ABSTRACT

Vocational rehabilitation is one of the most important areas of rehabilitation of persons with disabilities (pwd) in every country. This comparative study has been done in order to propose the current situation of vocational rehabilitation of pwd in Japan and Thailand as well as the services available for pwd focusing on the services on vocational rehabilitation. The study also provides some information about the welfare system of these two countries provided that the welfare systems are closely related to vocational rehabilitation system. As a person with disabilities, one receives various kinds of services and support. The support they receive has influence in their lives including their decision making in entering labor market.
　　　In this study, there were analysis and comparisons of laws concerning pwd with emphasis on laws related to vocational rehabilitation of pwd and disqualifying clauses (laws and regulations that are obstacles for employment promotion of pwd or discriminate them from receiving equal opportunities in their job). I hope the analysis and comparisons can bring some ideas to lawyers, professionals, pwd and all related persons.
　　　Another significant part of the study is the interview of employers, pwd (most of whom are leaders in disability movement) and the professionals in the area of vocational rehabilitation. The interviewees in all three groups gave many interesting critique and suggestions. From the interview, I found out that interviewees in some groups share common problems and have similar suggestions. For example, some professionals and pwd in Japan suggested that pwd who work in sheltered workshop should be covered by labor law not welfare law because workers under labor law can receive more fringe benefits and security. As for Japanese employers whom were interviewed, they all said they are willing to employ pwd. But they encounter some different problems such as difficulty in finding pwd appropriate for the job vacancies, and too much paper work concerning the hiring of pwd. Most of them said they would give priorities to applicants who have disabilities if both the disabled and non-disabled have similar qualifications related to that job.
      In Thailand, the situation of vocational rehabilitation is still on its way of development. The quota system was just introduced into Thai society when the Rehabilitation of Persons with Disabilities Act was issued in 1991, with the ratio of 1 pwd per 200 regular employees (0.5%). The employers’ incentives to hire pwd are still not so useful according to the employers’ opinion. For example, employers who hire pwd can receive tax deduction (the certain amount of deduction is stated under the Chapter of Laws concerning Pwd in Thailand). However, tax deduction is just a small amount of money and they have to wait until the time of tax filing to receive the deduction while they already paid the salary to the disabled employees.
      From the interview, I found that Japan and Thailand share a common issue ; it is much more difficult for persons with certain disabilities to get a job. These groups of people are : people with severe disabilities, people with mental disabilities (people with psychiatric and behavioral disabilities), and people with developmental disabilities (intellectual disabilities). *
      From this study, I hope people in different groups can benefit from it. For the professionals, I hope they can learn from the situation of another country, the problems they encounter and the ways to solve these problems. Then apply those strategies with their own country based on the culture, attitudes and situation of their society. For pwd who are leaders in disability movement, they can also learn how to make changes in their society, what are the common problems and what should be solutions. Nowadays, there is a wide connection of associations of pwd in Japan and Thailand. However, in the field of vocational rehabilitation, most of the connection is at the governmental level. There should be more co-research or projects organized by non-governmental organizations in this area. From this study, I hope pwd in Thailand can learn from the situation of Japan to know how and why it is more progressed in the area of vocational rehabilitation. I hope they can learn from the laws (both the ones that promote and discriminate pwd), the movement for changes and progress and most of all, the factors that effect the success or failure of vocational rehabilitation.

* Words in brackets are the terminology used in Thailand. Japan and Thailand use some different words in some terminology.



ACKNOWLEDGEMENT

　　　I would like to express my sincere thanks to the Sumitomo Foundation, the sponsor of this comparative study and special thanks to Mr. Takashi Mizuno, program officer of the foundation, Ms. Takako Wayama and all staff of Japanese Society for Rehabilitation of Persons with Disabilities (JSRPD) for their substantial support, Ms. Chikako Kohyama, Japan Association for Employment of the Disabled (JAED), National Institute of Vocational Rehabilitation (NIVR), Public Employment Security Office (PESO) and everybody at Nagano Prefecture who gave interview to me, all fellows who have disabilities, everybody who provided information for this study, everybody whom I interviewed, all organizations, companies and work places that I visited. Thank you for warm hospitality and kind cooperation. Also sincere thanks to Mrs. Sunee Saisupatphon and everybody at the Office of the Committee of Rehabilitation of Disabled Persons (OCRDP), Ms. Jitprapa Sri-On, the director of Ratchasuda College, Mahidol University and all of my colleagues. Mr. Suporntam Mongkolsawat, Mr. Montian Buntan, Assoc. Prof. Wiriya Namsiripongpan, and Mr.Yutaka Takamine.

　　　I would like to give special thanks to Mr. Ichiro Maruyama, professor and head of Social Work Department, Saitama Prefectural University and secretary general of Regional NGOs Network for the Promotion of Asian and Pacific Decade of Disabled Persons (RNN), to my parents who have always been dedicated to their children especially the youngest one who has disability.

　　　And most of all, I would like to give the biggest thanks to Mrs. Harumi Shibuya who is the key person to the success of this study. All good things this study may bring will be dedicated to her and all persons whose names were mentioned above.



OBJECTIVES

The comparative study of rehabilitation of people with physical disabilities in Japan and Thailand is done with the following objectives :
1. To collect, compare and analyze Japanese and Thai laws related to pwd
2. To compare and analyze disqualifying clauses in laws related to pwd in        Japan and Thailand.
3. To collect and compare problems and suggestions made by pwd, professionals and employers.
4. To study about the attitudes of employers, professionals and pwd themselves toward employment of pwd.
5. To study current situation of pwd in labor market and those who self-employ
6. To collect and present suggestions for laws appropriate for vocational rehabilitation in Japan and Thailand.
7. To compare vocational rehabilitation system and services of Japan and Thailand


EXPECTED OUTCOME

1. To know Japanese and Thai laws related to pwd
2. To know disqualifying clauses in laws related to pwd in Japan and Thailand.
3. To know problems and suggestions made by pwd, professionals and employers.
4. To know attitudes of employers, professionals and pwd themselves toward employment of pwd.
5. To know the current situation of pwd in labor market and those who self-employ
6. To know about laws appropriate for vocational rehabilitation in Japan and Thailand as derived from the suggestions
7. To know the comparison of vocational rehabilitation system and services of Japan and Thailand
8. Problems, need and suggestions collected in this study shall be used as information for improving vocational rehabilitation in Japan and Thailand.
9. There will be a network to create more cooperation in the field of vocational rehabilitation in order to exchange knowledge, experiences and expertise of the two countries.
10. The result of the study will be disseminated for the use of rehabilitation in other countries.
11. There will be more public awareness of disability issue especially in the field of vocational rehabilitation.
12. This study will be pilot project of comparative study of vocational rehabilitation in other countries.



METHODOLOGY

　　　The study is done on the basis of qualitative study. First part of the data is derived from literature review including materials, documents, papers of the organizations that work in the area of vocational rehabilitation. Second part of the data is collected from the in-depth interviews with persons with disabilities, professionals and employers to collect information about the current situation of vocational rehabilitation and to collect problems and needs, as well as their opinions and suggestions for improvement. The results of the study were presented in the form of descriptive analysis, and the figures are shown in the forms of tables and graphs.
　　　The result of the study will be publicized for the use of other researchers, professionals, employers and most of all, persons with disabilities themselves, with the main purpose of improving vocational rehabilitation of persons with disabilities in these two countries and worldwide.

SAMPLES OF THE STUDY

Samples of the study are employers, professionals in the field of vocational rehabilitation and pwd. The details of each group are as follows:

Samples in Thailand
        For employers, the interviewees are employers who employ pwd or used to employ pwd, including employers who send money to the Fund for Rehabilitation of Persons with Disabilities instead of employing pwd. The interviewees in this group consist of employers or bosses of pwd in governmental organizations, non-governmental organizations (NGOs) and private companies. The number of interviewees in this group is 8.
For professionals, the interviewees in this group are those who work as vocational counselors, staff, teachers, directors, principals, head of the section or department of vocational training in both governmental and non-governmental organizations. The number of interviewees in this group is 8.
For interviewees who are pwd, they are leaders of disability movements, representatives or chairpersons of associations of pwd, researchers, professors, lawyers, teachers and staff of vocational schools or centers, pwd who work with governmental and non-governmental organizations and private companies, those who are self-employed including those who are unemployed or choose not to perform regular work. The number of interviewees in this group is 14.
The samples were selected by purposive sampling in order to be assured that the information is derived from key informants.

Samples in Japan
　　　For employers, the interviewees are employers who employ pwd or used to employ pwd, including employers who send money as levy instead of employing pwd. The interviewees in this group consist of employers or bosses of pwd in non-governmental organizations (NGOs) and private companies. The number of interviewees in this group is 6.
For professionals, the interviewees in this group are those who work as vocational counselors, researchers, professors, staff, instructors, trainers, directors, head of the section or department of vocational training in both governmental and non-governmental organizations. The number of interviewees in this group is 18.
For interviewees who are pwd, they are leaders of disability movements, representatives or chairpersons of associations of pwd and staff of vocational centers, pwd who work with governmental and non-governmental organizations and private companies, including those who choose not to perform regular work. The number of interviewees in this group is 12.

Note: Some employers and professionals are persons with disabilities. Therefore, some samples belong to more than one categories.

KEYWORDS

Disability, handicap, impairment, persons with disabilities, persons with physical disabilities, rehabilitation, equalization of opportunities

DEFINITION

The most commonly cited definition of the words, disability, handicap and impairment is that of the World Health Organization (WHO) in 1976 1, which draws a three-fold distinction between impairment, disability and handicap, defined as follows. “An impairment is any loss or abnormality of psychological, physiological or anatomical structure or function; a disability is any restriction or lack (resulting from an impairment) of ability to perform an activity in the manner or within the range considered normal for a human being; a handicap is a disadvantage for a given individual, resulting from an impairment or a disability, that prevents the fulfillment of a role that is considered normal (depending on age, sex and social and cultural factors) for that individual.

According to activists in the disability movement, the World Health Organization has confused between the terms “disability” and “impairment”. They maintain that impairment refers to physical or cognitive limitations that an individual may have, such as the inability to walk or speak. In contrast, disability refers to socially imposed restrictions, that is, the system of social constraints that are imposed on those with impairments by the discriminatory practices of society. Thus, the Union of the Physically Impaired Against Segregation defined impairment and disability in the following manner. An “impairment” is lacking part of or all of a limb, or having a defective limb, organism or mechanism of the body. “Disability is the disadvantage or restriction of activity caused by contemporary organization which takes no or little account of people who have physical impairments and thus excludes them from the mainstream of social activities. 2

According to the United Nations Standard Rules on the equalization of Opportunities for Persons with disabilities:
* The term "disability" summarizes a great number of different functional limitations occurring in any population in any country, of the world. People may be disabled by physical, intellectual or sensory impairment, medical conditions or mental illness. Such impairments, conditions or illnesses may be permanent or transitory in nature.
* The term "handicap" means the loss or limitation of opportunities to take part in the life of the community on an equal level with others. It describes the encounter between the person with a disability and the environment. The purpose of this term is to emphasize the focus on the shortcomings in the environment and in many organized activities in society, for example, information, communication and education, which prevent persons with disabilities from participating on equal terms.
* The use of the two terms "disability" and "handicap", as defined in the two paragraphs above, should be seen in the light of modern disability history. During the 1970s there was a strong reaction among representatives of organizations of persons with disabilities and professionals in the field of disability against the terminology of the time. The terms "disability" and "handicap" were often used in an unclear and confusing way, which gave poor guidance for policy-making and for political action. The terminology reflected a medical and diagnostic approach, which ignored the imperfections and deficiencies of the surrounding society.
* In 1980, the World Health Organization adopted an international classification of impairments, disabilities and handicaps, which suggested a more precise and at the same time relativistic approach. The International Classification of Impairments, Disabilities, and Handicaps 3 makes a clear distinction between "impairment", "disability" and "handicap". It has been extensively used in areas such as rehabilitation, education, statistics, policy, legislation, demography, sociology, economics and anthropology. Some users have expressed concern that the Classification, in its definition of the term "handicap", may still be considered too medical and too centred on the individual, and may not adequately clarify the interaction between societal conditions or expectations and the abilities of the individual. Those concerns, and others expressed by users during the 12 years since its publication, will be addressed in forthcoming revisions of the Classification.
* As a result of experience gained in the implementation of the World Programme of Action and of the general discussion that took place during the United Nations Decade of Disabled Persons, there was a deepening of knowledge and extension of understanding concerning disability issues and the terminology used. Current terminology recognizes the necessity of addressing both the individual needs (such as rehabilitation and technical aids) and the shortcomings of the society (various obstacles for participation).
The following definitions are quoted from the Standard Rules for the Equalization of Opportunities for Persons with Disabilities.

Rehabilitation
The term "rehabilitation" refers to a process aimed at enabling persons with disabilities to reach and maintain their optimal physical, sensory, intellectual, psychiatric and/or social functional levels, thus providing them with the tools to change their lives towards a higher level of independence. Rehabilitation may include measures to provide and/or restore functions, or compensate for the loss or absence of a function or for a functional limitation. The rehabilitation process does not involve initial medical care. It includes a wide range of measures and activities from more basic and general rehabilitation to goal-oriented activities, for instance vocational rehabilitation.

Equalization of opportunities
The term "equalization of opportunities" means the process through which the various systems of society and the environment, such as services, activities, information and documentation, are made available to all, particularly to persons with disabilities.
* The principle of equal rights implies that the needs of each and every individual are of equal importance, that those needs must be made the basis for the planning of societies and that all resources must be employed in such a way as to ensure that every individual has equal opportunity for participation.
* Persons with disabilities are members of society and have the right to remain within their local communities. They should receive the support they need within the ordinary structures of education, health, employment and social services.
* As persons with disabilities achieve equal rights, they should also have equal obligations. As those rights are being achieved, societies should raise their expectations of persons with disabilities. As part of the process of equal opportunities, provision should be made to assist persons with disabilities to assume their full responsibility as members of society.

Thai Definition

The following definitions are derived from the Rehabilitation of Persons with Disabilities Act B.E. 2534 (AD 1991) :

Person with disability means a person with physical, intellectual or psychological abnormality or impairment as categorized and prescribed in the Ministerial Regulations.

Person with physical disabilities means:
(a) a person with obvious abnormality or malfunctioning of the physical condition which makes her/his unable to perform daily routine activities, or
(b) a person who has lost her/his ability to move hands, arms, legs, or body as a result of amputation, paralysis or weakness, rheumatic disease, arthritis or chronic pain including other chronic illnesses caused by body system dysfunction inhibiting her/him to perform daily routine activities or maintain a living like an ordinary person.

* Clarification
The samples of this study are persons with physical disabilities. However, the definition of persons with physical disabilities in Japan and Thailand are different (as cited from the Rehabilitation of Persons with Disabilities Act B.E. 2534 (Thai Law) and from the Law for the Welfare of Physically Disabled Persons (Japanese Law)).
In order to make parallel comparisons of sample groups, the definition of persons with physical disabilities in this study shall cover persons with all kinds of disabilities which are not categorized as mental, intellectual, psychiatric or behavioral disabilities.
Therefore, the Thai definition of persons with physical disabilities shall cover groups of persons who have the following characteristics :

(1) impairment in terms of sight
(2) impairment in terms of hearing or communication
(3) impairment in terms of physical and locomotion

Impairment in terms of sight means :
(a) an individual whose better eye, after using regular
eyeglasses, is able to see less than 6/18 or 20/70 downward
until unable to see any light, or
(b) an individual who has a visual field of less than 30 degree

Impairment in term of hearing or communication means :
(a) an individual with hearing frequency of 500, 1000, or 2000
Hertz in a better ear under the average audibility as follows
(1) over 40 decibels up to the, point of not hearing
at all for a child of not older than 7 years of age
(2) over 55 decibels up to the point of not hearing
at all for a general person, or
(b) an individual with abnormality or malfunctioning of the
hearing system to comprehend, or use verbal language to
communicate with others.

Impairment in terms of physical or mobility
(a) a person with obvious abnormality or malfunctioning of
the physical condition which makes her/his unable to
perform daily routine activities, or
(b) a person who has lost her/his ability to move hands, arms,
legs, or body as a result of amputation, paralysis or weakness,
rheumatic disease, arthritis or chronic pain including other
chronic illnesses caused by body system dysfunction inhibiting
her/him to perform daily routine activities or maintain a
living like an ordinary person.

- Identification of disabled persons is based on the possession of the Identification Booklet for Physically Disabled Persons” issued by the Office of the Committee of Rehabilitation of Disabled Persons (OCRDP) for pwd who live in Bangkok. For pwd who live in other provinces, they can have the booklet issued at the Provincial Public Welfare Office. Persons who have grade 3 to 5 disabilities can register and have a booklet. Persons with lower grade of disabilities (grade 1-2) cannot register. (In Thailand, grade 1 is the mildest and grade 5 is the most severe degree of disabilities.)

Rehabilitation of Disabled Persons means the improvement of the potentials and capacities of disabled persons through medical, educational, and social methods, and vocational training in order to provide them the opportunities to work or lead their lives equal to that of the non-disabled.

Japanese Definition

Definition of Disabled Persons in Japan

- According to Article 2 of the Disabled Persons' Fundamental Law which came into effect on 3 December 1993, "Disabled Persons" means persons whose daily life in society is substantially limited over the long term due to a physical disability, mental retardation or mental disability. This is a rough or comprehensive definition in Japan.

- According to Law for Employment Promotion, etc. of the Disabled, disabled persons mean those who, because of physical or mental impairment, are subject to considerable restrictions in their vocational life, or who have great difficulty in leading a vocational life, over the long term.

Besides the definitions by the Disabled Persons' Fundamental Law and Law for Employment Promotion, etc. of the Disabled, other laws have their own definition to provide the services for eligible persons.

Physically Disabled Persons
- According to Article 4 of the Law for the Welfare of Physically Disabled Persons, "Physically Disabled Person as used in this Law shall mean a person over 18 years of age who has physical disability which comes under one of those enumerated in the attached list, and who has received a Physical Disabled Person's Certificate from the governor of a local public body." (Refer the Attached List of Degrees of Physical Disability.)

The definition of physically disabled persons in Japan is provided in the Law for the Welfare of Physically Disabled Persons and there are various evaluation standards establishing the severity of the impairment in the form of ratings from Grades 1 through 6.
(1) Permanent visual impairment as listed in the following.
- Visual acuity (as measured in accordance with the International Vision Chart and measured degree of correctness; hereafter the same) of both eyes being 0.1 or less.
- Visual acuity of one eye at 0.02 or less and the other at 0.6 or less.
- Visual field diameter 10 degree or less of both eyes.
- Visual field defect more than 50% of both eyes.
(2) Permanent hearing impairment or impairment of balance function as listed in the following.
- More than 70dBHL in each ear.
- One ear more than 90dBHL, the other more than 50dBHL.
- Less than 50% of hearing intelligibility.
- Severe impairment of balance.
(3) Impairment of voice, speech or mastication function.
- Total loss of voice, speech or mastication function.
- Severe and permanent impairment of voice, speech or mastication function.
(4) Impairment of the limbs trunk as listed in the following.
- Severe and permanent impairment of one upper limb, one lower limb or trunk.
- Loss of the thumb of one upper limb upward of the knuckle joint or loss of two or more fingers of one upper limb including the forefinger upward of the knuckle joint.
- Loss of one lower limb upward of the lisfranc joint.
- Loss of all toes from both lower limbs.
- Severe impairment of the thumb of one upper limb or severe and permanent impairment of three or more fingers of one upper limb.
(5) Impairments of the functions of the heart, kidney, respiratory organs, bladder, rectum and small intestine that are permanent and acknowledged as being of a degree to cause extreme limitations in daily living.

- According to Law for Employment Promotion, etc. of the Disabled, a physically disabled person means a person who has one of Grade 1-6 disabilities, which are given in the “List of Degree of Physical Disabilities”, or who has two or more kinds of Grade 7 disabilities.
- A person who has one of the disabilities classified as Grade 1 or Grade 2, or two or more of Grade 3 in the List of Degree of Physical Disabilities, is regarded to be a “severely physically disabled person” and will be doubly counted when calculating the number of physically disabled workers or the amount of levy for employing physically disabled persons.
- Identification of a physically disabled person is, in principle, based on the possession of the “Identification Booklet for Physically Disabled Persons” issued pursuant to the “Law for the Welfare of Physically Disabled Persons”.

* Levels of Severity of Disabilities according to Japanese and Thai definition
In Japan, disabilities are divided into 7 levels, grade 1 to grade 7. Grade 1 is the most severe disability.
In Thailand, disabilities are divided into 5 levels, grade 1 to grade 5. Grade 5 is the most severe disability.



RESEARCH PROJECT SCHEDULE

Study about vocational rehabilitation in Japan and collect data
Schedule for the year 2002

April 22 - April 30    

Literature review on vocational rehabilitation of persons with disabilities in Japan

The data collection during May and June was done in Tokyo, Nagano Prefecture and Chiba Prefecture

May 1 - May 30   

Interview vocational counselors and related professionals
Collect data from libraries and organizations of vocational rehabilitation
Interview persons with disabilities

June 1- June 30  

Interview employers who hire persons with disabilities
Interview persons with disabilities who are leaders in disability movement
Interview persons with disabilities who work with the government
Interview persons with disabilities who work with private companies
Attend seminars/lectures concerning rehabilitation of persons with disabilities

July 1 - July 30

Review data and search for more information on vocational rehabilitation of persons with disabilities in Japan (as introduced by interviewees)

August 1 - Nov 30

Study about vocational rehabilitation in Thailand and collect data (the same process as in Japan)

Dec 1, 2002 - Feb 28, 2003

Data analysis and paper writing

March 1 - March 5, 2003

Finishing and sending papers to the Sumitomo Foundation and relevant agencies




INTRODUCTION

“People with disabilities are on the move. Labeled disabled, they are fighting against being treated as sick and in need of charity. The struggle is on for recognition of their citizenship entitlements.” 4
　　　
The above quotation from the Asian and Pacific Decade of Disabled Persons 1993-2002 Homepage shows the strong movement of pwd nowadays. The number of pwd in the world is large. According to the World Health Organization (WHO), about 10% of the world population are those with disabilities. The world population as of 1999 was approximately 6 billion. 5 This means there are about 600 million people with disabilities all over the world.
Moreover, the number of pwd is getting larger worldwide due to several factors : malnutrition and disease, environmental hazards, natural disasters, traffic and industrial accidents, civil conflict and war. Another factor is due to a concomitant of improvements in child survival. As a result, the numbers of children surviving with disabilities are increasing. And as more people survive to older age, the numbers of elderly people with disabilities are also increasing.

As a result of the awareness of the great number of pwd in every country and the necessity to support this group of people, there have been many programs and movements for the development of disability work. In 1975, the United Nations had declared the Rights of Disabled Persons. 6 and in 1981, it declared the International Year of Disabled Persons (IYDP) to increase public awareness of pwd in all member countries and also declared that the year 1983 to 1992 was the Decade of Disabled Persons. The main concept of the decade was to promote equality of opportunity and full participation of pwd. 7 In 1992 which was the end of the Decade of Disabled Persons, there was a conference organized by The Economic and Social Commission for Asia and the Pacific (ESCAP) during December 1-5, 1992. After the conference, there was the declaration of the Asian and Pacific Decade of Disabled persons 1993-2002. 8 According to the Agenda for Action for the Asian and Pacific Decade of Disabled persons, the main concept of the decade was : full participation and equality of pwd in the Asian and Pacific region. And the decade action focuses on the inclusion of people with disabilities in society and all mainstream development programs. According to the Decade, the 12 targets and recommendations listed below were set to guide local-, provincial- and national-level action to achieve the Decade goal of "full participation and equality".

1. National Coordination
2. Legislation
3. Information
4. Public awareness
5. Accessibility and communication
6. Education
7. Training and employment
8. Prevention of causes of disabilities
9. Rehabilitation services
10. Assistive devices
11.Self-help organizations
12. Regional Cooperation

　　　Another important event is : in 1992, the United Nations declared the 3rd of December as the International Day of Disabled Persons.

INTERNATIONAL POLICIES ON DISABILITIES

To ensure the equalization of opportunities of pwd, many regulations, standards, conventions and declarations have been set for practice at the international level. Listed below are some examples.
* The International Bill of Human Rights
* The Universal Declaration of Human Rights
* The International Covenant on Economic, Social and Cultural Rights
* The International Covenant on Civil and Political Rights
* The Convention on the Rights of the Child
* The Convention on the Elimination of All Forms of Discrimination against Women
* The World Programme of Action concerning Disabled Persons
* The Standard Rules for the Equalization of Opportunities for Persons with Disabilities
* Recommendation Concerning Vocational Rehabilitation and Employment (Disabled Persons
* Recommendation concerning Vocational Rehabilitation of the Disabled

Main Concepts of the Standard Rules for the Equalization of Opportunities for Persons with Disabilities 9

The Standard Rules for the Equalization of Opportunities for Persons with Disabilities emphasizes on the equal rights and opportunities of pwd.

Equal rights mean, “ People with disabilities - as citizens of their societies - should have the same rights and obligations as all other citizens.” 10

There is an increasing awareness by governments of the UN member countries concerning equal rights of all citizens. It is ultimately the responsibility of all Governments to ensure that disabled people:
* live as dignified and independent a life-style as possible within the community;
* take an active part in the general, social and economic development of society;
* receive education, medical care and social services within the ordinary structures of their societies.

Equal Opportunities
Governments can enact laws to guarantee equality and to prevent discrimination. The cost of denying equal opportunities to persons with disabilities is high not only in financial terms, but in the loss of their contribution to society.
A recent trend emphasizes self-care and puts greater emphasis on increased support to the family and community to provide services for persons with disabilities. In many countries, such services continue to be concentrated in the private sector, financed by voluntary contributions. Such programmes are important, but they do not guarantee equal opportunities for disabled people at all levels of society. Governments should provide disabled people with permanent access to basic public services.
The untapped potential of disabled people will be realized only when Governments ensure that equal opportunities are given to all of their citizens. Equal opportunities enable disabled persons to govern their own lives with self-respect and personal integrity.

ILO Policy on Equalization of Employment Opportunities

The International Labour Organisation (ILO) adopted in 1983, international standards, ILO Convention11 159 and Recommendation 168, concerning vocational rehabilitation and employment of the disabled persons. The Convention stresses that "the government policy should aim at ensuring that appropriate to all categories of the disabled persons, and at promoting employment opportunities for disabled persons in the open labour market". The ILO Recommendation also states that "disabled persons should enjoy equality of opportunity and treatment in respect of access to, retention of and advancement in employment which, wherever possible, corresponds to their own choice and takes account of their individual suitability for such employment".



GENERAL INFORMATION ABOUT DISABILITIES

DEFINITION

The most commonly cited definition of the words, disability, handicap and impairment is that of the World Health Organization (WHO) in 1976 12, which draws a three-fold distinction between impairment, disability and handicap, defined as follows. “An impairment is any loss or abnormality of psychological, physiological or anatomical structure or function; a disability is any restriction or lack (resulting from an impairment) of ability to perform an activity in the manner or within the range considered normal for a human being; a handicap is a disadvantage for a given individual, resulting from an impairment or a disability, that prevents the fulfilment of a role that is considered normal (depending on age, sex and social and cultural factors) for that individual'.

According to activists in the disability movement, the World Health Organization has confused between the terms “disability” and “impairment”. They maintain that impairment refers to physical or cognitive limitations that an individual may have, such as the inability to walk or speak. In contrast, disability refers to socially imposed restrictions, that is, the system of social constraints that are imposed on those with impairments by the discriminatory practices of society. Thus, the Union of the Physically Impaired Against Segregation defined impairment and disability in the following manner. An “impairment” is lacking part of or all of a limb, or having a defective limb, organism or mechanism of the body'. “Disability is the disadvantage or restriction of activity caused by contemporary organization which takes no or little account of people who have physical impairments and thus excludes them from the mainstream of social activities. 13

According to the United Nations Standard Rules on the equalization of Opportunities for Persons with disabilities:
* The term "disability" summarizes a great number of different functional limitations occurring in any population in any country, of the world. People may be disabled by physical, intellectual or sensory impairment, medical conditions or mental illness. Such impairments, conditions or illnesses may be permanent or transitory in nature.
* The term "handicap" means the loss or limitation of opportunities to take part in the life of the community on an equal level with others. It describes the encounter between the person with a disability and the environment. The purpose of this term is to emphasize the focus on the shortcomings in the environment and in many organized activities in society, for example, information, communication and education, which prevent persons with disabilities from participating on equal terms.
* The use of the two terms "disability" and "handicap", as defined in the two paragraphs above, should be seen in the light of modern disability history. During the 1970s there was a strong reaction among representatives of organizations of persons with disabilities and professionals in the field of disability against the terminology of the time. The terms "disability" and "handicap" were often used in an unclear and confusing way, which gave poor guidance for policy-making and for political action. The terminology reflected a medical and diagnostic approach, which ignored the imperfections and deficiencies of the surrounding society.
* In 1980, the World Health Organization adopted an international classification of impairments, disabilities and handicaps, which suggested a more precise and at the same time relativistic approach. The International Classification of Impairments, Disabilities, and Handicaps 14 makes a clear distinction between "impairment", "disability" and "handicap". It has been extensively used in areas such as rehabilitation, education, statistics, policy, legislation, demography, sociology, economics and anthropology. Some users have expressed concern that the Classification, in its definition of the term "handicap", may still be considered too medical and too emphasized on the individual, and may not adequately clarify the interaction between societal conditions or expectations and the abilities of the individual. Those concerns, and others expressed by users during the 12 years since its publication, will be addressed in forthcoming revisions of the Classification.
* As a result of experience gained in the implementation of the World Programme of Action and of the general discussion that took place during the United Nations Decade of Disabled Persons, there was a deepening of knowledge and extension of understanding concerning disability issues and the terminology used. Current terminology recognizes the necessity of addressing both the individual needs (such as rehabilitation and technical aids) and the shortcomings of the society (various obstacles for participation).
The following definitions are quoted from the Standard Rules for the Equalization of Opportunities for Persons with Disabilities.

Rehabilitation
The term "rehabilitation" refers to a process aimed at enabling persons with disabilities to reach and maintain their optimal physical, sensory, intellectual, psychiatric and/or social functional levels, thus providing them with the tools to change their lives towards a higher level of independence. Rehabilitation may include measures to provide and/or restore functions, or compensate for the loss or absence of a function or for a functional limitation. The rehabilitation process does not involve initial medical care. It includes a wide range of measures and activities from more basic and general rehabilitation to goal-oriented activities, for instance vocational rehabilitation.

Equalization of opportunities
The term "equalization of opportunities" means the process through which the various systems of society and the environment, such as services, activities, information and documentation, are made available to all, particularly to persons with disabilities.
* The principle of equal rights implies that the needs of each and every individual are of equal importance, that those needs must be made the basis for the planning of societies and that all resources must be employed in such a way as to ensure that every individual has equal opportunity for participation.
* Persons with disabilities are members of society and have the right to remain within their local communities. They should receive the support they need within the ordinary structures of education, health, employment and social services.
* As persons with disabilities achieve equal rights, they should also have equal obligations. As those rights are being achieved, societies should raise their expectations of persons with disabilities. As part of the process of equal opportunities, provision should be made to assist persons with disabilities to assume their full responsibility as members of society.

Thai Definition

The following definitions are derived from the Rehabilitation of Persons with Disabilities Act B.E. 2534 (AD 1991) :

Person with disability means a person with physical, intellectual or psychological abnormality or impairment as categorized and prescribed in the Ministerial Regulations.

Person with physical disabilities means :
(a) a person with obvious abnormality or malfunctioning of the physical condition which makes her/his unable to perform daily routine activities, or
(b) a person who has lost her/his ability to move hands, arms, legs, or body as a result of amputation, paralysis or weakness, rheumatic disease, arthritis or chronic pain including other chronic illnesses caused by body system dysfunction inhibiting her/him to perform daily routine activities or maintain a living like an ordinary person.

* Clarification
The samples of this study are persons with physical disabilities. However, the definition of persons with physical disabilities in Japan and Thailand are different (as cited from the Rehabilitation of Persons with Disabilities Act B.E. 2534 (Thai Law) and from the Law for the Welfare of Physically Disabled Persons (Japanese Law)).
In order to make parallel comparisons of sample groups, the definition of persons with physical disabilities in this study shall cover persons with all kinds of disabilities which are not categorized as mental, intellectual, psychiatric or behavioral disabilities. In other words, the researcher uses the definition of the Law for the Welfare of Physically Disabled Persons in defining people with physical disabilities.
Therefore, the Thai definition of persons with physical disabilities shall cover groups of persons who have the following characteristics :

(1) impairment in terms of sight
(2) impairment in terms of hearing or communication
(3) impairment in terms of physical and locomotion

Impairment in terms of sight means :
(a) an individual whose better eye, after using regular
eyeglasses, is able to see less than 6/18 or 2O/7O downward
until unable to see any light, or
(b) an individual who has a visual field of less than 30 degree

Impairment in term of hearing or communication means :
(a) an individual with hearing frequency of 500, 1000, or 2000
Hertz in a better ear under the average audibility as follows
(1) over 40 decibels up to the, point of not hearing
at all for a child of　not older than 7 years of age
(2) over 55 decibels up to the point of not hearing
at all for a general person, or
(b) an individual with abnormality or malfunctioning of the
hearing system to comprehend, or use verbal language to
communicate with others.

Impairment in terms of physical or mobility
(a) a person with obvious abnormality or malfunctioning of
the physical condition which makes her/his unable to
perform daily routine activities, or
(b) a person who has lost her/his ability to move hands, arms,
legs, or body as a result of amputation, paralysis or weakness,
rheumatic disease, arthritis or chronic pain including other
chronic illnesses caused by body system dysfunction inhibiting
her/him to perform daily routine activities or maintain a
living like an ordinary person.

- Identification of disabled persons is based on the possession of the Identification Booklet for Physically Disabled Persons” issued by the Office of the Committee of Rehabilitation of Disabled Persons (OCRDP) for pwd who live in Bangkok. For pwd who live in other provinces, they can have the booklet issued at the Provincial Public Welfare Office. Persons who have grade 3 to 5 disabilities can register and have a booklet. Persons with lower grade of disabilities (grade 1-2) cannot register. (In Thailand, grade 1 is the mildest and grade 5 is the most severe degree of disabilities.)

Rehabilitation of Disabled Persons means the improvement of the potentials and capacities of disabled persons through medical, educational, and social methods, and vocational training in order to provide them the opportunities to work or lead their lives equal to that of the non-disabled.

Japanese Definition

Definition of Disabled Persons in Japan

- According to Article 2 of the Disabled Persons' Fundamental Law which came into effect on 3 December 1993, "Disabled Persons" means persons whose daily life in society is substantially limited over the long term due to a physical disability, mental retardation or mental disability. This is a rough or comprehensive definition in Japan.

- According to Law for Employment Promotion, etc. of the Disabled, disabled persons mean those who, because of physical or mental impairment, are subject to considerable restrictions in their vocational life, or who have great difficulty in leading a vocational life, over the long term.

Besides the definitions by the Disabled Persons' Fundamental Law and Law for Employment Promotion, etc. of the Disabled, other laws have their own definition to provide the services for eligible persons.
 
Physically Disabled Persons
- According to Article 4 of the Law for the Welfare of Physically Disabled Persons, "Physically Disabled Person as used in this Law shall mean a person over 18 years of age who has physical disability which comes under one of those enumerated in the attached list, and who has received a Physical Disabled Person's Certificate from the governor of a local public body." (Refer the Attached List of Degrees of Physical Disability.)

The definition of physically disabled persons in Japan is provided in the Law for the Welfare of Physically Disabled Persons and there are various evaluation standards establishing the severity of the impairment in the form of ratings from Grades 1 through 6.
(1) Permanent visual impairment as listed in the following.
- Visual acuity (as measured in accordance with the International Vision Chart and measured degree of correctness; hereafter the same) of both eyes being 0.1 or less.
- Visual acuity of one eye at 0.02 or less and the other at 0.6 or less.
- Visual field diameter 10 degree or less of both eyes.
- Visual field defect more than 50% of both eyes.
(2) Permanent hearing impairment or impairment of balance function as listed in the following.
- More than 70dBHL in each ear.
- One ear more than 90dBHL, the other more than 50dBHL.
- Less than 50% of hearing intelligibility.
- Severe impairment of balance.
(3) Impairment of voice, speech or mastication function.
- Total loss of voice, speech or mastication function.
- Severe and permanent impairment of voice, speech or mastication function.
(4) Impairment of the limbs trunk as listed in the following.
- Severe and permanent impairment of one upper limb, one lower limb or trunk.
- Loss of the thumb of one upper limb upward of the knuckle joint or loss of two or more fingers of one upper limb including the forefinger upward of the knuckle joint.
- Loss of one lower limb upward of the lisfranc joint.
- Loss of all toes from both lower limbs.
- Severe impairment of the thumb of one upper limb or severe and permanent impairment of three or more fingers of one upper limb.
(5) Impairments of the functions of the heart, kidney, respiratory organs, bladder, rectum and small intestine that are permanent and acknowledged as being of a degree to cause extreme limitations in daily living.

- According to Law for Employment Promotion, etc. of the Disabled, a physically disabled person means a person who has one of Grade 1-6 disabilities, which are given in the “List of Degree of Physical Disabilities”, or who has two or more kinds of Grade 7 disabilities.
- A person who has one of the disabilities classified as Grade 1 or Grade 2, or two or more of Grade 3 in the List of Degree of Physical Disabilities, is regarded to be a “severely physically disabled person” and will be doubly counted when calculating the number of physically disabled workers or the amount of levy for employing physically disabled persons.
- Identification of a physically disabled person is, in principle, based on the possession of the “Identification Booklet for Physically Disabled Persons” issued pursuant to the “Law for the Welfare of Physically Disabled Persons”.
* Levels of Severity of Disabilities according to Japanese and Thai definition
In Japan, disabilities are divided into 7 levels, grade 1 to grade 7. Grade 1 is the most severe disability.
In Thailand, disabilities are divided into 5 levels, grade 1 to grade 5. Grade 5 is the most severe disability.


NUMBER OF PERSONS WITH DISABILITIES IN JAPAN

The Number of Disabled Persons in Japan (as of November 1996) 15
According the Survey on Physically Disabled Persons of 1996, the Survey on Mentally Retarded Persons of 1995 and the Survey on Mentally Disabled Patients, the total number of disabled persons in Japan is estimated as follows.

Estimated Number of Disabled Persons
Total Number          5,136,500 (about 4.3% of total Japanese Population)    Physically disabled　persons 　　　　3,176,500                                  Mentally retarded persons 　　　　　  390,000                                    Mentally disabled persons 　　　   　1,570,000

                                           
Number of Physically Disabled Persons and Children
Living in Institution
under 18 /over 18/ Total:   7,900/ 154,000/ 161,900
Living in Community
under 18 /over 18/ Total: 81,600/ 2,933,000/ 3,014,600                             
                                    89,500/ 3,087,000/ 3,176,500

Categories of Physical Disabilities and Numbers of Physically Disabled Persons over 18 Years Living in Community
Motor dysfunction (limb and body)       1,657,000 (56,5%)
Visual disability 　                                305,000 (10,4%)
Hearing and speech disability 　              350,000 (11.9%)
Internal organ disorder 　                      621,000 (21,2%)
        Total                                       2,933,000




Indicators on Disability

Disability-Specific Data: Types of Disabilities in Thailand (1996)

Physical disability 42.2%
Hearing impairment 20.3%
Intellectual disability 14.6%
Visual impairment 10.8%
Psychiatric disability 5.7%
Others 6.5%

Source: National Statistical Office, Office of the Prime Minister, Report of Health and Welfare Survey, 1996



Age-Specific Data: Number of Persons with Disabilities in Each Age Group

Age 0- 6 years old /30.6 thousand persons
7-10                     26.6
11-14                   40.6
15-19                   88.1
20-24                 127.6
25-29                   81.7
30-34                   78.2
35-39                   49.0
40-49                  119.6
50-59                  121.7
60-                     260.4

Source: National Statistical Office, Office of the Prime Minister, Report of Health and Welfare Survey, 1996




Area-Specific Data: Number of Persons with Disabilities in Each Area

Bangkok Metropolis 48.3 thousand persons
Southern 151.3
Central 205.7
Northern 232.1
Northeastern 386.7

Note: Central area excludes Bangkok metropolis. Number of provinces in each area is; 25 in central (excluding Bangkok metropolis), 17 in northern, 19 in northeastern and 14 in southern area.
Source: National Statistical Office, Office of the Prime Minister, Report of Health and Welfare Survey, 1996




Grade-Specific Data: Number of Persons with Disabilities in Each Grade of Disability (total (men/women))

Physical Disability
Visual Impairment
Hearing Impairment
Intellectual Disability
Psychiatric Disability
Over-lapping

Grade 1:
n.a.
972
(727/445)
344
(172/172)
n.a.
309
(211/98)
1488
(879/609)

Grade 2:
n.a.
744
(404/340)
1049
(559/490)
n.a.
576
(323/253)
1898
(1094/804)

Grade 3:
6877
(1326/5551)
1854
(978/876)
3595
(2034/1561)
3958
(2167/1791)
n.a.
5397
(3050/2347)

Grade 4:
9577
(6127/3450)
2575
(1425/1150)
3720
(2028/1692)
4577
(2474/2103)
n.a.
4397
(2531/1866)

Grade 5:
3738
(2440/1298)
6049
(3158/2891)
7756
(4022/3734)
5070
(2878/2192)
n.a.
6732
(3904/2828)

Notes: Data is only for Person with Disabilities registered from 1 January 1994 till 30 March 2000. Person with Disabilities registered till 30 March 2000 is 200,874 persons in total, but grades of disabilities are unknown about half of them. There are 5 grades to classify level of disability and grade 5 is the severest disability except psychiatric disability (grade 1 is the severest for psychiatric disability). As for physical and intellectual disability, only Persons
with Disabilities of grade 3-5 are supposed to register while those who of grade 1-2 do not have rights to register. And for persons with psychiatric disability, those of grade 3-5 do not have the right to register.
Source: Office of the Committee for Rehabilitation of Disabled Persons, Department of Public Welfare




Cause-Specific Data: Cause of Disability

Congenital anomaly 33%
Sickness 15%
Traffic accident 9%
Home accident 7%
Farm accident 3%
Factory accident 3%
Others & Unknown 30%

Source: National Statistical Office, Office of the Prime Minister, Report of Health and Welfare Survey, 1996




Gender-Specific Data: Number of Persons with Disabilities in Each Gender

Physical disability Male/Female : 296.2/166.9 (thousand)
Hearing impairment 116.1/106.7
Intellectual disability 90.5/ 69.7
Visual impairment 59.0/ 59.2
Psychiatric disability 38.4/ 24.0
Others 37.6/ 33.3


Source: National Statistical Office, Office of the Prime Minister, Report of Health and Welfare Survey, 1996
　

COUNTRY PROFILE

JAPAN

(Information from the World Factbook 2002) 16

GEOGRAPHY

Location : Eastern Asia, island chain between the North Pacific Ocean and the Sea of Japan, east of the Korean peninsula

Area : total : 377,835 sq km
note: includes Bonin Islands (Ogasawara-gunto), Daito-shoto, Minami-jima, Okino-tori-shima, Ryukyu Islands (Nansei-shoto), and Volcano Islands (Kazan-retto)
water: 3,091 sq km
land: 374,744 sq km

Area Comparative : slightly smaller than California

Climate : varies from tropical in South to cool temperature in North

Terrain : mostly rugged and mountainous

Elevation Extremes : lowest point : Hachiro-gata -4 m
Highest point : Mt. Fuji 3,776 m

Natural Resources : negligible mineral resources, fish

Natural Hazards : many dormant and some active volcanoes; about 1,500 seismic occurrences (mostly tremors) every year; tsunamis; typhoons

Environment Current Issues : air pollution from power plant emissions results in acid rain; acidification of land and reservoirs degrading water quality and threatening aquatic life; Japan is the largest consumers of fish and tropical timber, contributing to the depletion of these resources in Asia and elsewhere.

PEOPLE

Population : 126,974,628 (as of July 2002)

Age Structure : 0-14 years: 14.5% (male 9,465,282; female 8,999,888)
15-64 years: 67.5% (male 43,027,320; female 42,586,112)
65 years and over: 18% (male 9,664,112; female 13,231,914) (2002 est.)

Population Growth Rate : 0.15% (2002 est.)

Birth Rate : 10.03 births/1,000 population (2002 est.)

Death Rate : 8.53 deaths/1,000 population (2002 est.)

Sex Ratio : at birth: 1.05 male/female
under 15 years: 1.05 male/female
15-64 years: 1.01 male/female
65 years and over: 0.73 male/female
total population: 0.96 male/female (2002 est.)

Infant Mortality Rate : 3.84 deaths/1,000 live births (2002 est.)
Life Expectancy at Birth : total population: 80.91 years
female: 84.25 years (2002 est.)
male: 77.73 years
Total Fertility Rate : 1.42 children born/woman (2002 est.)

Nationality : Japanese

Ethnic Groups : Japanese 99%, others 1% (Korean 51,126, Chinese 24,424, Brazilian 18,223, Filipino 8,995, other 23,792) (2000)

Religions : observe both Shinto and Buddhist 84%, other 16% (including Christian 0.7%)

Languages : Japanese
Literacy : definition: age 15 and over can read and write
total population: 99% (1970 est.)
male: NA%
female: NA%

GOVERNMENT

Country Name : conventional long form: none
conventional short form: Japan

Government Type : constitutional monarchy with a parliamentary government

Capital : Tokyo

Administrative Divisions : 47 prefectures; Aichi, Akita, Aomori, Chiba, Ehime, Fukui, Fukuoka, Fukushima, Gifu, Gumma, Hiroshima, Hokkaido, Hyogo, Ibaraki, Ishikawa, Iwate, Kagawa, Kagoshima, Kanagawa, Kochi, Kumamoto, Kyoto, Mie, Miyagi, Miyazaki, Nagano, Nagasaki, Nara, Niigata, Oita, Okayama, Okinawa, Osaka, Saga, Saitama, Shiga, Shimane, Shizuoka, Tochigi, Tokushima, Tokyo, Tottori, Toyama, Wakayama, Yamagata, Yamaguchi, Yamanashi

Suffrage : 20 years of age; universal

Executive Branch : chief of state: Emperor AKIHITO (since 7 January 1989)
note: following the resignation of Prime Minister Yoshiro MORI, Junichiro KOIZUMI was elected as the new president of the majority Liberal Democratic Party, and soon thereafter designated by the Diet to become the next prime minister
elections: none; the monarch is hereditary; the Diet designates the prime minister; the constitution requires that the prime minister must command a parliamentary majority, therefore, following legislative elections, the leader of the majority party or leader of a majority coalition in the House of Representatives usually becomes prime minister
cabinet: Cabinet appointed by the prime minister
head of government: Prime Minister Junichiro KOIZUMI (since 24 April 2001

Legislative Branch : bicameral Diet or Kokkai consists of the House of Councilors or Sangi-in (247 seats - formerly 252; one-half of the members elected every three years - 73 seats of which are elected from the 47 multi-seat prefectural districts and 48 of which are elected from a single nationwide list; members elected by popular vote to serve six-year terms) and the House of Representatives or Shugi-in (480 seats - 180 of which are elected from 11 regional blocks on a proportional representation basis and 300 of which are elected from 300 single-seat districts; members elected by popular vote to serve four-year terms)
election results: House of Councilors - percent of vote by party - NA%; seats by party - LDP 110, DPJ 59, Komeito 23, JCP 20, SDP 8, Liberal Party 8, Conservative Party 5, independents 14; note - the distribution of seats as of January 2002 is: LDP 115, DPJ 60, Komeito 24, JCP 20, SDP 8, Liberal Party 8, independents 6, others 6; House of Representatives - percent of vote by party - NA%; seats by party - LDP 233, DPJ 127, Komeito 31, Liberal Party 22, JCP 20, SDP 19, other 28; note - the distribution of seats as of January 2002 is: LDP 242, DPJ 126, Komeito 31, Liberal Party 22, JCP 20, SDP 19, NCP 7, other 13
elections: House of Councillors - last held 29 July 2001 (next to be held NA July 2004); House of Representatives - last held 25 June 2000 (next must be held by June 2004, but may occur sooner)

ECONOMICS

Economy Overview : Government-industry cooperation, a strong work ethic, mastery of high technology, and a comparatively small defense allocation (1% of GDP) have helped Japan advance with extraordinary rapidity to the rank of second most technologically powerful economy in the world after the US and third largest economy in the world after the US and China. One notable characteristic of the economy is the working together of manufacturers, suppliers, and distributors in closely-knit groups called keiretsu. A second basic feature has been the guarantee of lifetime employment for a substantial portion of the urban labor force. Both features are now eroding. Industry, the most important sector of the economy, is heavily dependent on imported raw materials and fuels. The much smaller agricultural sector is highly subsidized and protected, with crop yields among the highest in the world. Usually self-sufficient in rice, Japan must import about 50% of its requirements of other grain and fodder crops. Japan maintains one of the world's largest fishing fleets and accounts for nearly 15% of the global catch. For three decades overall real economic growth had been spectacular: a 10% average in the 1960s, a 5% average in the 1970s, and a 4% average in the 1980s. Growth slowed markedly in the 1990s largely because of the aftereffects of over-investment during the late 1980s and contracted domestic policies intended to wring speculative excesses from the stock and real estate markets. Government efforts to revive economic growth have met with little success and were further hampered in 2000-01 by the slowing of the US and Asian economies. The crowding of habitable land area and the aging of the population are two major long-run problems. Robotics constitutes a key long-term economic strength, with Japan possessing 410,000 of the world's 720,000 "working robots".

Labor Force : 67.7 million (December 2000)

Labor Force by Occupation : services 65%, industry 30%, agriculture 5%

Unemployment Rate : 4.9% (2001)

Industries : among world's largest and technologically advanced producers of motor vehicles, electronic equipment, machine tools, steel and nonferrous metals, ships, chemicals; textiles, processed foods

Agriculture Products : rice, sugar beets, vegetables, fruit; pork, poultry, dairy products, eggs; fish

Exports : $404.6 billion (f.o.b., 2001 est.)

Exports Commodities : motor vehicles, semiconductors, office machinery, chemicals

Exports Partners : US 29.7%, Taiwan 7.5%, South Korea 6.4%, China 6.3%, Hong Kong 5.7% (2000 est.)

Imports : $331.6 billion (f.o.b., 2001 est.)

Imports Commodities : fuels, foodstuffs, chemicals, textiles, office machinery

Imports Partners : US 19%, China 14.5%, South Korea 5.4%, Taiwan 4.7%, Indonesia 4.3%, Australia 3.9% (2000 est.)

Currency : yen (JPY)

Exchange Rate : yen per US dollar - 132.66 (January 2002), 121.53 (2001), 107.77 (2000), 113.91 (1999), 130.91 (1998), 120.99 (1997)

Fiscal Year : 1 April - 31 March

COMMUNICATIONS

Telephones-main lines in use : 60.381 million (1997)

Telephones-mobile cellular : 63.88 million (2000)

Radios : 120.5 million (1997)

Televisions : 86.5 million (1997)

Internet Service Providers (ISPs) : 73 (2000)

Internet Users : 47.08 million (2001)

TRANSPORTATION

Railways : total: 23,654 km (15,895 km electrified)
standard gauge: 3,059 km 1.435-m gauge (entirely electrified)
narrow gauge: 77 km 1.372-m gauge (entirely electrified); 20,491 km 1.067-m gauge (12,732 km electrified); 27 km 0.762-m gauge (entirely electrified) (2000)

Highways : total: 1,152,207 km
paved: 863,003 km (including 6,114 km of expressways)
unpaved: 289,204 km (1997 est.)




COUNTRY PROFILE

THAILAND

GEOGRAPHY

Location : Southeastern Asia, bordering the Andaman Sea and the Gulf of Thailand, southeast of Burma

Area : total: 514,000 sq km
water: 2,230 sq km
land: 511,770 sq km

Area Comparative : slightly more than twice the size of Wyoming

Climate : tropical; rainy, warm, cloudy southwest monsoon (mid-May to September); dry, cool northeast monsoon (November to mid-March); southern isthmus always hot and humid

Terrain : central plain; Khorat Plateau in the east; mountains elsewhere

Elevation Extremes : lowest point: Gulf of Thailand 0 m
highest point: Doi Inthanon 2,576 m


Natural Resources : tin, rubber, natural gas, tungsten, tantalum, timber, lead, fish, gypsum, lignite, fluorite, arable land

Natural Hazards : land subsidence in Bangkok area resulting from the depletion of the water table; droughts

Environment Current Issues : air pollution from vehicle emissions; water pollution from organic and factory wastes; deforestation; soil erosion; wildlife populations threatened by illegal hunting

PEOPLE

Population : 62,354,402
note: estimates for this country explicitly take into account the effects of excess mortality due to AIDS; this can result in lower life expectancy, higher infant mortality and death rates, lower population and growth rates, and changes in the distribution of population by age and sex than would otherwise be expected (July 2002 est.)

Age Structure : 0-14 years: 23.3% (male 7,404,227; female 7,121,083)
15-64 years: 69.9% (male 21,469,186; female 22,090,520)
65 years and over: 6.8% (male 1,868,632; female 2,400,754) (2002 est.)

Population Growth Rate : 0.88% (2002 est.)

Birth Rate : 16.39 births/1,000 population (2002 est.)

Death Rate : 7.55 deaths/1,000 population (2002 est.)

Sex Ratio : at birth: 1.05 male/female
under 15 years: 1.04 male/female
15-64 years: 0.97 male/female
65 years and over: 0.78 male/female
total population: 0.97 male/female (2002 est.)

Infant Mortality Rate : 29.5 deaths/1,000 live births (2002 est.)

Life Expectancy at Birth : total population: 69.18 years
female: 72.51 years (2002 est.)
male: 66 years
Total Fertility Rate : 1.86 children born/woman (2002 est.)

Nationality : Thai

Ethnic Groups : Thai 75%, Chinese 14%, other 11%

Religions : Buddhism 95%, Muslim 3.8%, Christianity 0.5%, Hinduism 0.1%, other 0.6% (1991)

Languages : Thai, English (secondary language of the elite), ethnic and regional dialects

Literacy : definition: age 15 and over can read and write
total population: 93.8%
male: 96%
female: 91.6% (1995 est.)

GOVERNMENT

Country Name : conventional long form: Kingdom of Thailand
conventional short form: Thailand
former: Siam

Government Type : constitutional monarchy

Capital : Bangkok

Administrative Divisions : 76 provinces (changwat, singular and plural); Amnat Charoen, Ang Thong, Buriram, Chachoengsao, Chai Nat, Chaiyaphum, Chanthaburi, Chiang Mai, Chiang Rai, Chon Buri, Chumphon, Kalasin, Kamphaeng Phet, Kanchanaburi, Khon Kaen, Krabi, Krung Thep Mahanakhon (Bangkok), Lampang, Lamphun, Loei, Lop Buri, Mae Hong Son, Maha Sarakham, Mukdahan, Nakhon Nayok, Nakhon Pathom, Nakhon Phanom, Nakhon Ratchasima, Nakhon Sawan, Nakhon Si Thammarat, Nan, Narathiwat, Nong Bua Lamphu, Nong Khai, Nonthaburi, Pathum Thani, Pattani, Phangnga, Phatthalung, Phayao, Phetchabun, Phetchaburi, Phichit, Phitsanulok, Phra Nakhon Si Ayutthaya, Phrae, Phuket, Prachin Buri, Prachuap Khiri Khan, Ranong, Ratchaburi, Rayong, Roi Et, Sa Kaeo, Sakon Nakhon, Samut Prakan, Samut Sakhon, Samut Songkhram, Sara Buri, Satun, Sing Buri, Sisaket, Songkhla, Sukhothai, Suphan Buri, Surat Thani, Surin, Tak, Trang, Trat, Ubon Ratchathani, Udon Thani, Uthai Thani, Uttaradit, Yala, Yasothon

Suffrage : 18 years of age; universal and compulsory

Executive Branch : chief of state: King PHUMIPHON Adunyadet (since 9 June 1946)
note: there is also a Privy Council
head of government: Prime Minister THAKSIN Chinnawat (since NA January 2001) and Deputy Prime Ministers Gen. (Ret.) CHAWALIT Yongchaiyut (since NA), DET Bunlong (since NA), PHITHAK Intharawithayanan (since NA), PONGPHON Adireksan (since NA), and SOMKHIT Chatusiphithak (since NA)
cabinet: Council of Ministers
elections: none; the monarch is hereditary; prime minister designated from among the members of the House of Representatives; following a national election for the House of Representatives, the leader of the party that can organize a majority coalition usually becomes prime minister

Legislative Branch : bicameral National Assembly or Rathasapha consists of the Senate or Wuthisapha (200 seats; members elected by popular vote to serve four-year terms) and the House of Representatives or Sapha Phuthaen Ratsadon (500 seats; members elected by popular vote to serve four-year terms)
elections: Senate - last held 4 March, 29 April, 4 June, 9 July, and 22 July 2000 (next to be held NA March 2004); House of Representatives - last held 6 January 2001 (next to be held NA January 2005)
election results: Senate - percent of vote by party - NA%; seats by party - NA; House of Representatives - percent of vote by party - NA%; seats by party - TRT 248, DP 128, TNP 41, NAP 36, NDP 29, other 18

ECONOMICS

Economy Overview : After enjoying the world's highest growth rate from 1985 to 1995 - averaging almost 9% annually - increased speculative pressure on Thailand's currency in 1997 led to a crisis that uncovered financial sector weaknesses and forced the government to float the baht. Long pegged at 25 to the dollar, the baht reached its lowest point of 56 to the dollar in January 1998 and the economy contracted by 10.2% that same year. Thailand entered a recovery stage in 1999, expanding 4.2% and grew 4.4% in 2000, largely due to strong exports - which increased about 20% in 2000. An ailing financial sector and the slow pace of corporate debt restructuring, combined with a softening of global demand, however, slowed growth in 2001 to 1.4%.

Labor Force : 33.4 million (2001 est.)

Labor Force by Occupation : agriculture 54%, industry 15%, services 31% (1996 est.)

Unemployment Rate : 3.9% (2001 est.)

Industries : tourism; textiles and garments, agricultural processing, beverages, tobacco, cement, light manufacturing, such as jewelry; electric appliances and components, computers and parts, integrated circuits, furniture, plastics; world's second-largest tungsten producer and third-largest tin producer

Agriculture Products : rice, cassava (tapioca), rubber, corn, sugarcane, coconuts, soybeans

Exports : $65.3 billion (f.o.b., 2001 est.)

Exports Commodities : computers, transistors, seafood, clothing, rice

Exports Partners : US 23%, Japan 14%, Singapore 8%, China 6%, Hong Kong 5%, Malaysia 4% (2000)

Imports : $62.3 billion (f.o.b., 2001 est.)

Imports Commodities : capital goods, intermediate goods and raw materials, consumer goods, fuels

Imports Partners : Japan 24%, US 11%, Singapore 10%, Malaysia 6%, China 4%, Taiwan 4% (2000)

Currency : baht

Exchange Rate : baht per US dollar - 43.982 (January 2002), 43.432 (2001), 40.112 (2000), 37.814 (1999), 41.359 (1998), 31.364 (1997)

Fiscal Year : 1 October - 30 September

COMMUNICATIONS

Telephones-main lines in use : 5.6 million (2000)

Telephones-mobile cellular : 3.1 million (2002)

Radios : 13.96 million (1997)

Televisions : 15.19 million (1997)

Internet Service Providers (ISPs) : 15 (2000)

Internet Users : 2.3 million (2000)

TRANSPORTATION

Railways : total: 4,071 km
narrow gauge: 4,071 km 1.000-m gauge (`2001)

Highways : total: 64,600 km
paved: 62,985 km
unpaved: 1,615 km (1996)


　

VOCATIONAL REHABILITATION IN JAPAN


1. Current Situation of Physically Disabled Persons 17
Physically Disabled Persons: about 2.93 Million
According to the survey conducted by the Ministry of Health and Welfare in 1996, the number of physically disabled persons (18 years of age or over at home) was 2,933 thousand. This gives a ratio of 28.9 physically disabled persons per 1,000 of population of 18 years of age or over. In short, about 29 people out of 1,000 have some kind of physical disabilities. As the number of physically disabled persons has been increasing year after year, the above figure shows an increase of some 7.8% against the figure of the previous survey of the Ministry of Health and Welfare (November 1991) of 2,722 thousand (population ratio: 2.8%)
A breakdown of the total number of physically disabled persons in the 1996 survey by the type of disability shows that physical disabilities makes up the largest proportion by 1,657 thousand (56.5%), followed by internal disabilities by 621 thousand (21.2%), hearing and speech disabilities by 350 thousand (11.9%), visual disabilities by 305 thousand (10.4%).

2. Actual Employment Situation of Physically Disabled Persons
Physically Disabled Persons Regularly Employed: about 396,000
According to the survey of the actual condition conducted by the Ministry of Labour, 1998, the number of physically disabled persons who have been employed as regular employees by the private enterprises with 5 or more regular employees is estimated to be 396,000, a 15.1% increase over that of 1993 (344,000 in 1993 which is the finding of 1993 survey of the said ministry.)

The followings show the kind and degree of the disabilities of these physically disabled persons.

Employment situation of physically disabled persons by kind of disabilities:
Physical disabilities 54.0%
Hearing 15.2%
Internal 14.9%
Visual 10.8%
Multiple disabilities 3.8%
Unknown 1.3% Total number = 396,000 persons

Employment situation of physically disabled persons by degree of disabilities:
Moderate (Grades 3 & 4) 38.2%
Severe (Grades 1 & 2) 33.3%
Light (Grades 5 & 6) 24.5%
Unknown 4.0%

Note: “Hearing” in the above chart includes functional disabilities in voice and speech equilibrium.
Source:　Ministry of Labour, “The Survey on the Actual Employment Situation of Disabled Persons”, 1998.

3. Employment Situation of Disabled Persons
Actual Employment Rate of Disabled Persons: 1.49% (legal quota rate: 1.8%)
The “Law for Employment Promotion, etc. of the Disabled” introduces the “quota rate system for employing physically disabled persons”, providing that the employers in the private sector who employ 56 regular employees (the number of employees equivalent to the exclusion rate is deducted from the total number of employees) or more shall employ disabled persons (physically disabled persons and/or intellectually disabled persons) at a rate of 1.8% or more of the total number of their regular employees. (The Law was revised and enforced on July 1, 1998)
According to the survey conducted on June 1, 1999, the actual employment rate of physically and intellectually disabled persons was 1.49%
Part-time workers with severe disabilities are counted as one person in the number to calculate an employment rate. The double count system (one severely disabled employee is deemed equal to two disabled employees) can be applied to severely physically disabled persons and severely intellectually disabled persons.

Employment Situation of Disabled Persons in Private Enterprises by Size

(0): No. of Employees
(1): No. of enterprises
(2): No. of Regular Employees
A : No. of Disabled Employees - Severely Disabled (regular employees)
B : No. of Disabled Employees - Disabled (other than A.)
C : No. of Disabled Employees - Total=A x 2 + B
(3): Actual Employment Rate = C/(2) x 100
(4): Ratio of Enterprises Having not Satisfied the Employment Quota


(0) (1) (2) A B C (3) (4) from left to right:
 ----------------------------------
56-99      21,760    1,602,628   6,442   14,731   27,615     1.72     51.0
            <17,849> <1,372,195>                     <22,973>  <1.67> <47.2>
            (16,683)   (1,302,195)                      (24,176)   (1.86)   (47.1)

100-299   27,928   4,088,723   13,229  31,008   57,466     1.41     53.4
             (27,543) (4,081,146)                       (59,203)   (1.45)   (47.3)

300-499    5,291   1,793,180     6,201  12,544   24,946     1.39     62.0
              (5,363) (1,824,880)                        (24,921)   (1.37)   (56.9)

500-999    3,530   2,158,879     8,112  14,810   31,034    1.44      70.2
              (3,570) (2,186,662)                        (30,155)  (1.38)    (61.7)

1000-       2,604   7,465,563    31,382  50,737  113,501   1.52      77.0
              (2,632) (7,613,527)                       (112,988) (1.48)    (65.8)

Total       61,113   17,108,973  65,366 123,830  254,562   1.49      55.3
           <57,202> <16,878,540>                    <249,920><1.48>   <49.7>
            (55,791)  (17,008,306)                     (251,443) (1.48)    (49.9)


Note:1. The “No. of Regular Employees” means the number of employees to be a basis for calculating the number of legal employment rate of disabled persons, deducting the number equivalent to that for exclusion rate (the number of employees obtained by multiplying the ratio prescribed for the business categories which have a considerably high ratio of such kind of jobs as considered to be hard for physically and intellectually disabled persons to perform) from the total of regular employees.
2. “Severely Disabled (regular)” in column A. does not include the number of part-time workers. “Disabled (other than A.)” in column B. includes the number of part-time workers who are severely disabled.
3. The “No. of Disabled Employees” is the total number of physically and
intellectually disabled persons. According to the law, one “Severely Disabled” person (severely physically of severely intellectually disabled person) in column A. is counted as two persons, that is, counted double.
4. The figures in < > are those in the case that number of Employees are supposed to be 63 or more.
5. The figures in ( ) are as of June 1, 1998
6. The employment quota of private enterprises is 1.6% of June 30, 1998.
Source: Statistics by the Employment Security Bureau, Ministry of Labour


4. Disabled Persons Waiting for Employment
In the fiscal year 1999, about 76,000 new applications for jobs were submitted by disabled people to Public Employment Security Offices throughout Japan. While some 26,000 of these new applicants found employment, about 126,000 were still seeking jobs as of the end of March, 2000.


Number of disabled Persons Registered at Public Employment Security Offices

      Total of Registrations/Effective Job Seekers/Employed/Ineligible
 
March, 1970       95,279    9,568     80,809    4,902

March, 1978     230,158   29,842   188,949  11,367

March, 1979     247,480   32,917   202,428  12,135

March, 1980     254,677   29,573   213,723  11,381

March, 1981     273,193   32,528   228,396  12,269

March, 1982     291,570   36,725   242,450  12,395

March, 1983     309,960   42,485   253,209  14,266

March, 1984     324,994   45,843   263,936  15,215

March, 1985     333,053   46,722   270,873  15,408

March, 1986     342,179   47,824   277,570  16,785

March, 1987     350,011   51,128   281,894  16,989

March, 1988     347,225   46,763   285,077  15,385

March, 1989     340,908   47,402   279,429  14,077

March, 1990     336,601   55,880   266,527  14,194

March, 1991     341,876   54,276   272,101  15,499

March, 1992     353,814   54,356   283,445  16,013

March, 1993     369,623   61,184   291,714  16,725

March, 1994     386,533   71,157   297,045  18,331

March, 1995     401,955   79,939   301,885  20,131

March, 1996     414,735   88,030   305,239  21,466

March, 1997     426,109   95,515   307,643  22,951

March, 1998     436,533  102,715   308,161  25,657

March, 1999     450,470  115,848   306,321  28,301

March, 2000     461,805  126,254   304,987  30,567

Note: “Effective Job Seekers” are those willing to work but do not have Job opportunities.
“Ineligible” represents those who are ineligible for referral because of diseases, etc.


Breakdown of Effective Job Seekers by Part of Disability:

Total: 126,254

Physically Disabled Person (sub-total) 93,492 (100%)

Visual (7,040) (7.5%)
Hearing & Speech (15,476) (16.6%)
Upper Limbs (20,657) (22.1%)
Lower Limbs (25,541) (27.3%)
Trunk (5,447) (5.8%)
Motor Function from Brain Damage (2,328) (2.5%)
Internal (17,003) (18.2%)

Intellectually Disabled Persons 24,221
Mentally Disabled Persons 8,040
Others 501

Provision of Vocational Rehabilitation Services

1. Public Employment Security Office
A Public Employment Security Office registers the application of disabled persons who seek employment and provides applicants with such comprehensive services as vocational guidance and job referral given by its special officials, vocational counselors, etc., taking into account the kind and degree of disability.
2. Vocational Rehabilitation Centers for the Disabled
To facilitate the vocational independence of disabled persons, the National Institute of Vocational Rehabilitation, Large Region Vocational Centers for the Disabled, and Local Vocational Centers for the Disabled have been established. The outline of those Centers are as follows:
O National Institute of Vocational Rehabilitation (NIVR)
NIVR is conducting research and surveys on vocational rehabilitation and provides training of experts engaging in vocational rehabilitation, as well as offering high-quality and advanced vocational rehabilitation services, including work preparation training and vocational courses for disabled persons. It is also engaged in operation and maintenance of the facilities, planning and adjustment of services, and guidance for Large Region Vocational Centers for the Disabled. NIVR is located at Mihama-ku, Chiba-shi.
O Large Region Vocational Centers for Disabled
These Centers are systematically providing vocational rehabilitation services, including vocational evaluation, vocational guidance, and vocational training of disabled persons in the large region of the country through cooperation with Vocational Ability Development Centers for the Disabled and medical institutions. Nationwide coverage is offered by National Vocational Rehabilitation Center for the Disabled (Tokorozawa-shi, Saitamaken), Kibil-Kogen Rehabilitation Center (Kayo-cho, Jobo-gun, Okayama-ken), and National Vocational Rehabilitation Center for the Spinal Cord Injured (Iizuka-shi, Fukuoka-ken).
O Local Vocational Centers for the Disabled
With one center located in every prefecture serving as the nucleus of local rehabilitation services, the Centers offer the specific services closely matched to the kind and degree of disability to disabled persons including vocational evaluation, vocational guidance, work preparation training, supportive programs for on-the-job training and vocational courses in close cooperation with Public Employment Security Offices. The Centers also provide employers with vocational consultations and advice concerning employment management. Furthermore, the Centers are extending assistance and guidance to Employment Support Centers for Disabled Persons.
Those centers in Hokkaido, Tokyo, Aichi, Osaka, and Fukuoka have their respective chapters.
3. Employment Support Centers for Disabled Persons
These centers offer comprehensive consultation and support from work preparation training to job referral and settling down in the workplace to disabled persons, including these working at sheltered workshops and other welfare facilities who need a continuous support to achieve their vocational independence. These services are provided in cooperation with the municipal sectors in charge of welfare and employment.
According to the Law, the prefectural governor may designate one judicial person under Civil Law or social welfare corporation as a single body to render said services in each municipality (or one body in two or more municipalities designated by the prefectural governor, as the case may be).

Obligation to Employ Physically Disabled Persons or Intellectually Disabled Persons
1. Employment quota system for disabled persons
(1) All employers must employ the legally required number or more of physically of intellectually disabled persons as regular employees. The number is calculated as outlined below, based on the quota rate of disabled persons.

It should be noted that this legally required number of disabled employees is calculated on the basis of the total number of employees, i.e. the sum of employees at all places of operations of a single business enterprise.

Legally Required Number of Disabled Employees
= Total number of regular employees of an enterprise
   x  Quota rate of disabled persons

Notes: 1. For enterprises engaged in a specific type of business, a certain number of employees may be deducted from the total number of employees using the exclusion rate described later.
2. The quota rate of disabled persons is 1.8%.
3. Fractions less than 1 person are to be rounded down.
4. A part-time worker with severe physical disabilities, and a part-time worker with severe intellectual disabilities (hereinafter called the “part-time worker with severe disabilities”) may be counted as on disabled employee.
The “part-time worker” is the person regularly employed at a place of operation of an enterprise whose regular working hours in a week are less than those of regular employees in the same enterprise, and 20 hours or more but less than 30 hours.

2. Exclusion rate system
For enterprises engaged in specific type of business, the number of employees calculated at the specific rate (exclusion rate) will be deducted from the number of regular employees and the balance will be used as the basis of the calculation of the legally required number of disabled employees. However, this exclusion rate does not apply to the calculation of levies and grants for disabled persons.
(1) The exclusion rate is applied to each place of operation.
(2) The term “place of operation” refers to a place or a facility, such as main office, branch, factory, mine, or office where unified and systematic managerial activities are conducted under an independent organization at a certain place.
Those located on the same premises should in principle, therefore, be considered as a single place of operation, while those located in different premises should in principle be considered as separate places of operations.
(3) Refer to the table on Page 77 for the types of businesses and the corresponding exclusion rates established.

3. Special subsidiary system
Compliance with the quota for employment of disabled persons is, in principle, mandatory for individual employers. However, if an employer forms a subsidiary that gives special consideration to the employment of disabled persons, such workers at the subsidiary may be deemed to be those employed by the parent company under certain requirements as outlined below, under which the actual employment rate can be calculated accordingly.
(1) Requirements for parent companies
a) The parent company must own over 50% of the total number of shares issued or have made an investment exceeding 50% of the total capital of the subsidiary company
b) To have obtained the approval of the Minister of Labour (An application is to be filed to the Public Employment Security Office).
(2) Requirements for subsidiary companies
a) The subsidiary must have a close relationship with the parent company in terms of human resources in the principal field business of the company, specifically, a close personnel exchange, such as the dispatch of directors and the temporary transfer of employees from the parent company.
b) The subsidiary must employ five or more disabled persons. The percentage of disabled persons to total employees should be not less than 20% and the total of severely physically disabled persons and intellectually disabled persons should account for not less than 320% of the disabled employees.
c) The subsidiary should have the capacity to manage the employment of disabled persons. Specifically, the company should improve-facilities for the benefit of disabled persona, assign full-time instructors, etc.
d) The company is deemed to be sufficiently able to promote the employment of disabled persons and their vocational stability.

4. Report on the employment situation of disabled persons
Employers are required to submit a report on the employment situation of their physically and intellectually disabled employees once a year.
(1) Employers who are required to report annually are those employing 56 or more regular employees (after the deduction of the number of employees given by the exclusion rate), which means those that are legally required to employ on or more disabled employees.
(2) This report should be made in accordance with the prescribed form regarding the following items covering the entire enterprise as well as each place of operation.
a) Total number of regular employees
b) Number of employees used as the basis for calculating the legally required number of disabled employees
c) Number of regular employees with physical disabilities
d) Number of severely physically disabled employees included in c) above
e) Number of regular employees with intellectual disabilities
f) Number of severely intellectually disabled employees included in e) above
g) Number of part-time workers with severe physical disabilities
h) Number of part-time workers with severe intellectual disabilities
(3) The report as of June 1 of each year should be submitted by July 15 of the same year to the chief of the Public Employment Security Office under whose Jurisdiction the main office (or headquarters) of the enterprise is located.

5. Plan for hiring disabled persons
Employers who have not attained the required employment rate may be given an order from the chief of the Public Employment Security Office to prepare “A Plan for Hiring Disabled Persons.”

A penalty (a fine of up to 200,000 yen) is imposed on those not complying with this order.
(1) The maximum period of the plan is given as three years: a plan should be made so that the employment rate will be achieved within this period.
(2) The plan should include the items given below and should be prepared such that the contents of these items may be clarified by each place of operation where employment of disabled persons is planned.
a) Date of start and completion of the plan
b) The total number of regular workers planned to be employed during the specified period, clarifying the number of physically and intellectually disabled workers therein and the number of part-time workers with severe physical and intellectual disabilities planned to be employed
c) The name and address of each place of operation where regular employees with physical and intellectual disabilities, part-time employees with severe physical and intellectual disabilities are planned to be employed, together with the number of regular workers to be employed broken down by employees with physical and intellectual disabilities as well as the number of part-time employees with severe physical and intellectual disabilities planned to be employed by each place of operation
d) The total number of regular workers expected at the completion of the plan, clarifying the number of workers with physical and intellectual disabilities included therein, together with the number of part-time workers with severe physical and intellectual disabilities expected then
(3) Employers should submit their plan without delay to the chief of the Public Employment Security Office under whose jurisdiction the main office (or headquarters) is located.
(4) Modifications of the plan may be recommended if the contents of the submitted plan are deemed to be inappropriate.
(5) The proper execution of the plan may be advised if the employer is neglectful in the execution of the plan.
(6) Employers must submit a report on the progress of the plan as of June 1 by July 15 every year during the planned period, and on the final situation concerning items b) to d) of (2) above within 45 days after the completion of the plan to the chief of the Public Employment Security Office under whose jurisdiction the main office (or headquarters) is located.

6. Publication
When employers fail to follow the recommendation concerning the modifications of the plan as described in (4) above, or the proper execution of the plan as described in (5) above, the Minister of Labour may make that fact open to the public.

Levy and Grant System for Employing Disabled Persons
The Levy and grant System for Employing Disabled Persons is intended to improve the general level of the employment of disabled persons by collecting levies from those enterprises failing to satisfy the quota rate and alleviating the economical burden of those enterprises employing many disabled persons to adjust the imbalance of the economic burden accompanying the employment of disabled persons, considering the necessary cost for remodeling of the workplace facilities, the improvement of workplace environment, special employment management, and skill development.

The Levy is not a fine, and is treated either as an expense or loss for taxation purposes. However, it should be noted that the employer is not exempted from the obligation to employ the legally prescribed number of disabled persons even if he has paid the levy.

Mentally disabled persons who are in stable condition to work (those who are suffering from schizophrenia, manic-depressive disorders, or epilepsy, or who have an identification booklet for mentally disabled persons under the provision of Article 45-2 of the Law concerning the Mental Health and the Welfare of Mentally Disabled Persons and have been introduced by the Public Employment Security Office, or those who have received the social adaptation training for mentally disabled persons under the provision of Article 50-4 of the said Law) are covered regarding the payment of the grants under the Levy and Grant System.

1. Collection of levies
In principle, employers are required to pay the levy based on the legally required number of disabled employees. However, the amount of levy will be deducted in proportion to the number of physically and intellectually disabled persons (including part-time workers with severe disabilities). As a result, employers who are required to pay the levy will be those failing to employ the legally required number of physically or intellectually disabled employees or, in other words, those who have failed to satisfy the employment quota.
Note that employers who have 300 regular employees or less will not be assessed levies for the time being.
(1) Employers required to pay the levy
Employers are required to pay the levy if the number of a. below is less than that of b. below.
a. The cumulative number, in the fiscal year, of regular workers with physical or intellectual disabilities per month (one worker with severe physical or intellectual disabilities is doubled counted) actually employed as of the first day of each month. In this case, each part-time worker with severe physical disabilities counts as one.
b. The cumulative number, in the fiscal year, of the legally required number of disabled employees as of the first day of each month.
Notes: 1.Each fiscal year starts on April 1 and ends on March 31 of the following year.
2. “The first day of each month” can be replaced by the closing day of the payroll each month. In the case that two or more closing days exist in one month, the closing day nearest to the first day of a month will be applied.
(2) Amount of levy for employing disabled persons
The amount of levy is calculated by the following formula:
Amount of levy
= {(Figure given by (1) b) - Figure given by (1) a)} x 50,000 yen
(3) Levy payment procedure
a. Employers employing more than 3000 regular employees for the duration of five months or more should submit a declaration of the levy during the period from April 1 through May 15 each year, having paid the levy due at the same time.
b. Employers should submit a declaration of levy using prescribed form to the Japan Association for employment of the Disabled (via the Prefectural Association for Employment of the Disabled, Employment Development Association or Comprehensive Employment Promotion Association).

2. Employment adjustment allowance and rewards
(1) Payment of adjustment allowance for employing disabled persons
Those employers who are to submit a declaration of levy for employing disabled persons and have been employing more physically or intellectually disabled persons (including part-time workers with severe physical or intellectual disabilities) than the legally required quota, will be paid 25,000 yen per person per month for the number of physically or intellectually disabled persons in excess of the quota.
(2) Payment of rewards
Employers with 300 or fewer regular workers employing more physically or intellectually disabled persons (including part-time workers with severe disabilities) than a fixed number (the cumulative number, in the fiscal year, of 4% of regular workers per month or 72 persons (6 person x 12 months), whichever is greater) will be paid 17,000 yen per person per month for the number of physically or intellectually disabled persons in excess of the said fixed number.
a. Employers who seek to receive the payment of Adjustment Allowance /Rewards must apply during the period from April 1 to September 30 every year.
b. Application for payment of the Adjustment Allowance/Rewards is made by submitting specified forms to the Japan Association for Employment of the Disabled (via the Prefectural Association for Employment of the Disabled, Employment Development Association or Comprehensive Employment Promotion Association).
Note: The “part-time worker” is the person regularly employed at a place of operation of an enterprise whose regular working hours in week are less than those of regular employees in the same enterprise, and 20 hours or more but less than 30 hours.

Grants under the Levy and Grant System for Employing Disabled Persons
There is a grant system instituted under which various grants are provided for employers to help offset the expenses incurred by the installment or improvement of work facilities/equipment, the assignment of workplace attendants, etc. (Refer to page 38.)

Grants for Continued Employment of Disabled Persons
There is also a grant system instituted under which grants are provided for employers who take such measures as installment or improvement of work facilities/equipment and job adaptation measures for the continued employment of regular employees who have become disabled due to work-related accidents, traffic accidents, diseases and other causes after entering employment to help offset the expenses incurred by such measures. (Refer to page 39.)

Miscellaneous
1. Employment Promotion Staff for Disabled Persons
Places of operation with over 56 employees are encouraged to appoint a employment promotion staff for disabled persons.
The promotion staff is required to perform the following duties:
(1) To coordinate in installing/improving the facilities/equipment, or meeting other requirements necessary to promote and continue the employment of disabled persons;
(2) To prepare reports on the employment situation of disabled persons to be submitted to the Minister of Labour;
(3) To notify dismissal of disabled workers to the Public Employment Security Office;
(4) To coordinate with government agencies when the employer has received an order to prepare and submit a plan for hiring disabled persons, etc.
2. Vocational Life Consultant for Disabled Persons
Enterprises employing five or more disabled persons should appoint a vocational life consultant for disabled persons (hereinafter referred to as “Consultant”) who is to conduct consultations and guidance on the overall vocational life of these employees.
The disabled person in the paragraph above refers to regular workers with physical or intellectual disabilities (including part-time workers with severe disabilities) and workers with mental disabilities who have completed job adaptation training and continue to be employed by the employer who has been entrusted with the said training.
(1) When five or more disabled persons are employed, a Consultant should be appointed within three months of the effective date of employment.
(2) When such a Consultant has been appointed, notification should be given without delay to the Public Employment Security Office under whose jurisdiction the place of operation is located, describing the following items.
i) Name of the Consultant
ii) Evidence of the Consultant’s qualifications
iii) Number of total regular employees at the place of operation and the number of disabled persons included in this figure together with the number of part-time workers with severe disabilities
3. Notification of dismissal
(1) When an employer is going to dismiss a disabled employee, the employer is required to give notice of the dismissal to the Public Employment Security Office under whose jurisdiction the place of operation is located to facilitate the early re-employment of the employee. Notification is not necessary, however, if the said disabled employee is dismissed due to his/her own fault or if the continued operation of the business becomes impossible due to natural disaster, or other unavoidable circumstances.
(2) Notification should be made in writing including the following items to the Public Employment Security Office under whose jurisdiction the place of operation is located.
a. Name, sex, age, and address of the disabled worker to be dismissed
b. Type of work in which the worker has been engaged
c. Date of and reason for dismissal


STATISTICS OF EMPLOYMENT SITUATION OF PERSONS WITH DISABILITIES IN 1993 18

According to the Ministry of Labor survey in 1993,19 404,000 disabled persons (consisting of 344,000 physically disabled persons and 60,000 intellectually disabled persons) were regularly employed at business establishments with five or more employees.
Over the decade from 1983 to 1993, the number of physically disabled in the work force increased 9.5 percent. Moreover, the number of persons with intellectual disabilities in full-time employment jumped 68.8 percent.

(Figure 1) Employment of Persons with Disabilities in Competitive Labour Market by Age Group

                      Non-disabled    Mentally Disabled     Physically Disabled
                     ------------   ---------------    ----------------

Under 19               3.2 %                 11.5 %                       0.8 %
20 - 24                15.6                   33.2                          3.8
25 - 29                13.5                   14.3                          6.0
30 - 34                10.6                   11.6                          6.5
35 - 39                10.6                   12.2                          9.4
40 - 44                13.6                     5.7                        13.5
45 - 49                11.1                     5.7                        14.4
50 - 54                10.1                     3.0                        17.8
55 - 59                 7.3                     1.0                         15.2
60 - 64                 2.6                     0.5                          8.5
Over 65                1.3                     0.0                          4.1

Source: Ministry of Labour, The Survey on the Actual Employment Situation of Physically Disabled Persons, 1993

Persons with Physical Disabilities
According to the same survey, when we look at a breakdown of the physically disabled, those with orthopedic disabilities formed the largest group (202,000) and account for about 58.7 percent of 344,000 employees who are physically disabled, followed by those with hearing and speaking impairments (16.8%), those with internal disorders (15.1%), and those with visual impairments. By size of business establishment, 34.9 percent of the physically disabled were employed by small business with less than thirty employees (Figure 2). In 1983, 45.9 percent of the disabled were employed by those firms. Accordingly, there has been some shift in their employment to larger firms with over thirty employees. About half of the orthopedic disability involved a functional disability of one or both of the lower limbs.
In terms of age, 59.8 percent of the physically disabled who were regularly employed were over 45 years of age (Figure 1). Compared with the non-disabled work force, this is concentrated at upper end of the age continuum.


(Figure 2) Employment of Persons with Disabilities in Competitive Labour Market by Size of Business Establishment

                             Physically Disabled  Mentally Disabled  Non-disabled
                             ---------------   ---------------  -----------

    5 - 29 employees           34.9 %                 49.5 %              41.3 %
   30 - 99                         27.9                    34.3                 26.6
100 - 499                         25.0                    13.9                 20.7
500 - 999                           5.2                     1.3                  4.7
Over 1,000                         7.0                     1.0                   6.7

Source: Ministry of Labour, The Survey on the Actual Employment Situation of Physically Disabled Persons, 1993


Vocational Rehabilitation System

Overview
Agencies and facilities for vocational rehabilitation are established and operated in Japan by the national government, by local governments and by special organizations founded under the relevant laws (such as the Employment Promotion Corporation and the Japan Association for the Employment of the Disabled). There are also facilities established and run by organizations and business enterprises in the private sector. Figure 3 shows the major types of agencies and facilities for rehabilitation.


(Figure 3) Major Facilities related to Vocational Rehabilitation

-Ministry of Labour
l   l
l   l-(Prefectures)
l   l      l-Public Employment Security Offices (479)
l   l      l-Vocational Training Centers for the Non-disabled (prefecturally     l   l      l  established) (270)
l   l      l-Vocational Training Centers for the Disabled (prefecturally            l   l      l  established) (6)
l   l      l-Vocational Training Centers for the Disabled (nationally established l   l         and prefecturally managed) (11)
l   l
l   l-Employment Promotion Projects Corporation
l   l      l-Skill Development Centers (67)
l   l      l-Cultural centers for disabled workers (33)
l   l      l-Sports facilities for disabled workers (34)
l   l
l   l-Japan Associations for Employment of the Disabled
l   l      l-National Institute of Vocational Rehabilitation (1)
l   l      l-Large Region Vocational Centers for the Disabled (3)
l   l      l-Local Vocational Centers for the Disabled (47+5 branch centers)
l   l      l-Vocational training centers for the disabled (2)
l   l
l   l-Labour Welfare Projects Corporation
l          l-Workmen's Compensation Hospitals (39)
l          l-Health examination centers (11)
l          l-Worker's compensation rehabilitation workshops (8)
l
l-Ministry of Health and Welfare
l   l
l   l-(Prefectures)
l          l-Social welfare offices
l          l-Rehabilitation counselling centers
l          l-Rehabilitation facilities
l
l-Ministry of Education
    l
    l-(Prefectures)
           l-Special schools for the blind, schools for the deaf, other types of
              special schools

Note 1) The figures in parentheses show the number of facilities established as of 1991.
2) Vocational Training Centers for the Non-disabled and Vocational Training Centers for the Disabled will be renamed "Vocational skills development schools" and "Vocational skills development schools for the disabled" respectively from April 1, 1993 in compliance with revision of the Human Resources Development Promotion Law. However, for the purposes of this
materials, we are using the existing older designations.


Vocational Centers for the Disabled
According to the Law for Employment Promotion, etc. of the Disabled, the Japan Association for the Employment of the Disabled (JAED) was established, and JAED itself has mission to establish and operate vocational rehabilitation centers for the disabled: a National Institute of Vocational Rehabilitation (NIVR); the Large Region Vocational Centers for the Disabled; and Local Vocational Centers for the Disabled.

Public Employment Security Offices (PESO)
These offices are established by the national government to provide job referrals and placements for all job seekers. One of their top priorities is the promotion of hiring for disabled persons who find it relatively more difficult to obtain employment. Each office has special staff for the disabled and offers a broad range of related services from finding employers willing to hire persons with disabilities, vocational guidance, employment referrals, employer guidance, and guidance on achieving hiring quotas for the disabled.
(More details of PESO have also been described previously.)

Referral and Placement Registration System
Public employment security offices have established a referral and placement registration system for disabled job seekers. Based upon the information on a registration card, careful counseling and selective placement services are provided.
In 1996, 295,946 physically disabled persons were eligible for services under the quota system established by law (type 1 registrant). Type 2 registrants were other disabled persons (118,789 persons), most of whom were mentally retarded (110,062 persons). A total of 414,735 persons were registered in one category or another, and most found employment (305,239 persons). The number of active job seekers listed was 88,030.

Vocational Training and Skills Development
Training for disabled persons is provided mainly by the vocational training centers for the disabled established by the national and prefectural governments. However, some training is provided by the vocational training centers for the non-disabled. Most of the trainees are physically disabled, but some efforts are being made to establish and to upgrade the provisions for the mentally retarded.
Various other programs for upgrading vocational abilities include (i) the work place adaptation training offered by private businesses on consignment for prefectures, and (ii) the skills development maintaining programs provided by private organizations with subsidies from a public grant system.
In addition to the programs just described, many welfare and protective facilities, hospitals and rehabilitation facilities under the supervision of the Ministry of Health and Welfare provide different kinds of training that influence vocational ability directly and indirectly. Education and guidance related to vocational pursuit are also offered by school education system under the name of "special education."

Special Provisions for the Severely Disabled
Special provisions are provided to promote the employment of severely disabled persons. When a business enterprise employs a physically disabled person whose disability is more severe than the criteria set by law, it can count such an employee as two disabled persons when computing its employment of the disabled. The same applies when a severely mentally retarded person is employed. Because some severely disabled persons cannot work a full schedule, the Law allows such persons working a short week (i.e., between 22 and 33 hours per week) to be counted in the employer's number of disabled whom it fully employs.

Employment Rate
Figure 4 shows that disabled persons accounted for 1.09 percent of all employees in private firms in 1977 when the employment quota system was introduced. The percentage has gradually climbed since then, rising to 1.32 percent in 1989, to 1.36 percent in 1992, and to 1.47 percent in 1997.
By firm size, the proportion of disabled employees has always been highest in firms with 63-99 employees. However after reaching 2.11 percent in 1993, the proportion declined gradually and stood at 1.91 percent in 1997. For large firms with more than 1,000 employees the proportion has increased gradually over time and stood at 1.46 percent in 1997.

The Contribution of Public Policy to the Employment of Disabled Persons
Japanese firms are steadily coming to employ persons with disabilities. This is due to the vocational rehabilitation system. The system of employment quotas as stipulated by the law is obviously playing a significant role in promoting employment of the disabled.
One reason for this is the further accumulation of know-how involving employment management. Japanese enterprises, when obliged to employ disabled persons, do not do so only on the basis of their individual abilities to do jobs. When employing disabled persons, Japanese enterprises do not base this only on an individual's ability to do jobs. Characteristically, they seek to flexibly manage employment by re-planning jobs in response to the specific needs of the disabled. They create new jobs and also have long-term in-house training programs. The system of employment quotas functions to further encourage firms in their efforts.
The fact that a high employment rate is maintained particularly at enterprises with 300 or fewer employees clearly shows that lack of young labor has encouraged them to hire the disabled and also that being small in size has enabled them to implement employment management with sufficient care for the characteristics of disabled individuals. The recent rising employment rate for large enterprises also reflects accumulated know-how involving employment management in which they take into consideration individuals' characteristics.
The Law was revised in 1997 to further promote the employment of the disabled. There were several major revisions. One was to include the mentally retarded in calculating the employment rate. Accordingly public employers and private companies must now attain employment rates of 2.1 and 1.8 percent respectively without any distinction being made between the physically disabled and the mentally retarded. The second change was to make the mentally retarded persons who work short hours eligible for subsidies.
In the future, employment policy for the disabled will focus on substantiating the support systems in order to shift such persons from welfare employment to general employment and vice versa as necessary. While encouraging employment of disabled persons at large companies, plans are to remove the exclusions in a phased manner. In order to assist mentally disabled persons to work in a manner equivalent to other disabled persons, it is vital (i) to have a better understanding of the actual numbers likely to be involved and (ii) to accumulate know-how regarding the kinds of education, training programs and in-house employment practices which will best facilitate their employment.
　

Fig. 4 Trend in Actual Employment Rates of the Disabled at Private Companies, by Company Size

1 in circle     : with 63 ~ 99 employees
2                : 100 ~ 299
3                : 300 ~ 499
4                : All
5                : 500 ~ 999
6                : with more than 1,000 employees

　

Note: The number of disabled persons was calculated from the total
Number of those listed below.

      ~1982 Physically disabled persons (heavily physically disabled
               persons are double-counted)

1983~1992 Physically disabled persons (heavily physically disabled
               persons are double-counted)
               Mentally retarded persons

1993~       Physically disabled persons (heavily physically disabled
               persons are double-counted)
               Mentally retarded persons (heavily mentally retarded
               persons are double-counted)
               Heavily physically disabled persons who work short hours
               Heavily mentally retarded persons who work short hours

Source: Ministry of Labor, (Shintai Shogaisha oyobi Seishin Hakujakusha
no koyou no Genjo) 1997

　

SERVICES PROVIDED BY JAPAN ASSOCIATION OF EMPLOYMENT OF DISABLED PERSONS (JAED) 20


EMPLOYER SUPPORT CONCERNING EMPLOYMENT OF DISABLED PERSONS

PROMOTION OF VOCATIONAL REHABILITATION SERVICES
In order to implement the various services to support the employment of disabled persons in a comprehensive and effective way, the association promotes vocational rehabilitation services based on the various local needs. It does so by systematic coordination between local vocational centers for persons with disabilities and large region vocational rehabilitation centers, with the support of the National Institute of Vocational Rehabilitation, which functions as the core facility.

LOCAL VOCATIONAL CENTERS FOR PERSONS WITH DISABILITIES
Located in each of the country's 47 prefectures, these centers form the core of the local vocational rehabilitation network, working in close contact with bodies such as Public Employment Security Offices to provide vocational rehabilitation services closely related to local needs. In addition, regional chapters have been set up in Hokkaido, Tokyo, Aichi, Osaka and Fukuoka.
These facilities are provided with vocational counselors who conduct a wide range of services for disabled persons: vocational evaluation, vocational guidance, work preparation training, vocational courses, vocational independence support programs for mentally disabled persons using local employment support networks, workplace adaptation guidance, evaluations of intellectually disabled and severely intellectually disabled persons for use in implementing employment measures.
For employers, in coordination with the prefectural associations for employment of persons with disabilities, the centers conduct support services which begins from the time when employers accept disabled workers to the time after employment takes place, including employment management support.
In addition, a support program using job coaches to help both persons with disabilities and their employers has been implemented. Comprehensive training and study courses for these job coaches are also conducted in cooperation with the National Institute of Vocational Rehabilitation.

1. Vocational Counseling, Guidance and Support to Employers
For the promotion of the employment of disabled persons and the maintenance of their jobs, it is necessary to provide advice and support to employers from a professional standpoint.
For this purpose, the association has assigned employment advisers, employment guidance officers, etc. to prefectural associations for employment of persons with disabilities which have been commissioned to perform certain tasks so as to provide services such as counseling for employing disabled persons, a follow-up service to enterprises receiving grants, and establishing teams to help disabled persons settle down in their jobs.
- Employment Counseling
The association gives advice in response to the various inquiries of employers, including those from enterprises which are trying to employ disabled persons for the first time, as well as those concerned with how to help such persons settle down in their jobs.
- Follow-up Services to Enterprises Receiving Grants
Advice and support are provided to enterprises, etc. to which grants have been given, so as to ensure that the grants are used appropriately for the promotion of the employment of disabled persons, thus contributing to their employment stability.
- Setting up Teams to Help Disabled Persons Settle Down in Their Jobs
For enterprises employing five or more disabled persons, various support is offered for the setting up and management of teams to help disabled persons settle down in their jobs. Such a team consists of an employer, a vocational life consultant and a representative of disabled employees.

2. Seminars for Employers
With the aim of deepening employers' understanding concerning employment of persons with disabilities and offering them various expertise regarding employment management and practical guidance in the workplace, various seminars based on local needs and characteristics are held.
Employment guidance materials in the form of guidebooks are also compiled.


3. Training Courses for the Qualification of Vocational Life Consultant for Disabled Persons
Enterprises employing five or more disabled persons are required, under the stipulations of the Law for Employment Promotion, etc. of the Disabled, to appoint a vocational life consultant for disabled persons who will offer disabled workers advice and guidance on all aspects of their vocational life. The association conducts training courses for this qualification.

4. Support Programs Based on Support Plans for Employers
Local vocational centers for persons with disabilities offer specialist advice in vocational rehabilitation in response to inquiries from employers who are considering employing disabled persons or who need advice on practical matters or problems relating to employment management for disabled persons in present employment. Systematic support is provided by drawing up an Employer Support Plan, which analyzes the individual needs of the employer in relation to the employment of disabled workers together with the relevant aspects of employment management.

5. Creation of Employment Opportunities
For employers who hesitate to hire disabled workers due to lack of knowledge or employment experience in regard to them, there is a trial employment scheme that is designed to encourage employers to tackle issues of full-time employment of persons with disabilities.
Before, after and during the 3-month period of trial employment, local vocational centers provide necessary support in close contact with Public Employment Security Offices, prefectural associations for employment of persons with disabilities and local employers' organizations.

6. Employment Management Support Programs
To facilitate Employment management of persons with disabilities, in particular for the benefit of employers who require specialist support, these programs offer the support of specialists from fields such as medicine, social education, social welfare, psychiatry, vocational ability development, engineering and employment management. These specialists work in cooperation with vocational counselors from local vocational centers and with advisors from information centers and prefectural associations for employment of persons with disabilities.

7. Information Center for the Employment of Disabled Persons
At the five information centers for the employment of disabled persons (located in Miyagi, Tokyo, Aichi, Osaka and Fukuoka), advice, support and information are provided on various problems which occur when employers proceed to employ disabled persons. In addition, the following services are provided.

8. Disabled Persons Employment Reference Service
Information on the employment of disabled persons is provided to employers from a database comprising stored information collected from all over the country concerning successful examples of disabled persons' employment and other related topics.

9. Exhibition and Lending of Technical Aids for Employment Support
Technical aids to assist in the promotion of employment for disabled persons are exhibited and can also be lent free of charge to employers and employers' organizations.

QUOTA SYSTEM

The Law for Employment Promotion, etc. of the Disabled includes a Quota System for Employment of Disabled Persons. Since July 1, 1998, enterprises where the number of regularly employed workers is 56 or over have been required to employ physically or intellectually disabled persons equivalent to 1.8% or more of the workforce.
The employment of persons with disabilities involves certain financial burdens, compared with that of persons without disabilities, such as the expense of modifying working facilities and equipment, special employment management, and so on.
As a result, an imbalance exists in the financial burden between enterprises which faithfully observe their employment obligation and those which do not. According to the Law for Employment Promotion, etc. of the Disabled, from the viewpoint of creating collective social responsibility among employers, a Levy and Grant System for Employing Disabled Persons has been established based on contributions from employers. The system aims to adjust economic burdens and promote employment of disabled persons.
The association collects levies and using them as a source of finance, makes payment of adjustment allowances, rewards and various grants.
Collection of Levies
According to the Law for Employment Promotion, etc. of the Disabled, employers are required to pay a levy of 50,000 yen per person per month for the legally required number of disabled persons, such a levy is, however, reduced for employers of physically disabled and/or intellectually disabled persons according to the number of such persons employed by them.
Thus, employers who have to pay the levy are only those who fail to employ the legally required number of disabled persons, namely, only those employers who have not satisfied the employment quota (1.8%).
Incidentally, the levy will not be collected, for the time being, from employers with 300 regular workers or less.

Payment of Adjustment Allowance for Employing Disabled Persons
Those employers with more than 300 regular workers, employing more disabled persons than the legally required employment quota (1.8%), will be paid 25,000 yen per person per month for the number of disabled workers in excess of the quota.

Payment of Rewards
Those employers of small and medium-sized enterprises with 300 regular workers or less, employing disabled persons in excess of a fixed number (equivalent to the accumulative number, in the fiscal year, of 4% of regular workers per month, or 72 persons, whichever is greater) will be paid 17,000 yen per person per month for the number of disabled workers in excess of the fixed number.

Payment of Grants
The system of paying grants has been established to assist employers in modifying the working environment or in conducting appropriate personnel management.

UTILIZATION OF GRANTS
When an employer or employers' organization recruits a disabled person, improves facilities and equipment for the purpose of maintaining the stable employment of severely disabled persons, or carries out detailed guidance for the purpose of adapting employees to the workplace environment and helping them learn job skills, the employer will often have to shoulder a considerable financial burden.
Based on the Levy and Grant System, various grants are prepared for helping employers facilitate the employment of disabled persons and maintenance of their jobs by mitigating such a burden.
* Grant for provision of workplace facilities, etc. for disabled persons
* Grant for provision of welfare facilities, etc. for disabled persons
* Grant for workplace attendants for severely disabled persons
* Grant for commuting measures for severely disabled persons
* Grant for provision of facilities, etc. in enterprises employing a large number of severely disabled persons
* Grant for skill development of disabled persons
* Grant for Employment Support Centers for Disabled Persons
Grants for Continued Employment of Disabled Persons
In addition to the grants based on the Levy and Grant System, the following grants are paid to employers who provide or modify facilities and equipment, or take appropriate measures for job adaptation in order to facilitate the return to work and continued employment of workers who have become physically or mentally disabled as the result of workplace accidents or illness.
* Grant for provision of workplace facilities, etc. for persons disabled after entering employment
* Grant for job adaptation of persons severely disabled after entering employment

APPLICATION PROCEDURE
Applications for adjustment allowances, rewards and grants for employing disabled persons and notification of payment of levies are received by Prefectural Associations for Employment of Persons with Disabilities or Employment Development Associations in each prefecture.

SURVEYS
To ensure propriety in the collection of levies related to the employment of persons with disabilities and in the payment of adjustment allowances, rewards and grants for the employment of persons with disabilities, the association's regional branch offices (Sapporo, Sendai, Tokyo, Nagoya, Osaka, Hiroshima and Fukuoka) carry out surveys on those employers who must pay levies and those who are qualified for adjustment allowances, rewards and grants.

PUBLICITY
1. Publications
The association publishes the monthly journal "Working People's Plaza (Hataraku Hiroba)" which deals with employment and disability issues, and, in particular, contains the latest reports on successful examples of workplaces where disabled persons are employed.
In addition, the association publishes and distributes guidebooks, "Promoting the Employment of Persons with Disabilities’ Employment Guide for Employers and Persons with Disabilities", and is involved in production and transmission of television programs to encourage interest and understanding among the general public in regard to the employment of persons with disabilities. Also, movie films and videos on themes such as employment management, expansion of vocational areas, settling down at work, vocational training and guidance of disabled persons, are available for hire free of charge from Information Centers for the Employment of Disabled Persons.

2. Posters
The association's PR activities include the production of posters designed to deepen general social understanding and interest concerning the employment of disabled persons and spread information about the association's various programs.
Especially, for the poster publicizing the Month for the Promotion of the Employment of Persons with Disabilities in September, the best picture(s) and/or photograph(s) are selected in a competition that is open to the public. Later there are prizes and an exhibition of the best works.

Educational Programs and Events

Every year the period between September 1 and 30 is designated as the Month for the Promotion of the Employment of Persons with Disabilities. During this period, the association, in cooperation with the Ministry of Health, Labour and Welfare, prefectural governments and prefectural associations for employment of persons with disabilities and other related organizations conducts a campaign for the promotion of employment of disabled persons with a view to fostering employment opportunities of disabled persons and supporting their vocational independence among not only employers, but also the general public.

1. National Awards
During the Month for the Promotion of the Employment of Persons with Disabilities, awards are made to companies with distinguished records in providing employment to persons with disabilities.
2. Work Fairs
In conjunction with the National Abilympics (Vocational Skills Contest for Persons with Disabilities), which is to be held in Kumamoto in 2002, a comprehensive series of promotional events are held. These events include a seminar for employers from all over the country, an exhibition introducing actual examples of the conditions in which persons with disabilities are employed and a study meeting at which specialists involved in developing the skills of persons with disabilities can get together to exchange views and information.
3. Regional Events
In each prefecture, various events to promote the employment of persons with disabilities are held. These include award ceremonies and lectures, together with events appropriate to the particular characteristics and conditions of the area, such as visits by students of special schools to workplaces, visits by employers to sheltered workshops, and discussion meetings for employers.
4. Examples of Good Practices for the Employment Promotion and Expansion of Vocational Areas
In order to promote the employment of persons with disabilities and expand their vocational areas, companies are invited to send in examples of good practices in a workplace, including innovative employment management and improvement of workplace environment, which will be published as a booklet to increase the public understanding.



VOCATIONAL REHABILITATION IN THAILAND

Situation of Persons with Disabilities in Thailand 21

Registration
A registration system was set up in accordance with the legislation of the Rehabilitation of Persons with Disabilities Act in 1991. The actual system started in 1994. In spite of a 6-year promotional campaign by the Office of the Committee of Rehabilitation for Disabled Persons (OCRDP), the number of persons with disabilities
who have registered is still quite low. As of March 2000, only 200,874 persons with disabilities have registered even though the National Statistics Office (NSO) estimates that there are 1.02 million persons with disabilities in Thailand. Obstacles preventing registration of persons with disabilities are poor accessibility to district public welfare offices and hospitals and lack of information about registration, especially in the rural areas. Furthermore, there is no common standard for doctors to diagnose persons with disabilities and decide which grade (severity of disabilities) they should belong as only persons with disabilities whose disabilities are in grade 3-5 can register.

General Concept towards Person with Disabilities
More than 90% of the Thais are Buddhist. In the teachings of Buddhism, disability is an outcome of a vice that a person had in his/her previous life. On the other hand, Buddhism teaches people to have mercy on those who are weaker or inferior to us. Due to this belief, the Thais prefer to give money to disabled beggars or to make donations to charities. Though this might be regarded as a good social characteristic
promoting the support of persons with disabilities, it can also be viewed as preventing persons with disabilities from joining society on an equal footing.
Recently, through sporting events like the games sponsored by the Far East and South Pacific Games Federation for the Disabled (FESPIC), abilities of person with disabilities have been seen and it caught a lot of public interest.

Employment
Thailand experienced a serious economic crisis in 1997. Large numbers of employees were laid off and persons with disabilities were no exception. Despite the 1994 Ministerial Regulation No.1 (see details in Laws Concerning Persons with Disabilities), the number of companies employing persons with disabilities is still quite low. Based on 1998 OCRDP data, less than 8 % of companies, which were supposed to employ persons with disabilities, had actually employed any according to the fixed ratio. This is a serious problem for persons with disabilities who need a job to earn a living, just like anyone else. NGOs active on persons with disabilities employment issues have pointed out the need for penalties for such companies in order to create more job opportunities, while OCRDP continues to encourage companies to employ persons with disabilities. Moreover, the Thai government declared the year 2002 as "Year of Vocational Promotion of Persons with Disabilities".

Living Allowances
OCRDP provides a living allowance for persons with very severe disabilities who live with low income families. As of the year 1999, only 15,000 families have received this allowance. This allowance is provided to enable persons with disabilities to live in the community with their family instead of living in remote residential homes far from their communities. But the number of poor persons with disabilities is said to be much higher than those receiving this allowance, especially in the rural areas where it is very difficult for persons with disabilities to receive education, to find appropriate jobs, or even to register.

Accessibility to Transportation
Skytrain, which runs through central Bangkok, began operation in December 1999, but among 23 stations, only 5 have elevators to platforms. Disability-related organizations have appealed to the government to set elevators in all stations, and succeeded in obtaining promise from the government to do so within 5 years. As for buses, the Bangkok Mass Transportation Authority (BMTA) had a pilot project of accessible buses for persons with disabilities. Bus Line No. 39 and 59 have buses with wheelchair lifts. However, there has been no more buses even though there is need of persons with disabilities to use public transportation. Therefore, persons with disabilities in Thailand still have difficulties in commuting to their work places.

ADMINISTRATION AND POLICY ON DISABILITY

Administration on Disability

Central Government Organizational chart of government bodies including OCRDP

CHART 1
Organizational chart of the Central Government

--------------
Cabinet
Prime Minister
--------------
l
l-Ministry of Public Health
l   l
l   l-Department of Medical Servicesl
l        l      
l        l-Institute and Specialized Hospitals
l        l
l        l-Technical Operative Organization
l        l
l        l-Sirindhorn National Medical Rehabilitation Center
l        l
l        l-General Hospitals
l
l-Ministry of Labour and Social Welfare
l   l
l   l-Department of Skill Development
l   l    l
l   l    l-Skill Development Centers
l   l
l   l-Department of Public Welfare
l        l
l        l-Office of the Committee of Rehabilitation of Disabled Persons
l        l
l        l-Residential Homes
l        l
l        l-Vocational Training Centers
l
l-Ministry of Education
   l
   l-Department of Vocational Education
   l    l
   l    l-Vocational Schools
   l
   l-Department of General Education
   l    l
   l    l-Special Education Division
   l        l
   l        l-Special Education Schools
   l        l
   l        l-Special Education Centers
   l
   l-Department of Non-formal Education


Government Body in charge of Vocational Rehabilitation of persons with disabilities in Thailand
- The Office of the Committee for Rehabilitation of Disabled Persons (OCRDP) OCRDP is under the Department of Public Welfare
It has authorities to assist, develop and rehabilitate disabled persons including the following power and duties to :

(1) coordinate and cooperate with the relevant governmental and
non-governmental organizations both within and outside the
country in the undertakings relating to rehabilitation of disabled
persons.

(2) collect and retrieve information pertaining to disabled
persons for disability prevention, treatment and rehabilitation.

(3) prepare programs relating to disability prevention, treatment
and rehabilitation of disabled persons.

(4) initiate and accelerate the promotion of activities for disabled
persons.

(5) arrange training, for personnel working in assistance, development
and rehabilitation of disabled persons, by cooperating with relevant government and non-governmental organizations.

(6) promote occupations and find employment for disabled
persons who have been rehabilitated.

(7) act as a center for technical dissemination and publicizing
activities associated with disabled persons

(8) compile analytical and research results, implement, monitor
and follow up policies and programs for assisting, developing
and rehabilitating disabled persons undertaken government
and non governmental organizations.


The office of the Committee for Rehabilitation of Disabled Persons shall be the central registration office for disabled persons in Bangkok as well as other provinces, with the Head of the Office functions as the Central Registrar. The Provincial Public Welfare Office in every province shall also be the registration office for disabled persons in other provinces.
There shall be a fund called “Fund for Rehabilitation of Disabled Persons” set up in the Office of Committee for the Rehabilitation of Disabled Persons to serve as the revolving capital for expenses incurred in the implementation and provision of assistance to disabled persons and support of the institutions providing medical, educational, social rehabilitation and vocational training; including the Center or Innovation and Education Technology and organizations concerned with disabled persons.

The Fund of Rehabilitation of Disabled Persons shall comprise the following money and properties :

(1) government grants
(2) donated money or property from the public, jurist entities or organizations, both within and outside the country, or those derived from organizing activities
(3) other income

Utilization of Fund of Rehabilitation of Disabled Persons
The Fund of Rehabilitation of Disabled Persons is used for the following categories :

- Living allowance for persons with very severe disabilities who live with low income families.
- Loan for persons with disabilities who want to start their own jobs or small business
- Financial support to projects related to persons with disabilities

Vocational Centers for Persons with Disabilities

Governmental organizations

- The office of the Committee for Rehabilitation of Disabled Persons has eight vocational centers in different parts of the country.
- The Department of Skill Development provides programs for persons with disabilities to study with people without disabilities in the centers of skill development all over the country and also provides special programs for persons with disabilities in two centers.
- Bangkok Metropolitan Administration (BMA) has eight vocational centers where persons with disabilities can receive training with people without disabilities.

There are also some private vocational centers and schools for persons with disabilities.

- The Redemptorist Vocational School for the Disabled provides courses in computer and technology.
- National Association of the Deaf in Thailand (NADT) provides the following training courses for the deaf : basic computer skills, basic knowledge in business administration, typing (English and Thai), weaving and cooking.
- Association of the Blind in Thailand provides courses in handicraft making, Thai massage, fortune telling.
- Ability Development Center for the Blind provides courses in Thai massage, handicraft making, agriculture, cooking and weaving.
- Vocational Center for Autistic Persons in Thailand provides courses in soap making, shampoo making and handicraft making

Organizations that provide services for persons with disabilities in job placement and guidance

Governmental organizations
- the Department of Job Placement
- the Department of Skill Development
- the Department of Public Welfare
- the Department of Labor Protection and Welfare
- the Office of Social Security

Non-governmental organizations
- the Redemptorist Vocational School for the Disabled has its own program in job placement and guidance for the students.
- Associations and organizations of persons with disabilities such as National Association of the Deaf in Thailand, Association of the Blind in Thailand, Association of People with Physical Disabilities in Thailand also provide information about job vacancies and/or vocational training programs as well as job-related information such as job fair organized by the Department of Job Placement. The information is disseminated through monthly newsletter of the associations, at the board of their offices, at the conferences, seminars or from member to member.



PROGRESS OF THAILAND IN DISABILITY ISSUES

The Kingdom of Thailand has placed equal opportunities for people with disabilities at the forefront of its national agenda. The Thai Constitution, adopted in 1997, guarantees the elimination of barriers to participation of people with disabilities in civil society. Specifically, the Constitution ensures voting rights, access to public facilities, freedom from discrimination and overall equal rights. On the occasion of the 50th anniversary of the Universal Declaration of Human Rights in 1998, the Prime Minister of Thailand approved and signed the Declaration on the Rights of Thai Persons with Disabilities. This Declaration further defined the rights of people with disabilities and raised national awareness.

The Rehabilitation for Disabled Persons Act of 1991 is regarded as a landmark in Thailand. For the first time the development and implementation of an Act concerning disability involved the government, private sector, academia, and people with disabilities themselves. This Act called for the establishment of the National Committee for the Rehabilitation of Disabled Persons to advise the Government on a range of disability issues.

Other significant national progress resulted from Thailand's Eighth National Economic and Social Development Plan (1997-2001) - the first such national development plan to incorporate specific strategies for persons with disabilities. This Plan promotes the rehabilitation of persons with disabilities, free medical service, integrated education at all levels, and scholarships for students with disabilities.

Government action has also resulted in greater opportunities for education and employment. The Government declared 1999 as the Year of Education for Persons with Disabilities. During the year the Government launched a public awareness campaign promoting the education of students with disabilities, and announced a new policy guaranteeing the education of persons with disabilities. In the past few years the number of children with disabilities attending school has increased dramatically, with a majority of them attending integrated schools. In 1994, the Ministry of Labour and Social Welfare issued a regulation requiring businesses with 200 or more employees to hire one person with a disability for every 200 employees. Businesses doing exemplary work in hiring people with disabilities are recognized annually by the Prime Minister on December 3, the International Day of Disabled Persons.

Another Government-led initiative includes the financial support and encouragement given to non-governmental disability organizations operating in communities. To promote the concept of independent living for person with disabilities, an Independent Living Skill Training Unit was established in 1998 at the Sirindhorn National Medical Rehabilitation Centre. At present there are sixty-four non-governmental organizations working for and/or with people with disabilities. The Government's funding commitment to these organizations has risen greatly in the past years, thus allowing for greater independence and self-determination.

On an international level, Thailand is playing a leading role. Thailand is cooperating with Japan in establishing an Asia and Pacific Development Centre on Disabilities (APCD), to be located in Thailand. In 2000, Thailand hosted both the First National Conference on Accessible Transportation and the Campaign to Promote the Asia Pacific Decade of Disabled Persons. In 1999, Thailand hosted the Seventh Far East and South Pacific Games for the Disabled.

Thailand's commitment to improving the lives of people with disabilities is an inspiration to other nations and is a source of hope for the world's six hundred million men, women, and children with disabilities

LAWS CONCERNING PEOPLE WITH DISABILITIES

COMPARISONS OF THAI AND JAPANESE LAWS

The Constitution of the Kingdom of Thailand B.E. 2540 22

Rights of persons with disabilities are guaranteed by the Constitution of the Kingdom of Thailand as stated in the following articles which are directly related to persons with disabilities in Thailand.

Article 30. All persons are equal before the law and shall enjoy
equal protection under the law.
Men and women shall enjoy equal rights.
Unjust discrimination against a person on the grounds of the
difference in origin, race, language, sex, age, physical or health condition,
personal status, economic or social standing, religious belief, education or
constitutionally political view, shall not be permitted.
Measures determined by the State in order to eliminate obstacle or to promote persons' ability to exercise their rights and liberties as other
persons shall not be deemed as unjust discrimination under paragraph three.

Article 55. The disabled or handicapped shall have the right to
receive public conveniences and other aids from the State, as provided by law.

Article 80. The State shall protect and develop children and the
youth, promote the equality between women and men, and create, reinforce and develop family integrity and the strength of communities.
The State shall provide aids to the elderly, the indigent, the disabled or handicapped and the underprivileged for their good quality of life and ability to depend on themselves.

Article 190. In considering a bill the substance of which is decided by the President of the House of Representatives to be concerned with
children, women, the elderly, the disabled or handicapped, if the House of
Representatives does not consider it by its full committee, the House of
Representatives shall appoint an ad hoc committee consisting of representatives, from private organizations concerned with the respective types of persons, of not less than one-third of the total number of members of the committee.


The Constitution of Japan 22'

The Constitution of Japan guarantees the rights of all Japanese citizens. People with disabilities are also protected under the constitution. There are some articles which are directly relevant to persons with disabilities as cited below.

Article 11. The people shall not be prevented from enjoying any of the fundamental human rights. Those fundamental human rights guaranteed to the people by this Constitution shall be conferred upon the people of this and future generations as eternal and inviolate rights. (Fundamental human rights)

Article 12. The freedoms and rights guaranteed to the people by this Constitution shall be maintained by the constant endeavor of the people, who shall refrain from any abuse of these freedoms and rights and shall always be responsible for utilizing them for the public welfare. (Prohibition of abuse of freedoms and rights)

Article 13. All of the people shall be respected as individuals. Their right to life, liberty, and the pursuit of happiness shall, to the extent that it does not interfere with the public welfare, be the supreme consideration in legislation and in other governmental affairs. (Respect of individuals)

Article 25. All people shall have the right to maintain the minimum standards of wholesome and culture living. In all spheres of life, the State shall use its endeavor for the promotion and extension of social welfare and security, and of public health. (Rights of minimum standard life)

Article 26. All people shall have the right to receive an equal education correspondent to their ability, as provided for by law. All people shall be obligated to have all boys and girls under their protection receive ordinary education as provided for by law. Such compulsory education shall be free. (Rights and obligations of education)

Article 27. All people shall have the right and the obligation to work. Standards for wages, hours, rest and other working conditions shall be fixed by law. Children shall not be exploited. (Rights and obligations of labor)


Rehabilitation of Persons with Disabilities Act B.E. 2534 (A.D.1991) 23

Main content of Rehabilitation of Persons with Disabilities Act B.E. 2534 can be categorized as follows :

Governmental office in charge of registration
Article 13. The office of the Committee for Rehabilitation of Disabled Persons under Section 12 shall be the central registration office for disabled persons in Bangkok as well as other provinces, with the Head of the Office functions as the Central Registrar. The Provincial Public Welfare Office in every province shall also be the registration office for disabled persons in the respective provinces, with the provincial Public Welfare Officer junctions as the Provincial Registrar.

Article 14. Any disabled person wishes to avail him/herself the right to assistance, development and rehabilitation under this Act shall submit an application for registration to the Central Registrar at the Office of the Committee for the Rehabilitation of Disabled persons or to the provincial Registrar at the provincial public Welfare Office in, the province of his/her domicile.

In case the disabled person is a minor, a quasi-incompetent or incompetent person, or a severely disabled to the extent that registration by him/herself is not possible, his/her guardian custodian or caretaker, as the case may be, may submit the application for registration on his/her behalf.

Services available for persons with disabilities who register
Article 15. Disabled person who has been registered in accordance with Article 14 shall be entitled to the following development and rehabilitation :

(1) Medical rehabilitation services, expenses for medical
treatment, aids and equipment for rehabilitating physical,
mental or psychological conditions or for improving capacities
as prescribed in the Ministerial Regulations

(2) Education in consonance with the vocational or university
education under the National Education Plan as considered
appropriate. Such education may be provided in the special
school or through mainstreaming in the ordinary school
whereby the Center for Innovation and Technology attached to
the Ministry of Education shall provide support as deemed
appropriate.

(3) Advice and consultation relating to occupation and
vocational training appropriate to their physical conditions and
potentialities so as to ensure their potentials to work.

(4) Entitle to participation in social activities and access to
various facilities and services essential to them.

(5)Government lawsuit services and contact with governmental organizations.

Fund for Rehabilitation of Persons with Disabilities
Article 16. There shall be a fund called “Fund for Rehabilitation of Persons with Disabilities” set up in the Office of Committee for the Rehabilitation of Disabled Persons to serve as the revolving capital for expenses incurred in the implementation and provision of assistance to disabled persons and support of the institutions providing medical, educational, social rehabilitation and vocational training; including the Center or Innovation and Education Technology and organizations concerned with disabled persons.

The Fund of Rehabilitation of Disabled Persons shall comprise the following moneys and properties

(1) government grants
(2) donated money or property from the public, jurist entities or organizations, both within and outside the country, or those derived from organizing activities
(3) other income

The monies and other properties prescribed in paragraph two shall be put into the Fund without having to be remitted to the treasury as Government revenue.
The pursuit of gain and the expanding of the Fund shall comply with the rules and regulations prescribed by the Committee with approval of the Ministry of Finance.

The main source of the Fund for Rehabilitation of Persons with Disabilities comes from employers who do not hire persons with disabilities in appropriate ratio, as stated in No. 3 of the Ministerial Regulations.

No.3 Any employer or owner of the company who has the duty to hire disabled person but preferred not to do so, must send the money to the Fund for Rehabilitation of Persons with Disabilities on an annual basis using the per year rate of half of the minimum wage of the area where the workplace is located times 365 and times the number of disabled persons the company wishes not to employ.

Part of the Fund for Rehabilitation of Persons with Disabilities is provided as loan for persons with disabilities who want to start their own business. The maximum amount of the loan is 20,000 baht (approximately 60,000 yen). Persons with disabilities are required to give the loan back by installments within 5 years with no interest.

Barrier-Free Environment
Article 17. In order to protect and assist disabled persons, the Minister shall have the power to issue the Ministerial Regulations prescribing

(1) The characteristics of the buildings, sites, vehicles or other
public services requiring installment of equipment to directly
facilitate disabled persons.

Quota System
(2) The employers or owners of private companies shall
employ disabled persons suitable to the nature or work at an
appropriate ratio with other employees.

In case any employer or owner of private company does not wish
to employ disabled persons at the ratio prescribed, he/she may
apply to contribute to the Fund as stipulated in Article 16 at the
rate specified in the Ministerial Regulations instead of employing
disabled persons.

The details of the quota system is stated in the MINISTERIAL REGULATIONS
B.E.2537 (1994)

MINISTERIAL REGULATIONS
B.E.2537 (1994)
Issued in Pursuant to The Rehabilitation of Persons with Disabilities Act
B.E.2534 (1991)
Pursuant to Section 17 and 20 of the Rehabilitation of Disabled Persons
Act B.E.2534 (1991), the Minister of Labor and Social Welfare hereby issued the following ministerial regulations.
No.1. Any private company or workplace that has more than 200
employees, the employers or owners of such companies are, to hire disabled
persons to any position in a ratio of 1 disabled person to every 200 regular
employees. For the excess of 200 persons, the company is to take 1 additional disabled employee for every 100 regular employees. Exemption is allowed only the case where there is no work suitable for disabled persons and the owner of the workplace has informed and received concurrence from the Department of Public Welfare.
The Department of Public Welfare is to define type of work disabled
persons can perform and announce in the Royal Gazette.
Any private company/workplace that does not have disabled employees
or does not have them in the ratio mentioned in No. It is subject to inform
the Department of Public Welfare by January 30th of each you. An
advertisement specifying the company’s interest to hire disabled persons
must be posted for not less, than 30 days. If there is no disabled persons apply or the Department of Public Welfare fails to send any candidate within 30 days after the Department is informed of the company’s interest, the private company or workplace is exempted from the stipulation mentioned in No. 1.

No.2   In the hiring process of disabled persons as mentioned in
paragraph 3 of No. 1, the private company/workplace, with consent from the
Department of Public Welfare, can specify characteristic of disabled persons
that will match type of work needed.

Failure to hire disabled person who either has applied for the
position or has been recommended by the Department of Public Welfare for
reason not associated with behavior or history of the impairment or type of
impairment mentioned in paragraph 1, it is considered that the private
company/workplace wishes not to employ disabled persons.

No.3   Any employer or owner of the company who has the duty to
hire disabled person but preferred not to do so, must send the money to the
Fund for Rehabilitation of Disabled Persons on an annual basis using the per
year rate of half of the minimum wage of the area where the workplace is
located times 365 and times the number of disabled persons the company
wishes not to employ.

No.4   Money sent to the Fund can either be in cash, crossed check or
postal money order. It must be sent to Office of the Committee for
Rehabilitation of Disabled Persons, Department of Public Welfare or, to the
Provincial Public Welfare Office where the company/workplace is located.

No.5   At the beginning, employer or owner of the company/ workplace
is to follow the ministerial regulations within 90 days after the Department of
Public Welfare has established type of work disabled person can perform in
pursuant to No. 1, paragraph 2. But, informing the Department of Public
Welfare pursuant to No. I paragraph 3 must be done within 30 days after the
announcement date on type of work suitable for disabled persons by the
Department of Public Welfare.

Employers’ Incentives and Tax Deduction System
Article 18. An owner of a building, site, vehicle or a service provider who provides equipment to directly facilitate disabled persons as stipulated in Article 17(l) is entitled to deduct double the expenses incurred for such purpose from the net income or net profit of the year during which those expenses were incurred, as the case may be, in accordance with the Revenue Code.

Any employer or owner of private company who employs disabled persons in accordance with Section 17(2) is entitled to deduct the wages paid to such persons as expenses specified in the Revenue Code in an amount equal to twice the amount actually paid.

Types of Disabilities and Definition of Each Type
Types of disabilities are defined in the Ministerial Regulations No. 2 B.E. 2537 (1994)

No.1 Types of disabled persons are classified as follows
(1) impairment in terms of sight
(2) impairment in terms of hearing or communication
(3) impairment in terms of physical and locomotion
(4) impairment in terms of mentality or behavior
(5) impairment in terms of intellectual or ability

No. 2 Impairment in terms of sight means :
(a) an individual whose better eye, after using regular
eyeglasses, is able to see less than 6/18 or 20/70 downward
until unable to see any light, or
(b) an individual who has a visual field of less than 30 degree

No.3 Impairment in term of hearing or communication means :
(a) an individual with hearing frequency of 500, 1000, or 2000
Hertz in a better ear under the average audibility as follows
(1) over 40 decibels up to the, point of not hearing
at all for a child of not older than 7 years of age
(2) over 55 decibels up to the point of not hearing
at all for a general person, or
(b) an individual with abnormality or malfunctioning of the
hearing system to comprehend, or use verbal language to
communicate with others.

No.4 Impairment in terms of physical or mobility
(a) a person with obvious abnormality or malfunctioning of
the physical condition which makes her/his unable to
perform daily routine activities, or
(b) a person who has lost her/his ability to move hands, arms,
legs, or body as a result of amputation, paralysis or weakness,
rheumatic disease, arthritis or chronic pain including other
chronic illnesses caused by body system dysfunction inhibiting
her/him to perform daily routine activities or maintain a
living like an ordinary person.

No.5 Impairment in terms of mentality or behavioral condition
means an individual with psychological abnormality or
malfunctioning of certain part of the brain associated with
perception, emotion and thought which causes inability for
her/him to control behavior necessary for self-care or living
with others.

No.6 Impairment in terms of intellectual or learning ability means
a person with abnormality or malfunctioning of the brain or
intelligent level which causes inability of the person to learn
through a regular educational system.

No.7 All types of disabled persons with abnormality or malfunctioning
have the right to receive benefits pursuant to the Rehabilitation of Disabled Persons Act B.E.2534 (1991) only after the person has completed regular treatment but the abnormal conditions remain unchanged.

No.8 Medical professionals from government and state enterprise
hospitals and others as announced by the Ministry of Public
Health are entitled to diagnose impairment status and issue an official document to confirm the impairment condition using the form as attached herewith.

Medical Rehabilitation Services Available for Persons with Disabilities who Register
Medical services that persons with disabilities will receive are mentioned in the Ministerial Regulations No. 3 B.E. 2537 (1994)

MINISTERIAL REGULATIONS
No.3 B.E.2537 (1994)
Issued in Pursuant to The Rehabilitation of Persons with Disabilities Act
B.E.2534 (1991)
Pursuant to Section 15 (1) and 20 of the Rehabilitation of Disabled
Persons Act B.E.2534 (1991), the Minister of Public Health hereby issued the
following ministerial regulations.

No.1 The disabled persons who have registered in pursuant
to Section 14 are entitled to receive medical rehabilitation service
as follows:
(1) Diagnostic service, laboratory inspection and other type of special
examination
(2) Counseling
(3) Medicine
(4) Surgery
(5) Medical rehabilitation and nursing care
(6) Physical therapy
(7) Occupational therapy
(8) Behavioral therapy
(9) Psychotherapy
(10)Social service and therapy
(11)Speech therapy.
(12)Audio therapy, hearing and therapy
(13)Use of equipment or supporting machine for disabled
persons

No.2 Under Regulation 5, disabled persons, who receive medical
rehabilitation service from Ministry of Public Health medical
facilities or other government facilities, -local administration facility,
or state enterprise hospitals as announced by the Ministry of
Public Health, do not have to pay for service or equipment related
to No.1 services as follows

(1) Medical service as stated in No. 1
(2) Room and food not greater than the allowed rate for the whole period of service.

No.3 In case when disabled persons receive medical rehabilitation
service according to No.2 and must use prosthesis or any
of supporting equipment, the medical facility must arrange such
needed equipment for the disabled person. If the medical facility
does not have the needed prosthesis or supporting equipment,
the medical facility can contact and request for needed equipment
from Sirindhorn National Medical Rehabilitation Center,
Department of Medical Service, Ministry of Public Health.

No.4 When the received prosthesis or requested equipment as
stated in No.3 does not function properly or needs repairment,
the medical facility according to No.2 can do the repair service
or change part of the equipment at free of charge.

No.5 In case the disabled person has already received service or
is entitled to receive medical and nursing care service from other
institution, she/he must seek the assistance from that institution
first.



The 30 Selected Japanese Laws Related to Persons with Disabilities 24

I. Basic Principles
1. Disabled Persons' Fundamental Law (1970)
Article 2 (Definition): “Disabled persons” as used in this Law means persons whose daily life or life in society is substantially limited over the long term due to a physical disability, mental retardation or mental disability.

Article 3 (Fundamental Principles): The dignity of all disabled persons shall be respected. They shall have the right to be treated accordingly. All disabled persons shall, as members of society, be provided with opportunities to fully participate in such a manner.

Article 4 (Responsibilities of the State and Local Public Entities): The State and local public bodies shall be responsible for promoting the welfare of disabled persons and for preventing disabilities.

Article 5 (Responsibilities of the Nation): The nation shall, on the basis of the principle of social solidarity, endeavor to cooperate in promoting the welfare of disabled persons.

Article 6 (Efforts to Achieve Independence): Disabled persons shall endeavor to participate actively in social and economic activities by making effective use of the abilities they possess. The family members of disabled persons shall endeavor to promote independence of disabled persons.

Article 6-2 (Disabled Persons’ Day): Disabled Persons’ Day shall be established for the purpose of raising the public awareness to the welfare of disabled persons and stimulating disabled persons’ desire to actively participate in social, economic, cultural and other areas of activity.

Article 7 (Fundamental Policies): The measures regarding the welfare of disabled persons shall be carried out according to their age and to the types and severity of disabilities.

Other laws related to persons with disabilities are listed below with summary of the content.

II. Support for Independence and Participation in Society
2. Law for the Welfare of Physically Disabled Persons (1949, Law No. 283)
The following is carried out to promote independence and participation in society of physically disabled persons.
* Issuing of physically disabled person’s handbook.
* Various counseling services.
* Grant of prosthetic appliances such as wheelchairs, canes, hearing aids and artificial limbs.
* Provision of home services such as home helper, day care service and short stay programs.
* Provision of technical aids for daily living such as bathtubs, toilet facility, beds and communication aids (e.g. talking machines and word processors.)
* Rehabilitation training.
* Provision of work opportunities.
* Provision of specialized facilities for nursing care.
* Provision of place for living.

3. Law for the Welfare of Mentally Retarded Persons (1960)
The law carries out necessary support in promoting independence and participation in society of mentally retarded persons.
- Specialized counseling provided by Social Welfare Offices and Rehabilitation Consultation Centers.
- Various training for independence.
- In house services such as home helper, day care and short stay programs, etc.
- Provision of technical aids for daily living such as electric toothbrush and special type mat, etc.
- Provision of living space such as welfare home and group home, etc.
- Provision of specialized facilities to help daily life. For instance residential facilities for rehabilitation, nonresidential facilities and so on.
Handbook for people with mental retardation is issued to enable easy access to various services. Information and consultation services are available at Social Welfare Offices (in cities and prefectures) and Counseling Centers for the Rehabilitation of the Mentally Retarded Persons as well as Section in charge of Disabled Persons in local governments. In each local government, there are counselors for mentally retarded persons appointed by the prefectural governor.
* As to the welfare service for mentally disabled persons, please see No. 7, Law concerning Mental Health and Welfare for Mentally Disabled Persons. "

4. Child Welfare Law (1947)
The law protects the human rights of all children and aims at their healthy upbringing. Services like health examination and guidance on medical educational care, medical treatment, prosthetic appliances, specialized non-residential facilities and facilities for education and care, and public assistance institutions are provided for disabled children.
Information and consultation services are available at Social Welfare Office, Child Guidance Center and Public Health Center in cities, prefectures and government ordinanced cities. Commissioned volunteer child welfare workers are stationed in municipalities

5. Law for Promotion of Research, Development and Distribution of Technical Aids and Equipments (1993)
To help everyday life and social life of disabled persons and elderly persons, the law aims to improve industrial technology, thus promoting the development and distribution of various equipments.

6. Social Welfare Services Law (1951)
The law provides the fundamentals of welfare services for proper implementation of welfare programs. Also stipulated in this law are; establishment of social welfare juridical person and the contents of its programs, as well as the qualification of services providers such as social welfare officers.

III. Health and Medical Care
7. Law concerning Mental Health and Welfare for Mentally Disabled Persons (1950)
The law provides necessary support for mentally disabled persons such as medical care and protection, promotion of social rehabilitation, and independent living and participation in society. It also aims to improve the mental health of the whole nation. The main measures are as follows:
- Establishment of Mental Health and Welfare Centers in all prefectures.
- Establishment of prefectural mental hospitals and designation of private hospitals.
- Issuing of Mentally Health and Welfare Notebook.
- Establishment of institutions for rehabilitation
(1) Daily Life Adjustment Training Facilities
(2) Sheltered Workshops
(3) Welfare Homes
(4) Welfare Industries
- Entrustment of occupational training with enterprises.
- Designation of Social Participation Promotion Centers.
- Supplement of medical fee by government funds.
Information and consultation services on the above are available at Public Health Centers and Mental Health Welfare Centers at prefectural level. Counselors for Mental Health Welfare are in all prefectures throughout the country.

8. Maternal and Child Health Law (1965)
To protect the health of mothers and infants, health examination for expectant and nursing mothers, visiting health service for newly born infants, visiting health service for premature babies, health examination for infants and medical care for premature babies are provided in this law.
* Other general laws provide rehabilitation medicine, medical treatment for disabled children and medical fee grant for disabled persons by local public body.

IV. Education
9. School Education Law (1947, Law No. 26)
The law provides education for disabled children such as general classes, special classes, non-residential classes, special schools and itinerant teaching, etc.
Special classes in regular elementary and secondary schools may be classified into classes for mental retardation, orthopedic disability, weakness, visual impairment and hearing impairment. Special Schools for Disabled Children are established for the blind, the deaf, the orthopedically disabled, the mentally retarded and the weak children
The City Education Committees or Consultation Center for education accept consultations concerning school registration.
10. Law for Encouragement of School Attendance at Special Schools for Blind Persons, Deaf Persons, Physically Disabled Persons and Mentally Retarded Persons (1954, Law No. 144)
The law provides support for children and students registered at these schools through provision of books, meals (lunch), transportation fee for commuting and for school trips and educational supplies.

V. Employment
11. Law for Employment Promotion, etc. of the Disabled Persons (1960 Law No. 123)
The Quota System and Levy and Grant System play the central role in promoting employment for disabled persons.
* The quota System: General employers including the government and municipal offices are obligated to employ disabled workers in excess of the quota.
Governmental bodies 2.1%
Private enterprises 1.8%
* Levy and Grant System: This system works by collecting levy from those enterprises that fail to achieve the quota of disabled workers. The funds created by the levy system are used to encourage employers who employ disabled persons above the quota and to promote disabled workers’ employment and improve working conditions.
Collection of Levies: Yen 50,000 a month per person (with more than 300 full-time employees).
Payment of adjustment Allowance: Yen 25,000 per month pre person will be paid to employers who employ disabled workers more than the legal quota (with more than 300 full-time employees).
Payment of Rewards: Yen 17,000 per month per person will be paid to the employers who employ disabled workers in excess of the fixed number (with less than 300 full-time employees).
Payment of Grants: For establishment of work facilities, special employment management, vocational adjustment, ability development, etc. to promote such employment.
* Public Vocational Training Allowance for disabled persons and loan system of funds for purchasing of technical aids and equipments.

12. Employment Countermeasures Law (1966, Law No. 132)
The law provides measures to improve vocational training for people with disabilities and assist them to find employment.
* Vocational training facilities and improvement of training contents.
* Ensuring the training of training guidance workers and the enhancement of their quality.
* Supply of an allowance for adjustment training.
* Supply of a training allowance to employers.
13. Employment Insurance Law (1974, Law No. 116)
There is fundamental allowance which secures life of non-employees till they find new employment and re-employment allowance for those who find work in a shorter period.
* Fundamental Allowance -- Additional days counted are qualified.
* Employment Preparatory Allowance ? If re-employed with conditions fulfilled. 30 days fundamental allowance is granted.

14. Human Resources Development Promotion Law (1969, Law No. 64)
The law is to secure opportunities to develop various vocational abilities. Vocational Ability Development Centers for Disabled Persons are established under this law.
As of the year 2000, there are 13 Vocational Ability Development Centers for Disabled Persons established by national government and 6 established by prefectural governments throughout Japan.

VI. Living Environment

15. Law for Promoting Businesses that Facilitate the Use of Communications and Broadcast Services by the Physically Disabled Persons (1993, Law no. 54)
The law promotes services to make media like telecommunications and broadcast accessible to people with disabilities. For instance, subsides are given for the production of superimposed television programs or those with narrations explaining the action

16. Law for Buildings Accessible to and Usable by the Elderly and Physically Disabled Persons (1994, Law No. 44)
The law aims to build public buildings which meet the needs of people with disabilities. It is also called “Heartful Building Law.”
The owners of specialized buildings (hospitals, theaters, meeting places, exhibition centers, department stores, hotels, etc., which are used by all) are encouraged to modify designs of entranced, corridors, stairs, washrooms, etc. Prefectural governor may give advice, as well as order to modify or to withdraw owner authorization.

17. Road Traffic Law (1960, Law No. 105)
This law provides safe transportation for visually impaired persons. Thus, sighted persons are prohibited to walk with white or yellow cane, and to walk with a guide dog.

18. Mail Law (1947, Law No. 165)
Postage for Braille paper and recorded mail for visually impaired persons are free of charge. Parcels for disabled people can be mailed at half the cost. The postage for periodicals published by disabled person groups can be mailed at small charge.

19. Telecommunication Service Law (1984, Law No. 86)
Disabled persons may get NTT telephone directory service for a free of charge. Persons with speech disorder may get lower fee of usage fee of public telephone through calling by credit.

VII. Housing
20. Public Housing Law (1951, Law No. 193)
When living in public housing, disabled persons are given special consideration. There is a standard of larger living space for families with persons with disabilities. In addition, local public entities give priority in providing to disabled persons public housing and lowering of rent.
VIII. Income and Tax (Income Security and Tax System)

21. Special Child Rearing Allowance Law (1964, Law No. 134)
* Special Allowance for Disabled Persons: Provided to those 20 years of age and over with degrees of disability requiring special care and attention in daily life due to serious disability either mental or physical.
Yen 26,230 per month with income limitation (1997).
* Special Child Rearing Allowance: Granted to parents or guardians of children under 20 years of age with moderate/sere disability.
Yen 50,350 per month for those with severe disability (1997).
Yen 33,530 per month for those with moderate4 disability (1997).
* Welfare Allowance for Disabled Children: Yen 14,270 per month is granted to children with severe disability.

22. National Pension Law (1959, Law No. 1312)
There is the Basic Disability Pension, which is granted after having joined the insurance program (Case A) or when certain degree of disability has occurred prior to the age of 20 years (Case B). In the latter case; however, there is an income limitation.
* 1st Grade- Yen 981,900 (Yen 81,825 per month, 1997)
* 2nd Grade - Yen 785,490 (yen 65,458 per month, 1997)
* These grades are different from the degrees indicated in the physically disabled person’s handbook.

23. Employees’ Pension Law (1954, Law No. 115)
According to the degree of the insured disability, Employee Disability Pension and Disability Allowance (a one time lump sum for minimal disabilities) are paid.

24. Daily Life Security Law (1950, Law No. 144)
Families who have difficulties in daily life because of their low income are given Public Assistant Benefit to ensure the minimum standard of living. There is a system of supplemental allowance for disabled persons according to the condition of disability.

25. Workmen’s Accident Compensation Insurance Law (1947, Law No. 50)
Besides provision of disability pension and disability lump-sum payments, welfare services such as special allowance, medical services, health care, supply of prosthetic appliance, etc., are also provided.

26. Income Tax Law (1965, Law No. 33)
Taxpayers with disability or who have disabled family member may get exemption of income tax. The exemptions are as follows:
* Specified disabled persons, that is (a) Grade 1 or 2 in a physically disabled person’s handbook or (b) Severe level in a handbook for people with mental retardation - Yen 350,000
* Disabled persons other than above - Yen 270,000

27. Special Measures Act concerning Temporary; Taxation (1957, law No. 26)
Regarding the above income exemptions, those living severely disabled persons may get supplemental allowance.
* Supplemental allowance - Yen 300,000

28. Inheritance Tax Law (1950, Law NO. 73)
Inheritance tax is reduced in the case of disabled persons’ heir.
* Up to 70 years of age - Yen 60,000 per year (Yen 120,000 for specified disabled persons)

29. Consumption Tax Law (1988, Law No. 108)
* Items for disabled persons (e.g. prosthesis, cane, artificial eyes, Braille writer and wheelchair) are exempted from consumption tax.

30. Local Tax Law (1950, law No. 226)
Local Resident Tax is reduced (disabled persons with annual incomes of Yen 1,250,000 or less get a tax exemption). Exemption amounts are as follows:
* Specified disabled persons - Yen 280,000
* Other disabled persons - Yen 260,000
There are cases of reduction or exemption from automobile taxes, light mobile taxes and automobile purchase taxes.

COMPARISONS AND ANALYSIS OF MAIN LAWS RELATED TO PEOPLE WITH DISABILITIES IN THAILAND AND JAPAN :

Analysis of Rehabilitation of Persons with Disabilities Act B.E. 2534
According to the Ministerial Regulation No. 1 B.E. 2537 (1994) issued in pursuant to the Rehabilitation of Persons with Disabilities Act B.E. 2534 (1991), paragraph one of Section 1 stated that, “Exemption is allowed only the case where there is no work suitable for disabled persons and the owner of the workplace has informed and received concurrence from the Department of Public Welfare.” And paragraph two of Section 1 stated that, ”The Department of Public Welfare is to define type of work disabled persons can perform and announce in the Royal Gazette.”

The content in this Ministerial Regulation can be considered obstacle of promoting employment of persons with disabilities because it limits scope of work that persons with disabilities can do. In reality, new types of work with various nature occur rapidly in the labor market, especially in the area of ICT (Information and Communication Technology). It is difficult to keep up with these new work types and it is also unpractical to keep revising the definition of work that persons with disabilities can perform. Moreover, it takes time for the whole process to revise the content of the announcement. By the time these work types are announced in the Royal Gazette, there may be other new types that needed to be included. What happens nowadays is that some employers use it as an excuse for not hiring persons with disabilities because the jobs available in their companies are not included in the work types that persons with disabilities can perform.

There is a movement for revising laws and regulations that are obstacles for vocational rehabilitation or employment promotion of persons with disabilities in Thailand. The major movement is done by Assoc. Prof. Dr. Wiraya Namsiripongpan, Ph.D., a professor at the Faculty of Laws, Thammasat University and his team. Dr. Wiriya and his co-researchers are doing a research on the topic, “Revision of Laws that Are Obstacles for Social Integration of Persons with Disabilities : Case Study on Laws and Regulations that Limited the Rights of Persons with Disabilities in their Work”

Law for Employment Promotion, etc. of the Disabled Persons (1960, Law No. 123)
According this law, the Quota System and Levy and Grant System play the central role in promoting employment for disabled persons.

* The quota System: General employers including the government and municipal offices are obligated to employ disabled workers in excess of the quota.
Governmental bodies 2.1%
Private enterprises 1.8%
* Levy and Grant System: This system works by collecting levy from those enterprises that fail to achieve the quota of disabled workers. The funds created by the levy system are used to encourage employers who employ disabled persons above the quota and to promote disabled workers’ employment and improve working conditions.
Collection of Levies: Yen 50,000 a month per person (with more than 300 full-time employees).
Payment of adjustment Allowance: Yen 25,000 per month pre person will be paid to employers who employ disabled workers more than the legal quota (with more than 300 full-time employees).
Payment of Rewards: Yen 17,000 per month per person will be paid to the employers who employ disabled workers in excess of the fixed number (with less than 300 full-time employees).
Payment of Grants: For establishment of work facilities, special employment management, vocational adjustment, ability development, etc. to promote such employment.
* Public Vocational Training Allowance for disabled persons and loan system of funds for purchasing of technical aids and equipments.
This ratio does not include mentally ill persons. Employers are obligated to report the number of disabled workers they employ to the head of the Public Employment Security Office annually. This office may announce to the public the names of enterprises who fail to meet the quota and request them to draw up plan for employment of disabled persons to meet the quota.
? Levy and Grant System: This system works by collecting levy from those enterprises that fail to achieve the quota of disabled workers. The funds created by the levy system are used to encourage employers who employ disabled persons above the quota and to promote disabled workers' employment and improve working conditions.
Collection of Levies: yen 50,000 a month per person (with more than 300 full time employees).
Payment of Adjustment Allowance: yen 25,000 per month per person will be paid to the employers who employ disabled workers more than the legal quota (with more than 300 full time employees).
Payment of Rewards: yen 17,000 per month per person will be paid to the employers who employ disabled workers in excess of the fixed number (with less than 300 full time employees).
Payment of Grants: For establishment of work facilities, special employment management, vocational adjustment, ability development, etc. to promote such employment.
? Public Vocational Training Allowance for disabled persons and a loan system of funds for purchasing of technical aids and equipments.

In Japan, there are some specific laws for each group of persons with disabilities such as Law for the Welfare of Physically Disabled Persons (1949), Law for the Welfare of Mentally Retarded Persons (1960) and Child Welfare Law (1947). The Rehabilitation of Persons with Disabilities Act B.E. 2534 covers parts that mention about rehabilitation of people with different types of disabilities. As for children with disabilities, they are also included the Rehabilitation of Persons with Disabilities Act.

The following comparisons are made for each law of Japan and Thailand.

Japan
- Law for Promotion of Research, Development and Distribution of Technical Aids and Equipments (1993)
Thailand
There is no law in Thailand that is issued especially for this purpose but it is

Japan
- Law concerning Mental Health and Welfare for Mentally Disabled Persons (1950)
Thailand
There is no law especially issued for mentally disabled persons but there are also support for them such as medical care, promotion of social rehabilitation and vocational rehabilitation. Main measures of Law concerning Mental Health and Welfare for Mentally Disabled Persons are compared with those of Thailand as follows:

Japan
- Establishment of Mental Health and Welfare Centers in all prefectures.
Thailand
-There are Mental Health Centers in all 4 parts of Thailand but not in all provinces.

Japan
- Issuing of Mentally Health and Welfare Notebook.
Thailand
-Issuing of Notebook for persons with disabilities (both physically and mentally) who live in Bangkok is done by the Office of Committee of Rehabilitation of Persons with Disabilities. For persons with disabilities who live in other provinces, they can have it done at the Provincial Public Welfare Office.

- Services provided by institutions for rehabilitation of persons with disabilities in Japan according to Law concerning Mental Health and Welfare for Mentally Disabled Persons, and in Thailand according to the information of the Office of the Committee of the Rehabilitation of Persons with Disabilities (OCRPD).
Japan
(1) Daily Life Adjustment Training Facilities
Thailand
(1) Daily Life Adjustment Training Facilities
Japan
(2) Sheltered Workshops
Thailand
(2) Sheltered Workshops
Japan
(3) Welfare Homes
Thailand
There is no service which is exactly the same as welfare homes but there is something compatible. There is a pilot project of Yadfon Vocational Center in Chiangmai. In this project, a group of 7 persons with disabilities live in the same house and do agricultural work.

Japan
- School Education Law (1947)
The law provides education for disabled children such as general classes, special classes, non-residential classes, special schools and itinerant teaching, etc.
Special classes in regular elementary and secondary schools may be classified into classes for mental retardation, orthopedic disability, weakness, visual impairment and hearing impairment. Special Schools for Disabled Children are established for the blind, the deaf, the orthopedically disabled, the mentally retarded and the weak children.
Thailand
- National Education Act
In this act, all children, with or without disabilities are guaranteed education accessibility. There are services for students with disabilities such as general classes, special classes, special schools for the blind, the deaf the orthopedically disabled, the mentally retarded, but no special schools or classes for weak children.
- Article 15 of Rehabilitation of Persons with Disabilities Act B.E. 2534
Disabled person who has been registered in accordance with Article 14 shall be entitled to the following development and rehabilitation :
(2) Education in consonance with the vocational or university
education under the National Education Plan as considered
appropriate. Such education may be provided in the special
school or through mainstreaming in the ordinary school
whereby the Center for Innovation and Technology attached to
the Ministry of Education shall provide support as deemed
appropriate.

Japan
- Employment Insurance Law (1974, Law No. 116)
There is fundamental allowance which secures life of non-employees till they find new employment and re-employment allowance for those who find work in a shorter period.
* Fundamental Allowance -- Additional days counted are qualified.
* Employment Preparatory Allowance ? If re-employed with conditions fulfilled. 30 days fundamental allowance is granted.
Thailand
There is no employment insurance law in Thailand. No fundamental allowance and no re-employment allowance are provided.

Japan
- Law for Promoting Businesses that Facilitate the Use of Communications and Broadcast Services by the Physically Disabled Persons (1993)
The law promotes services to make media like telecommunications and broadcast accessible to people with disabilities. For instance, subsidies are given for the production of superimposed television programs or those with narrations explaining the action.
Thailand
There is no specific law but there is a policy of information accessibility for persons with disabilities. However, services are still limited. There are no services like subscriptions for TV programs or videos with close caption. There is one television channel that provides sign language interpreters for deaf viewers. There are no subsidies from the government for the production of superimposed TV programs or those with subscription. However, this issued was raised at the seminar on the topic, "Strategy to Develop Quality of Life of Persons with Disabilities" at Suan Dusit Rajabhat Institute on October 10, 2002 chaired by the Prime Minister of Thailand,

Japan
- Law for Buildings Accessible to and Usable by the Elderly and Physically Disabled Persons (1994, Law No. 44)
The law aims to build public buildings which meet the needs of people with disabilities. It is also called “Heartful Building Law.”
The owners of specialized buildings (hospitals, theaters, meeting places, exhibition centers, department stores, hotels, etc., which are used by all) are encouraged to modify designs of entranced, corridors, stairs, washrooms, etc. Prefectural governor may give advice, as well as order to modify or to withdraw owner authorization.
Thailand
According to the Rehabilitation of Persons with Disabilities Act B.E. 2534 (1991),
Article 17
In order to protect and assist disabled persons, the Minister shall have the power to issue the Ministerial Regulations prescribing
(1) The characteristics of the buildings, sites, vehicles or other public services requiring installment of equipment to directly facilitate disabled persons.
Article 18
An owner of a building, site, vehicle or a service provider who provides equipment to directly facilitate disabled persons as stipulated in Section 17(l) is entitled to deduct double the expenses incurred for such purpose from the net income or net profit of the year during which those expenses were incurred, as the case may be, in accordance with the Revenue Code.

Japan
- Mail Law (1947)
Postage for Braille paper and recorded mail for visually impaired persons are free of charge. Parcels for disabled people can be mailed at half the cost. The postage for periodicals published by disabled person groups can be mailed at small charge.
Thailand
There is no mail law but Thailand follows the policy of the United Postal Union (UPU). Therefore, postage for Braille paper and recorded mail for visually impaired persons are also free of charge. The postage for periodicals published by disabled person organizations such as the Association of the Blind in Thailand can be mailed for free.

Japan
- Public Housing Law (1951)
When living in public housing, disabled persons are given special consideration. There is a standard of larger living space for families with persons with disabilities. In addition, local public entities give priority in providing to disabled persons public housing and lowering of rent.
Thailand
There is no public housing law, and no similar services in the country.

Japan
- Special Child Rearing Allowance Law (1964)
* Special Allowance for Disabled Persons: Provided to those 20 years of age and over with degrees of disability requiring special care and attention in daily life due to serious disability either mental or physical.
Yen 26,230 per month with income limitation (1997).
* Special Child Rearing Allowance: Granted to parents or guardians of children under 20 years of age with moderate/severe disability.
Yen 50,350 per month for those with severe disability (1997).
Yen 33,530 per month for those with moderate disability (1997).
* Welfare Allowance for Disabled Children: Yen 14,270 per month is granted to children with severe disability.
Thailand
The monthly allowance is given to the families of persons with severe disabilities, regardless of their ages, in the amount of 500 baht (approximately yen 1,500).

Japan
- Income Tax Law (1965)
Taxpayers with disability or who have disabled family member may get exemption of income tax. The exemptions are as follows:
* Specified disabled persons, that is (a) Grade 1 or 2 in a physically disabled person’s handbook or (b) Severe level in a handbook for people with mental retardation - Yen 350,000
* Disabled persons other than above - Yen 270,000
Thailand
Persons with disabilities and their families do not get exemption of income tax.

Japan
- Inheritance Tax Law (1950, Law NO. 73)
Inheritance tax is reduced in the case of disabled persons’ heir.
* Up to 70 years of age - Yen 60,000 per year (Yen 120,000 for specified disabled persons)
Thailand
There is no tax reduction for disabled persons’ heir.

Japan
- Consumption Tax Law (1988)
* Items for disabled persons (e.g. prosthesis, cane, artificial eyes, Braille writer and wheelchair) are exempted from consumption tax.
Thailand
The Ministerial Regulation No.3 B.E.2537 (1994) issued in Pursuant to the Rehabilitation of Persons with Disabilities Act B.E.2534 (1991) states that “In case when disabled persons receive medical rehabilitation service according to No.2 and must use prosthesis or any of supporting equipment, the medical facility must arrange such needed equipment for the disabled person. If the medical facility does not have the needed prosthesis, supporting equipment, the medical facility can contact and request for needed equipment from Sirindhorn National Medical Rehabilitation Center, Department of Medical Service, Ministry of Public Health.”
The Ministerial Regulation No.4 states that “When the received prosthesis or requested equipment as stated in No.3 does not function properly or needs repairment, the medical facility according to No.2 can do the repair service or change part of the equipment at free of charge.”

Japan
- Local Tax Law (1950)
Local Resident Tax is reduced (disabled persons with annual incomes of Yen 1,250,000 or less get a tax exemption). Exemption amounts are as follows:
* Specified disabled persons - Yen 280,000
* Other disabled persons - Yen 260,000
Thailand
In Thailand, there is no local resident tax. Therefore, there is no exemption of reduction of it.

Japan
- There are cases of reduction or exemption from automobile taxes, light mobile taxes and automobile purchase taxes.
Thailand
- There is no reduction or exemption from automobile taxes, light mobile taxes and automobile purchase taxes.

ANALYSIS OF SOME JAPANESE LAWS RELATED TO PERSONS WITH DISABILITIES 25


I. Physical Accessibility

1.1 "Barrier-free Transportation Law"
In May 2000, Law for Promoting Accessible Mobility by Using Public Transportation for Aged Persons and Persons with Physical Disabilities, so-called Barrier-free Transportation Law, was enacted.
According to that Law, following points are mainly stipulated:
1) Transportation companies are obligated to ensure accessibility of newly built or largely renovated railway stations, bus terminals, passenger ship stations and airports by installing elevators, escalators and ramps.
2) Transportation companies are obligated to purchase accessible vehicles. For example, bus companies should purchase low-floor buses.
3) When renovating existing transportation facilities, transportation companies and municipalities concerned can be funded by the central government.
4) Municipalities are encouraged to make a plan for a totally accessible mobility dealing with transportation facilities, public buildings, pedestrian decks and pathways. If this plan is authorized by central government, it will also be funded.
The enactment of this law was very helpful for persons with disabilities. However, there is always room for improvement as suggested by DPI.
1) All of the persons with mobility-restriction should be covered, including pregnant women and persons with other disabilities.
2) The central/local governments should enforce transportation companies to renovate existing facilities and vehicles for insuring accessibility.
3) Municipal administrators should include consumers with mobility-restriction in the planning committee as many as possible, when they make a plan as described above.

1.2 Legislation for Accessible Environment at Local Level
In 1992, Osaka Prefecture and Hyogo Prefecture established a so-called Welfare City-Planning Ordinance which aims to promote physical accessibility. Since then, more than 80 percent of prefectures have established this kind of ordinance. In the next stage, these ordinances should be revised with more participation of persons with disabilities and municipalities should enact such kind of ordinances to make sure accessibility at community level.
The ordinance which DPI-Japan recommends should;
1) include anti-discrimination clauses that define accessibility as a human right.
2) deal with facilities that relate closely to daily life such as supermarkets and restaurants.
3) deal with school facilities because they are used as shelters in case of disaster.
4) deal with housing issues.
5) recognize the importance of accessibility of information.
6) be implemented with the participation of persons with all kinds of disabilities including physical, visual, hearing, intellectual and psychiatric disabilities.
Some prefectures, including Tokyo Metropolis, Hyogo and Osaka Prefectures, have already amended their ordinances. For example, Hyogo Prefecture's ordinance provides accessibility guideline of collective housing with over 50 houses.

1.3 Housing
Promotion of Accessible Housing is listed at the top of the Governmental Plan for Persons with Disabilities in 1995. Up to now, however, actual situation in housing does not satisfy the demand of persons with disabilities.
The government amended the Public Housing Law so that local governments can set up group homes in housing developments. Group homes are where persons with intellectual disabilities live in a group of five with an assistant. However, the regulation of that Law has a discriminative clause which excludes person who needs continuous care due to severe physical or mental disabilities from living in public housing as a single person.
The Ministry of Construction explains those who need continuous care can hardly manage their daily life independently so that their residential problem can’t be solved through living in public housing as a single person. This is considered discrimination by organizations of persons with disabilities. DPI-Japan is one of the organization which disagrees with this policy as the Ministry denies the philosophy of independent living of persons with disabilities in communities.
Some local governments have begun to accept persons with severe disabilities to live in public housing as singles. DPI-Japan has started negotiation with some local governments to accept such persons through its member organizations.
The Ministry of Construction has its own accessible guideline for public housing, "Accessible Building Method for Aged Society." However, it does not include wheelchair-using residents.

II. New Social Welfare System and Personal Assistant Services
2.1 Amended Social Welfare Law
Social Welfare Measures Law was amended into Social Welfare Law. This new law declares consumer-oriented social welfare system and equal relationship between consumers and service providers as principals. New service system, or cost-covering system, that each consumer contracts with service providers will start in 2003, replacing the existing welfare measures that only government can select service providers for each recipient. However, according to DPI-Japan, this new law will not work properly to secure rights of consumers due to the following reasons;
1) The amended law has no anti-discrimination clause; especially it lacks the promotion of rights of consumers.
2) "Realizing independent living whose level meets abilities of each person" which is also the objective of Nursing Care Insurance Law is adopted again in the objective of this law. According to the analysis made by DPI-Japan in the report of Japan National Assembly of Disabled Peoples' International, the government ignores the importance of eliminating obstacles that surrounds persons with disabilities to realize independent living.
3) In order to maintain the equality between consumers and service providers, more services should be developed in community for consumers to select proper ones. However, according to this law, the municipalities are only encouraged to establish "community welfare plan" but are not obligated. Up to now, only 50 percent of municipalities have "municipal disability plan," which is stipulated by Fundamental Law for Disabled Persons. Most of them are established without sufficient participation of persons with disabilities.
4) The concept of self-decision, participation, de-institutionalization and community-based support should be centered at the new Japanese welfare system.

2.2 Direct Payment and Self Management
It is obvious that the cost-covering system is not a consumer-oriented system, because the method adopted by the government allows service providers to receive the cost on behalf of consumers. Using this method, service providers tend to look at the government, not consumers. DPI-Japan is convinced that this method invades the equal relationship between consumers and service providers. It is proposed that the government should adopt direct payment method.
The government is planning care management system for persons with disabilities now. It means that the government will utilize the existing care management system used under the nursing care insurance scheme for aged persons. The care insurance system deals with only home-based care services. The government should respect the principles of independent living and participation in society of persons with disabilities.
To realize these principles, DPI-Japan insists that the care management system for persons with disabilities should be based on self-management and that peer-support services should be used mainly to support the decision-making by persons with disabilities.

2.3 Family's Duty of Support to Adults with Disabilities
On the surface, the amended law mentions "consumer-oriented social welfare system." However, it lacks in a direction to abolish duty of support to adults with disabilities by their family members. DPI-Japan recognizes that this duty keeps many adults with disabilities in dependency on their family or in institutional care.
For example, when a person with a severe disability living with his/her parents wishes to use personal assistant service, his/her parents usually have to pay a portion for it in accordance with their income. So that usually he/she can't make decisions of using personal assistant services. It is his/her parents who decide. The Japanese welfare system basically requires families to support their family members with disabilities. Not only in disability measures but also in other welfare measures, such as for the aged people, the amount paid for welfare services are decided in accordance with a family member's income who provides mainly for the family.
To make sure of self-decision, DPI-Japan insists that all the payment of this kind should be decided not in accordance with other family member's income but the consumer's.

III. National Disability Pension

The National Pension Law was amended last March. The law reduced the benefits of national pensions in order to maintain the existing pension scheme. The Ministry of Health and Welfare has no intention to ameliorate inadequacies, which have been pointed out by DPI-Japan as follows;
1) The benefit of the National Disability Pension is so low that it can not maintain the income of persons with severe disabilities by itself. It amounts to only about \83,000 (about US$750) per month, while the livelihood grant for the poor with an additional portion for disability amounts to about \120,000 (about US$1,090) per month.
2) Many persons with disabilities are still left without receiving the pension. There are mainly two reasons;
(a) Before 1982, foreign residents in Japan had no right to be national pension scheme members,
(b) Before 1991, the national pension scheme was not compulsory for students and housewives even if they were over 20 years old.
3) The National Disability Pension has an additional benefit for recipients who have children born before having disabilities, while recipients who have children born after having disabilities do not receive any additional benefit. DPI-Japan thinks that this is unreasonable and that the national pension scheme denies persons with disabilities to have babies.

IV. Advocacy
4.1 Guardianship
New guardianship system started this April in conjunction with the care insurance scheme. Under this system, a guardian makes decisions instead of a person with disabilities who can't make or can hardly make decisions by oneself. DPI-Japan is afraid that the guardian over-protects the person with disabilities for the sake of the interests of those around the person. DPI-Japan recommends that the concept of self-decision and self-advocacy should be understood more in society.
It is very important that the family court takes the will of persons with disabilities into consideration fully when it determines if a guardian is actually necessary for the person. The court should observe the principle that the person's welfare and interests are paramount.
The problems that this system has are;
1) It is not clear if the family court always appoints the guardian who the person with disability wishes. Family members, relatives, administrators and prosecutors can also file for guardianship as well as persons with disabilities themselves. It is possible that the family court's determinations depend on such persons' intentions.
2) The person with disabilities should pay all the payment for applying/using guardianship. For example, 300,000 yen (US$ 2,730) is required in average for psychiatric examination.
3) The family court can appoint judicial persons as guardians, including residential institutions and other welfare corporations. If the court appoints welfare corporation which provides services for the person with disabilities concerned, the corporation, or the guardian, may abuse the person's welfare and interests.
4) There is no system for human rights education for judges.
5) There is no system for training guardians.


4.2 "Grievance Organs" Stipulated by Social Welfare Law
In Social Welfare Law, mentioned in 4.1, "system for solving grievance" is stipulated. DPI-Japan thinks this system does not work properly to advocate human rights of persons with disabilities due to the following reasons;
1) This system deals with not all the human right abuses but "grievance related to using welfare services." The government seems reluctant to recognize the grievance of persons with disabilities as an appeal of human right abuses.
2) Service provider selects the third party that presents in the negotiation among the affected parties.
3) If the problem is not solved by negotiations among the affected parties as described in 2), "the committee on appropriate service provision" at prefecture councils of social welfare deals with the case. However, the committee carries out its task only under the service provider's agreement. What is worse, the committee just conciliates and doesn't give recommendations to service providers.

V. Disqualifying Clauses in Japanese Laws

There are nearly 300 so-called "disqualifying clauses" in Japanese laws by DPI-Japan's estimate. For example, persons with hearing disabilities cannot get medically related jobs (doctors, nurses, pharmacist etc.), while persons with psychiatric disabilities are prevented from obtaining various licenses.
Persons with psychiatric disabilities are not supposed to enter Japan. Public housing does not permit a single person with 24-hour care to live there. Driver's licenses are not given to many persons with disabilities----not because they cannot drive but only because they have disabilities. Through research, it is clear that there is no difference between hearing and non-hearing people in their ratios of causing car accidents. Those who have psychiatric disabilities can control themselves by using certain medicines. Rather than removing persons with disabilities in the first place, they should correctly and scientifically be measured for their abilities and provided reasonable accommodations.
The Disability Policy Council of the government is re-examining existing disqualifying clauses. (the information as of March 2000). The government counts 79 disqualifying clauses and announces all the 79 laws and regulations will be amended by the year 2002. As of March 2000, 19 laws and regulations were amended, including the Law for the Inquest of Prosecution which excluded persons with visual/hearing disabilities from the committees for the inquest of prosecution. The Prime Minister's Office announced that 35 laws and regulations will be amended by the year 2001. These laws include medically related jobs, driving license and public housing issues. DPI-Japan is afraid that these amendments don't eliminate discriminations related to legislation due to the following reasons;
1) The government has an intention to remain disqualifying clauses due to having disabilities in many laws. In some laws, the government would like to only change absolute disqualification into relative disqualification.
2) The government only estimates 79 disqualifying clauses while DPI-Japan estimates more than 300 clauses. DPI-Japan recognizes the existence of unreasonable discriminations because of being under the guardianship.
These clauses mentioned above are against the philosophy of normalization and violate human rights of persons with disabilities. Individual abilities should be looked at before disabilities, and it is society's responsibility to provide reasonable accommodations to persons with disabilities.



Suggestions concerning Japanese Laws related to Persons with Disabilities

1.
The Government must guarantee the right of labor and improve the working environments and conditions for disabled persons.
For example, people with serious disabilities should be provided with both daily care and job assistance.

2.
Working at home using IT skills should be encouraged more.

Suggestions made by DPI-Japan

3.
In reference to securing accessibility, governments in the region should set targets by years and by areas towards 2012.

4.
Governments in the region should encourage the organizations of persons with disabilities to participate in all the processes from setting targets to implementation. Governments should seek the widest representation of groups of persons with disabilities, including paying attention to gender and geography.

5.
Governments in the region should enact specific laws in order to insure accessibility.

6.
Governments in the region should raise the priorities of the accessibility measures in each economic policy.

7.
Governments in the region should recognize accessibility for persons with visual, hearing, intellectual and psychiatric disabilities, as well as persons with physical disabilities.

8.
Governments in the region should secure human rights of women and girls with disabilities in its implementations.

 9.
The term of "Accessibility" should mean the access for all areas concerning disability, including facilities, communication and other social services.

Suggestions No. 10 to 13 are made by Mr. Kenji Itayama, 25' as part of his article, “Two Decades" for People with Disabilities: Achievements, Future Tasks and Recommendations for Government's Policies in Japan (June, 2002)

10.
There should be firm and clearly delineated principles in national legislation. Every law should state "duty provisions" and "penalty provisions" clearly. The movement to amend the present laws has to be carried out in relation with the "United Nations International Covenant on Human Rights."

11.
Laws related to people with disabilities should state "rights" and "duties" in detail.

12.
These laws should have legal and executive force .

13.
There should be adequate municipal plans for persons with disabilities to improve their welfare or opportunities in education and employment.



DISQUALIFYING CLAUSES

THAILAND

There is an on-going study done by Assoc. Prof. Dr. Wiriya Namsiripongpan and his team on the topic, “Revision of Laws that Are Obstacles for Social Integration of Persons with Disabilities : Case Study on Laws and Regulations that Limited the Rights of Persons with Disabilities in their Work” In this study, laws and regulations that prohibit persons with disabilities from entering or maintaining their jobs are collected, and suggestions were made for the revision of these laws. Some examples of these laws are :

1. Rehabilitation of Persons with Disabilities Act B.E. 2534 (1991)

This act is aimed to protect and promote the rights and equalizations of persons with disabilities in Thailand. However, there are some parts of the act that are obstacles for vocational rehabilitation of persons with disabilities. For example, According to the Ministerial Regulation No. 1 B.E. 2537 (1994) issued in pursuant to the Rehabilitation of Persons with Disabilities Act B.E. 2534 (1991), paragraph one of Article 1 stated that, “Exemption is allowed only the case where there is no work suitable for disabled persons and the owner of the workplace has informed and received concurrence from the Department of Public Welfare.” And paragraph two of Article 1 stated that, ”The Department of Public Welfare is to define type of work disabled persons can perform and announce in the Royal Gazette.”
The content in this Ministerial Regulation can be considered obstacle of promoting employment of persons with disabilities because it limits scope of work that persons with disabilities can do. In reality, new types of work with various nature occur rapidly in the labor market, especially in the area of ICT (Information and Communication Technology). It is difficult to keep up with these new work types and it is also unpractical to keep revising the definition of work that persons with disabilities can perform. Moreover, it takes time for the whole process to revise the content of the announcement. By the time these work types are announced in the Royal Gazette, there may be other new types that needed to be included. What happens nowadays is that some employers use it as an excuse for not hiring persons with disabilities because the jobs available in their companies are not included in the work types that persons with disabilities can perform.
There is a movement for revising laws and regulations that are obstacles for vocational rehabilitation or employment promotion of persons with disabilities in Thailand. The major movement is done by Assoc. Prof. Dr. Wiraya Namsiripongpan, Ph.D., professor at the Faculty of Laws, Thammasat University and his team. Dr. Wiriya and his co-researchers are doing a research on the topic, “Revision of Laws that Are Obstacles for Social Integration of Persons with Disabilities : Case Study on Laws and Regulations that Limited the Rights of Persons with Disabilities in their Work”

2. Limitation of Persons with Disabilities’ Rights are caused by the following reasons.

2.1 by Defining Types of Work that Persons with Disabilities Can Perform
According to Article 1 paragraph 2 of the Rehabilitation of Persons with Disabilities Act 2534, the Department of Public Welfare is to define type of work disabled persons can perform and announce in the Royal Gazette. For work not stated in the Royal Gazette, employers are not required to hire persons with disabilities, which means they do not have to follow the quota system.
2.1.1 According to the Ministerial Regulations No. 1, types of work that persons with disabilities can perform are announced in the Royal Gazette. Employers who fail to hire persons with disabilities to perform these jobs are required to send money to the Fund for Rehabilitation of Disabled Persons. However, if the jobs available in that workplace are not in the list of types of work that persons with disabilities can perform, employers are not required to hire persons with disabilities. This Ministerial Regulation is opposed by many persons with disabilities because it limits the scope of work that persons with disabilities can perform. It is against the concept of persons with disabilities’ potential to work. There are many kinds of work that persons with disabilities can perform but they are not listed in the Royal Gazette.
Some employers take this opportunity as an excuse for not hiring persons with disabilities.

　　　2.1.2 Types of Work Reserved for Persons with Disabilities
In some countries, certain types of work are reserved for persons with disabilities. However, in Thailand, many persons with disabilities do not agree with this idea because, according to their opinions, this method is based on the concept of welfare rather than the concept of persons with disabilities’ potential to work. Moreover, most of the jobs that are reserved for persons with disabilities are low-paid, undesirable jobs. Hence, there are many job vacancies and persons with disabilities are put into these kinds of jobs even though they may be able to do some other jobs. Besides, the training curriculum tends to focus on these types of work. This can limit the opportunities of persons with disabilities to get other kinds of job.

2.2 by Defining Types of Persons who cannot Enter into Certain Occupations
According to the Regulations of some organizations, governmental bodies, state enterprises and authorities, their recruiting systems have some words or phrases that prohibit persons with disabilities from applying for certain positions. Those words and phrases are :

2.2.1 having physical disabilities
2.2.2 malfunctioning
2.2.3 deaf, dumb and illiterate
2.2.4 having impairment
2.2.5 must be guaranteed by physician for having good health and having physical condition that will not prohibit them from performing their work
2.2.6 having physical or mental condition that is inappropriate to be juridical officials
2.2.7 having disabilities that prohibit them from performing their work
2.2.8 having low ability or losing ability
2.2.9 having unsound mind
2.2.10 having mental information
2.2.11 incompetent
2.2.12 quasi-incompetent

2.3 by Giving Authority to Relevant Persons to Make Decision whether Applicant with Disabilities are Qualified for the Position he/she Applies for
This gives opportunities for employers or persons in charge of the recruitment to discriminate persons with disabilities as they can interpret the regulations in a way that does not allow persons with disabilities to apply for that position. Therefore, the fate of persons with disabilities is in the hand of those particular persons because applicants who have disabilities can be defined as having physical condition that is “inappropriate” for such positions.



SUGGESTIONS FOR LAWS THAT WILL ELIMINATE DISCRIMINATION AND PROMOTE RIGHTS OF PERSONS WITH DISABILITIES IN THAILAND 26


1. Characteristics of laws and social measures which are appropriate for Thai society
As mentioned earlier, there are three types of content of laws and regulations that limit the rights of persons with disabilities to get a job : Defining Types of Work that Persons with Disabilities Can Perform, Defining Types of Persons who cannot Enter into Certain Occupations, Giving Authority to Relevant Persons to Make Decision whether Applicant with Disabilities are Qualified for the Position he/she Applies for. These characteristics are based on the belief that persons with disabilities are unable to work.
The suggested laws that are appropriate for persons with disabilities in Thailand should be mainly based on the belief in persons with disabilities’ potential and the belief in Human dignity and equality.
Laws and social measures which are appropriate for Thai society should have the following characteristics :
1.1 Empower and encourage persons with disabilities to be self-reliable and independent. The living pension should be given only to people with severe disabilities. Nowadays, laws that have these characteristics are the Constitution of the Kingdom of Thailand B.E. 1997 (latest edition), Rehabilitation of Persons with Disabilities Act B.E. 2534, National Education Act B.E. 1999, and Regulations of the Department of Public Welfare regarding Living Pension of Persons with Disabilities B.E. 1996. The living pension is given only to persons with severe disabilities and cannot earn their living. Even though there is living pension for persons with disabilities, the professional should bear in mind that persons with disabilities who are able to work should be promoted and supported to work.
Still, there are some laws and regulations that are against the concept of independent living of persons with disabilities. For example, Ministerial Regulations No. 1 issued pursuant to Rehabilitation of Persons with Disabilities Act B.E. 2534 stated that the Department of Public Welfare is to define types of work that persons with disabilities can perform and announce in the Royal Gazette. Some employers avoid hiring persons with disabilities by using the content of the Ministerial Regulation because if the jobs available in their workplaces are not in the list of types of work that persons with disabilities can perform, employers are not required to hire persons with disabilities. In this way, the Ministerial Regulation No. 1 limit opportunities of persons with disabilities to enter different types of jobs.
Other suggestions for promoting higher opportunities for persons with disabilities to work are :
- The amount of loan that persons with disabilities can borrow from the Fund for Rehabilitation of Persons with Disabilities in order to start their own business should be higher. (Nowadays one person with disabilities can borrow up to 20,000 baht (approximately 60,000 yen)).
- There should be scholarships for persons with disabilities to study in the field of science and technology because there is still need for people who have knowledge and skills in this filed.
1.2 Promote equality of persons with disabilities especially in work opportunities
Examples of this kind of laws are Rehabilitation of Persons with Disabilities Act B.E. 2534 regarding the quota system, employers’ incentives, tax deduction, grant and levy. Moreover, the Office of the Civil Service Committee (OCSC) provides scholarships for persons with disabilities to study in the fields related to disabilities.
Suggestions
- As for employers’ incentives, there should be direct subsidy for employers who hire persons with disabilities and adjust their work places for disabled employees. Tax deduction is not enough.
- There should also be scholarships for persons with disabilities in other fields of work especially in the field of science and technology.
1.3 Prohibit discrimination
Examples of this kind of laws are the Constitution of the Kingdom of Thailand and the Act of the Committee of Human Rights B.E. 1999. According to the Act of the Committee of Human Rights B.E. 1999, there is a governmental body which is in charge of receiving complaints filed by those who experience discrimination.
1.4 Social enforcement
Both Thailand and Japan have quota system to promote work opportunities of persons with disabilities. In Thailand, employers who fail to hire persons with disabilities in the appropriate ratio are required to send money to the Fund for Rehabilitation of Persons with Disabilities. In Japan, those employers are also required to send money as levy and grant. However, there is no punishment for employers who do not meet the quota and do not send money. In Japan, the names of these employers are publicized. This is not legal punishment but this kind of social enforcement is sometimes even more effective than legal punishment. In some cases, organizations of persons with disabilities ask their members as well as people without disabilities not to buy products of these companies. Social enforcement is effective because most companies want to maintain their good reputation as nowadays the reputation of the company is not only based on the profit they earn but also the contribution they make to society.

2. Measures to prevent discrimination in work opportunities of persons with disabilities
The discrimination in work opportunities of persons with disabilities can be divided into to types : 1. laws and regulations that contain phrases that discriminate or restrict the rights of persons with disabilities, 2. laws and regulations that do not contain phrases that directly restrict the rights of persons with disabilities in getting a job but contain a phrase saying that the eligibility of disabled applicants is under consideration of people in authority of that workplace. The following measures are suggested for preventing discrimination against the rights of persons with disabilities.
2.1 Measures to prevent discrimination caused by laws or regulations that give authority to relevant persons to make decision whether applicant with disabilities are qualified for the position he/she applies for
In many cases, the decision made by people in authority is against the right of persons with disabilities to enter that position. There are fewer cases when persons with disabilities can get a job in this situation. According to the suggestion made by Assoc. Prof. Wiriya Namsiripongpan, a professor at School of Laws, Thammasat University, to prevent this problem, there should be a court or organization that directly monitors the decision of people in authority.
2.1.1 Promote the concept of the belief in persons with disabilities' potential and equality of human beings to the public especially the professionals who work in the field of vocational rehabilitation. Assoc. Prof. Namsiripongpan recommend the following measures to promote the concept of persons with disabilities' potential and equality of human beings :
1) Add more content about disability study to the curriculum of primary school up to university level. 27
There should be a committee consisting of the professionals in special education, persons with disabilities, authors, etc. The content should be done by professionals the field of educational media production so that disability study is not something boring for students. On the contrary, it should be interesting and can arouse interest of students at all levels.
2) Set up network of mass media to promote positive attitudes toward persons with disabilities. The Public Relations work should be done widely and continuously. Persons with disabilities should be supported and promoted to work in this field, for example, to work as producers of TV or radio programs. The Department of Public Relations should provide facilities for persons with disabilities who want to take the test to be licensed announcers.
3) Change strategy in job seeking for persons with disabilities. The Office of Committee of Rehabilitation of Disabled Persons (OCRDP) still use the old strategy. They receive information about job vacancies from employers and then send qualified persons with disabilities to apply. They also collect resume of persons with disabilities and inform employers from the workplaces that have job vacancies. Another strategy they use is setting up job bazaar to let employers and persons with disabilities meet each other. Assoc. Prof. And his team suggested that there should a team especially set up to work in a more active way to support persons with disabilities in finding a job. The team should include efficient persons with disabilities as well as other professionals. This team should visit employers at their work places and inform them about their duties to hire persons with disabilities according to the quota system and to inform them about the benefits they will receive from hiring persons with disabilities. There should also be mass media materials to promote positive attitudes of employers. For example, there should be interview of employers who hire persons with disabilities and to let the public know the benefits that employers will receive from hiring persons with disabilities. Public relation and mass media will play an active role in this matter.
4) Follow the Development of Quality of Lives of Persons with Disabilities Plan B.E. 2545-2549 (2002-2006) especially Strategy No. 1 and No. 5.
Strategy No. 1 of this plan mentions about the promotion of positive attitudes towards persons with disabilities, and Strategy No. 5 mentions about the empowerment of organizations of persons with disabilities so that they play more important role in protecting the rights of persons with disabilities.
2.1.2 Create more measures to promote equality of human beings.
The following suggestions were made by Assoc. Prof. Namsiripongpan and his team.
1) The Office of Civil Service Committee (OCSC) should provide more scholarships for persons with disabilities to study abroad especially in the field of special education, science and technology, and the scholarships should be provided continuously for at least ten years. This way, persons with disabilities who graduate can work directly with children with disabilities so that there are more teachers and academic professionals who have disabilities. There will also be more professionals with disabilities in the field of science and technology to develop assistive technology for persons with disabilities.
2) Encourage state enterprises to use quota system. Nowadays, only private companies are required to hire persons with disabilities according to the quota system. Governmental bodies and state enterprises do not have to follow the quota system. Assoc. Prof. Namsiripongpan and his research team recommend that the quota system should be used more widely by governmental agencies, state enterprises as well as private companies.
2.1.3 Encourage employers to hire persons with disabilities in higher ratio than the quota. On December 3, which is the International Day of Persons with Disabilities, there are many activities in Thailand. One of the activities is that the Prime Minister gives plaque to employers who hire persons with disabilities in a higher ratio than the quota. This activity should be continued as incentives or rewards for employers. The suggestion is that employers who hire persons with disabilities in a higher ratio than the quota for more than 5 or 10 years should receive special decorations from the King for their honor.
2.2 Monitor new laws to make sure they do not contain phrases that limit opportunities of persons with disabilities to get a job. The Office of the Committee of Rehabilitation of Persons with Disabilities (OCRDP) should be authorized to monitor the new laws before they are issued in order to make sure these laws do not restrict the rights of persons with disabilities especially the rights for employment. Persons with disabilities should participate in drafting and monitoring new laws related to persons with disabilities and laws related to employment because these two types of laws directly effect their lives.
2.3 Empower organizations of persons with disabilities to play more important role in protecting the rights of persons with disabilities.
The organizations of persons with disabilities in Thailand are getting stronger. They protect the rights of persons with disabilities by being advocate and/or supporter for persons with disabilities who are discriminated. Take the case of Mr. Wongnongwa as an example. Mr. Prasit Wongnongwa had worked as a teacher before he became disabled. He was forced to quit his job. But with support from an organization of persons with disabilities, he finally could work as a teacher again and later he received the Teacher Award. Therefore, the organizations of persons with disabilities should have more power so that they can provide more support and services to persons with disabilities. During the seminar on the topic, "Strategy to Develop Quality of Life of Persons with Disabilities" at Suan Dusit Rajabhat Institute on October 10, 2002, it was suggested that the government should provide budget for not only governmental but also non-governmental organizations that protect the rights of persons with disabilities.




JAPAN

DISQUALIFYING CLAUSES IN JAPANESE LAWS


There are nearly 300 so-called "disqualifying clauses" in Japanese laws by DPI-Japan's estimate. For example, persons with hearing disabilities cannot get medically related jobs (doctors, nurses, pharmacist etc.), while persons with psychiatric disabilities are prevented from obtaining various licenses.
Persons with psychiatric disabilities are not supposed to enter Japan. Public housing does not permit a single person with 24-hour care to live there. Driver's licenses are not given to many persons with disabilities----not because they cannot drive but only because they have disabilities. Through research, it is clear that there is no difference
between hearing and non-hearing people in their ratios of causing car accidents. Those who have psychiatric disabilities can control themselves by using certain medicines. Rather than removing persons with disabilities in the first place, they should correctly and scientifically be measured for their abilities and provided reasonable accommodations.
The Disability Policy Council of the government is re-examining existing disqualifying clauses. (the information as of March 2000). The government counts 79 disqualifying clauses and announces all the 79 laws and regulations will be amended by the year 2002. As of March 2000, 19 laws and regulations were amended, including the Law for the Inquest of Prosecution which excluded persons with visual/hearing disabilities from the committees for the inquest of prosecution. The Prime Minister's Office announced that 35 laws and regulations will be amended by the year 2001. These laws include medically related jobs, driving license and public housing issues. DPI-Japan is afraid that these amendments don't eliminate discriminations related to legislation due to the following reasons;
1) The government has an intention to remain disqualifying clauses due to having disabilities in many laws. In some laws, the government would like to only change absolute disqualification into relative disqualification.
2) The government only estimates 79 disqualifying clauses while DPI-Japan estimates more than 300 clauses. DPI-Japan recognizes the existence of unreasonable discriminations because of being under the guardianship.
These clauses mentioned above are against the philosophy of normalization and violate human rights of persons with disabilities. Individual abilities should be looked at before disabilities, and it is society's responsibility to provide reasonable accommodations to persons with disabilities.

According to the article, “Positive actions against legal barriers have been successfully rewarded (June 2001)” which was complied and translated by the Japanese Society for Rehabilitation of Persons with Disabilities　(JSRPD), there was progress in amending the disqualifying laws related to persons with disabilities as follows :
　On June 22, 2001, the House of Representatives passed bills to amend laws such as the Medical Practitioners Law, in order to review the "Disqualifying clauses for Disabilities", with which the government denies the issuance of professional licenses and certification in all cases to persons unable to see, to hear or to speak. This movement originally started when the government established the "Central Council for the Promotion of Measures for Disabled Persons" in December 1998.
　In August 1999, the Council decided to review the "Disqualifying clauses for Disabilities", so that people with disabilities will not be unreasonably kept from participating in social activities". Under the new laws, people with disabilities are recognized as being competent to perform tasks with the assistance of brail, sign language and so on and they have greater opportunities to work.
　However, it is only 7 laws (laws to grant licenses to cooks, dietitians, sanitation administrators, etc.) that completely abolish "Disqualifying clauses for Disabilities". Instead, the other 26 laws, such as the Medical Practitioner Law, stipulate that the government "may not grant" professional licenses or certificates to "people who are defined under the ordinances of the Ministry of Health, Labor and Welfare as having difficulty carrying out tasks due to a physical or mental disorder."
　In other words, granting licenses or certificates to people with disabilities is not totally denied, but still is only allowed with certain restrictions. Thus instead of "Disqualifying clauses for Disabilities" under the previous laws, relative disqualification remains under the new laws. In the case of pharmacists and dental technicians, people with deafness or speech disorders receive licenses as long as they pass the examination.
　On the other hand, those with blindness or mental disorders have to undergo individual inspections by the Ministry of Health, Labor and Welfare, after passing the examinations and must be certified that they can carry out tasks properly. To be doctors, dentists, nurses, etc., it is stated in the related 7 laws that people with blindness, deafness, speech disorder or mental disorder must undergo individual inspections in all cases.
　The following are some examples of the previous laws stipulating restrictive conditions and denying certification to doctors, dentists, nurses, public health nurses, pharmacists, emergency medical technicians and so on, to people with certain disabilities.
* Medical Practitioner Law Article 3 and the Dental Practitioner Law Article 3
The license shall not be given to a minor, a legally incompetent person, a legally quasi-incompetent person, a person unable to see, a person unable to hear or a person unable to speak.
* Pharmacists Law Article 4
The license shall not be given to a person who falls under any of the following categories: A person unable to see, a person unable to hear, or a person unable to speak.

Real Cases in Japan and Thailand concerning Violation of People with Disabilities’ Rights
　There was a case in Japan when Ms. Kumi Hayase graduated from a pharmaceutical university in Tokyo in 1998 and passed the national pharmacy licensing examination in April of the same year. However, the government had denied a license to her, because she is deaf. Her application for the license was rejected on the basis of the previous law with the absolute disqualification denying a pharmacist's license to a person unable to see, a person unable to hear, or a person unable to speak. Hayase and other deaf people appealed for the amendment of the law including "Disqualifying clauses for Disabilities" and as the appeal was successful, her license was finally issued. Kumi Hayase finally received a pharmacist's license on July 17, 2001.
　Hayase commented after receiving a license from Chikara Sakaguchi, the Minister for Health, Labor and Welfare "Although I waited for three years, I do not think that I wasted my time. I am delighted that I could show children with disabilities that they now have the opportunity to work as professionals." 28

Similar case occurred in Thailand. Mr. Sirimit Bunmool and Ms. Bunjutti Klabprasit were refused to take the recruiting exam to be judges because Mr. Bunmool has polio
And Ms. Klabprasit has mis-shaped spine due to polio. The constitution court had announced the result of the consideration No. 16/2545 (2002) that “…The juridical positions like judges are highly prestigious. The persons in these positions work under the name of the King. It requires that they have not only competence and knowledge but also healthy mind and body as well as good personalities. Moreover, the judges not only work in court but also have to travel in some cases like when the witnesses cannot come to court. Therefore, the recruitment of judges and juridical persons is different and stricter than that of other positions. And it is not against the Constitution of the Kingdom of Thailand because in Article 29 paragraph 1, it said. “The restriction of such rights and liberties as recognized by the Constitution shall not be imposed on a person except by virtue of provisions of the law specifically enacted for the purpose determined by this Constitution and only to the extent of necessity and provided that it shall not affect the essential substances of such rights and liberties.”
The Constitution Court use Article 29 paragraph 1 of the Constitution of the Kingdom of Thailand as an exemption because it does not affect the essential substances of the rights and liberties of persons. However, some juridical persons and lawyers have different opinions. They think this is against Article 30 of the Constitution which states that, “All persons are equal before the law and shall enjoy equal protection
under the law. Men and women shall enjoy equal rights. Unjust discrimination against a person on the grounds of the difference in origin, race, language, sex, age, physical or health condition, personal status, economic or social standing, religious belief, education or constitutionally political view, shall not be permitted…….”
In their opinions, the Regulations of Juridical Persons 2540 (1997) Article 26(10) in the part that says, “have physical condition that is inappropriate to be juridical persons.” Is against Article 30 the Constitution because some people can interpret the content in a way that discriminates persons with disabilities. The phrase, “having physical condition that is inappropriate to be juridical persons” should be eliminated or at least it should be clearly defined so that it will not allow people to use this phrase for discriminating persons with disabilities.
　

DISQUALIFYING CLAUSES: ANALYSIS AND SUGGESTIONS


collected from the article written by Kenji Itayama, Vice President of Japanese Society for Rehabilitation of Persons with Disabilities　(JSRPD) under the title "Two Decades" for People with Disabilities: Achievements, Future Tasks and Recommendations for Government's Policies in Japan (June 2002)

EMPLOYMENT AND WORKING CONDITION OF PERSONS WITH DISABILITIES (Article 6,7)
Problem
Persons with disabilities are set on the very severe working situations and employments of persons with disabilities have tardily made little progress. Added to it, there is an article in the law to exempt laborers with disabilities from the minimum wage provisions. That is obviously violation of Article 7 (a). Moreover, the number of dismissed laborers with disabilities is on the increase.
Background
Legal employment quota for persons with disabilities is settled by law; it raised from 1.6% to 1.8% in 1998 for private sectors and scale of corporations which have an obligation to employ was expanded as its number of regular laborers decrease from 63 to 58. However, the quota of disabled employments on corporation remains merely 1.49% as of June 1999. The reasons for it can be explained that we have been hard hit by the depression, but main reason is that corporations are not basically aware of their own responsibilities as the social existence.
Moreover, the number of dismissed laborers with disabilities in the first half of this year (2002) is comparable to the annual number of 1997. Especially, the case of medium and small companies that depend on the grant and subsidy for employment, it has frequently happened that disabled laborers are forced to resign which are usually attributed to "personal reason" when 1.5 years of subsidizing period has been expired.
The next concern is the provision to exempt the minimum wage regulation. Although Article 5-1 of The Minimum Wage Law states that employers have to pay more than the minimum wage to the qualified laborers, its 8-1 cites four exemptions to Article 5-1 with the permission by the Labor Standard Bureau. One of the exemptions is; those who have extremely poor capacity for work because of their mental or physical disabilities. It is caused by the employers’ prejudice and inflicts disadvantage only on the side of persons with disabilities. It is obviously against Article 7(a).
When it is carried out, the eligibility for the exemption are determined by the director’s discretion based on the result of the investigation done by the Labor Standard Bureau. Therefore its standard of approval is not clear. Such discriminatory article makes the labor condition for persons with disabilities much worse.
Suggestions
1. We need a law against discrimination on the basis of the disability concerning hiring, promotion, and payment.
2 Article 8 (1) of Minimum Wage Law, which exempts persons with disabilities from the protection of Minimum Wage, is discriminatory and should be deleted.

1. Restrictions on employment eligibility, limit the choice of occupation
Problems
2. Restriction on the use of public facilities
(Article 6, 7,15)
(a) There are disqualifying clauses concerning persons with disabilities. They are the ordinance that excludes persons with disabilities from certain professions, licenses and qualifications on the basis of physical or mental disabilities, and clauses amount to more than 200. The reviews for the clauses has been proceeded. However, it is so insufficient that they obviously prevent the opportunities to participate in the society and invade the human rights of persons with disabilities.
(b) There are a large number of ordinances to restrict the access of public facilities by persons with disabilities, especially with psychiatric disabilities, and they infringe the rights confirmed in the Article 15 and in General Opinion 5.

Background
(a) The Disqualifying Clauses concerning persons with disabilities are formulated by the prejudice that persons with disabilities are incapable. The Clauses trample upon the dignity of persons with disabilities as human beings. For example, the Article 3,4,7,13 of The Medical Law states that a person who cannot see, cannot hear, cannot speak and a person with a psychiatric disability are not admitted to be a doctor and also deny the application for the state examination for the license to practice medicine. Moreover Disqualifying Clauses exist in various occupations which require national qualification such as pharmacists or nurses. The concept of the clause, "He/She cannot be (certain occupations) because of his/her disabilities", is apparent discrimination that deprives persons with disabilities of their rights to choose occupation. It is against the philosophy of "Full participation and Equality". These clauses are under review, however it is extremely defective compare to the unconditional removal which persons with disabilities are aiming at.
(b) According to the results of survey which carried out in limited places such as Tokyo, Osaka and some other areas, it is apparent that the local authorities have many ordinances and/or regulations for persons with disabilities, especially with psychiatric disabilities to refuse the access of public facilities and the visit the school board or the city assembly in session. Concerning public facilities, some ordinances prohibit the use of swimming pools, gyms and some even prohibit the access to the libraries. Those are obvious violation of Article 15 that protects the cultural rights whose core is consisted of equal access and participation to the cultural life for all individuals and groups. The restrictions such as on access to the public facilities and the visit the school board or the city assembly in session should not be based on the kind of disability but the condition of individual including persons without disabilities.
Suggestions
1. Disqualifying Clauses which identify the kinds and names of the disability exclude persons with disabilities across-the-board. Therefore the provision should be amended not to identify kinds and names of disability. In this connection to guarantee the employment of persons with disabilities substantially, cost of the auxiliary means such as assistants and equipments should be covered by public funds.
2. There are discriminatory ordinances and/or regulations in local authorities to restrict the access of public facilities and the visit of school board and the city assembly in session by persons with disabilities. The government should investigate the existing condition and direct the local authorities strongly which maintain discriminatory regulations, to eliminate the regulations immediately.

3. Securing Lives of Persons with Disabilities (Article 9)
Problem
Article 9 states that "each concluded states allow all human beings to have their rights to social insurance and other social security". However, in the present condition, to secure the life of persons with severe disabilities who meet difficulty in employment is extremely insufficient. Also there are many who cannot receive their disability pension which makes them in zero-pension situation. These situations are obvious invasion of their rights.
Background
In general, in the case of persons with disabilities who have difficulty in being employed, various benefits such as pension etc. form the base of their life. Persons with severe disabilities who receive the National Disability Pension amounts only 30% among all persons with disabilities and more than 80% pensioners receive fewer amounts compare to the minimum standard of public assistance. Therefore, the present condition is that there are a number of persons with disabilities who have to receive the public assistance to keep their independent living in communities, even they are under the National Disability Pension.
Intrinsically, pension to live on should be required but it is difficult to expand the contributory pension system because of several reasons, that realistically public assistance becomes very important. But the present public assistance system exists as "the last fort of the people’s life and supports only "the minimum standard of life" have been emphasized that the eligibility standard is very strict and make the recipient feel indebted.
The substantial character to practice the original and constitutional security for "healthy and cultural minimum life" (a part of Article 11, 13, 25) the right to pursue happiness/welfare as the fundamental human rights, is weak.
Then, there are a number of persons with disabilities who are placed in zero-pension condition in spite of their eligibility. Reasons vary from students or housewives who acquire severe disability while yet not being the member of the national pension scheme and persons who became disabled while they had been staying overseas and not eligible because of their nationality .
According to the Ministry of Health, Labor and Welfare, the number of persons with disabilities not covered by pension system amounts to about 80,000 but we surmise that actual number would be greater .
Suggestions
1. The government should guarantee the minimum livelihood for disabled people who have difficulties in being employed from the standpoint that National Pension are founded for social solidarity. If it is actually impossible to expend the pension system, the government should alleviate the eligibility of public assistance and change the public assistance system into more recipient-centered one.
2 More than 80,000 disabled people are placed in zero-pension situation in spite of their eligibility for the National Disability Pension. Such situation, which elicits of an invasion of rights should be corrected urgently through amendment of the National Pension Law and/or innovation of the welfare measure.

Apology and Compensation for the Forced Sterilization against Persons with Disabilities (Article 10)
Problem
Japanese Governmental Report does not mention about the present situation that no supplementary measures of apology and compensation have been taken to the victims of the 16,520 cases of the forced sterilization under the Eugenic Law.
Background
A number of persons with disabilities were forced to undergo the sterilization pursuant to the Eugenic Law, which stipulated "Prevention against birth of defective descendants" with the consents of themselves or their relatives.
Actually, that "consent" had been signed involuntarily because they were surrounded by the prejudice of the society. According to the official statistics the number of the victims climbed to 16,520.
The Eugenic Law was amended to The Protection Law for The Mother in 1996, but it inherited from the National Predominance Law that was enacted based on the sterilization Law in United States of America, North Europe and the Nazis Germany.
It devastates the dignity of persons with disabilities as human beings. No supplementary measures had been taken by the government to retrieve the dignity of the victims.
Suggestions
As a result of the review of the "International Covenant on Civil and Political Rights", Human Rights Committee sent a recommendation to the Japanese Government. However Japanese Government has been ignoring.
It is necessary to send a recommendation to the Japanese government again to investigate the situation of the past and apprehend the current condition and using that as a base, then to apologize and compensate to the victims

Right to Education of Children with Disabilities (Article 13)
Problem
As mentioned in General Opinion No. 5, it is generally recognized that all people have right to be given equal opportunity for elementary, secondary, and higher education. However, segregated education is still commonly adopted for children with disabilities in Japan.
Background
At present, in reference to school for children with disabilities, there are many problems because municipal school board makes decision where to go mainly from the point of view of medical diagnosis, not social inclusion. Children with disabilities and their parents have also very limited resources for their options. Therefore, their right to choose their adequate education by themselves is obviously infringed. This means that children with disabilities are not respected as individuals who can make decision on their own. Special education for children with disabilities should be provided based on their educational needs at inclusive environment, where such children are educated at regular schools as much as possible.
Suggestions
It is necessary to review the present "segregated education" in order to complete the policy of integration education. To set up the scheme of integrated education including the way to support persons with disabilities (children) by human and material resources when they study and spend their time in regular schools is the urgent task.

Right to Move (Article11)
Problem
In November 2000, so-called "Barrier-free Transportation Law" was enacted. It is a remarkable advance for persons with mobility restrictions, especially wheelchair users, who have been rejected from using public transportations. However, there still remain a lot of Lawful problems in this field. For example, air carriers can enforce a wheelchair user to replace his/her own wheelchair with air carriers' one at their mercy, though wheelchair should be recognized as a part of his/her body. In order to solve such discriminative circumstances, the concept of "mobility as a human right" should be recognized widely, but above Law declares this kind of concept very weakly.

Background
?Securing the right to move, the following elements should be recognized:
a) To secure accessible means of transportation
b) To secure the freedom to choose the means of transportation by the consumers
c) To connect the accessible transportations without any barriers
For persons with mobility restrictions, including persons with disabilities, to live in society, physical environment should be accessible, fulfilling the above elements in order to secure the mobility rights.
Let us study a case that a person with disabilities goes out for shopping at a department store. The route from his/her house to the nearest bus stop should be accessible, even though the bus is low-floored. We should also think about the importance of accessibility of the bus stop at the destination. The route from the bus stop to the entrance of department store also should be made accessible. This case shows us that mobility can be recognized as a human right for the first time when physical environment is made accessible as a whole.
In November 2000, so-called "Barrier-free Transportation Law" (formally, Law for Promoting Accessible Mobility by Using Public Transportation for Aged Persons and Persons with Physical Disabilities) was enacted. It is a great advance that the improvement of physical accessibility can be conducted by several ministries collaboratively under this law.
However, actually, persons with disabilities are not satisfied with the improvement of physical accessibility yet, while governmental statistics announces the increase of elevators at railway stations. It is mainly because persons with disabilities do not participate fully in the process of planning of improving accessibility. Under such a circumstance, the concrete plan of improvement actually does not secure the rights to move adequately.
We can introduce many examples that improvements is utilized as advertisements of the transportation companies, not as securing the right to move : there are stairways between elevator and elevator; there is an elevator that can not be used in the midnight; there is a wheelchair-accessible route in a railway station which is separated from the ordinary one; there is an information board written in Braille that is located where blind persons can not touch.
Suggestions
1.It is necessary that consumers with disabilities should be guaranteed to participate in all the process of the Fundamental Plan which is stipulated by Barrier-free Transportation Law, including selection of site, planning, implementation, monitoring, follow-up activities, and personnel training.
2. It is necessary that uncooperative transportation companies concerning the improvement of the accessibility should be punished including the disclosure of the name of companies.
3. The Law has no relief measures for infringed consumers with mobility restrictions. The "rights to move" should be clearly stated in the Law on the operation of the amendment.




SUGGESTIONS DERIVED FROM THE INTERVIEW

THAILAND


Suggestions made by Persons with Disabilities

1. Persons with disabilities should receive the higher amount of loan so that they can start bigger business. The amount of 20,000 baht per person is too small.
2. The quota for employers to hire persons with disabilities in their work places should be higher than 0.5%
3. For employers who hire persons with disabilities exceeding the quota, they should get tax exemption. (Tax deduction is only for those who hire persons with disabilities according to the quota.)
4. Disqualifying laws should be revised. There are still regulations in some sate enterprises, public companies, organizations and even the government, stating that, in recruiting their employees, if an applicant has disabilities, it is up to the consideration of that work place to judge whether his/her disability is obstacle to the job or not. Hence, the fate of persons with disabilities is still based on the attitudes of the employers.
5. Positive attitudes toward persons with disabilities should be promoted through mass media.
6. There should be scholarships for persons with disabilities to study in the field of science and technology because there is still lack of experts and personnel in this area. (Nowadays the OCSC provides scholarships for persons with disabilities to study abroad at the master and Ph.D. level in the area of disability such as rehabilitation, social work, special education, assistive technology, etc. There is suggestion that they should also provide scholarships in other areas especially science and technology.)
7. The curriculum of some training programs should be revised to be concurrent with the labor market.
8. Sheltered workshop should change their products from handicrafts to something more necessary to daily life.
9. Public transportation must be accessible for persons with disabilities so that they can commute to their work.
10. There should be stricter strategy for legal enforcement of quota system and levy payment.
11. Persons with disabilities in rural areas should have equal opportunities to those in big cities. They should be well informed of their rights and how to receive rehabilitation services.
12. All governmental vocational training centers should be accessible for persons with disabilities so that they have more choices in selecting places to get trained. Nowadays, only vocational training centers especially established for persons with disabilities are accessible. The ordinary ones are not. Therefore, persons with disabilities still cannot get trained in general training centers.
13. Persons with mild disabilities (grade 1 and 2) should be able to register so that they are entitled for employment support. Even though their disabilities are mild, some still find difficulties in getting a job because employers also think of them as disabled people. Moreover, some employers expect that they will get tax deduction from hiring persons with disabilities no matter what levels of disabilities they have. When finding out that they cannot receive any benefits from hiring persons with mild disabilities, some employers are disappointed.


Suggestions made by Professionals

1. The quota system should be used in the governmental organizations and state enterprises, not only private companies.
2. The curriculum of some vocational training programs should be revised so that persons with disabilities can earn their living from the skills they receive from the vocational training instead of ending up in selling lottery as they did before receiving the training.
3. The employment promotion should be done by various organizations as the Office of the Committee of Rehabilitation of Disabled Persons (OCRDP) alone cannot fulfill the need of persons with disabilities in getting employed.
4. Private and governmental organization should work closely in employment promotion of persons with disabilities.
5. Laws that contain disqualifying clauses must be revised.


Suggestions Made by Employers

1. Employers should be informed about the benefits they will receive from hiring persons with disabilities (as some interviewees said that they did not know about tax deduction and never heard about the award given to employers who hire persons with disabilities in excess of the quota). Some said they only knew what they had to do if they do not meet the quota but they do not know what they will get if they exceed the quota.
2. There is too much paper work that the employers need to fill out and prepare annually in order to receive tax deduction.
3. Tax deduction is not enough for employers who employ persons with disabilities and/or make work adjustment for disabled employees. There should be direct subsidy for those expenses.
4. The government should provide subsidy for part of the salary that employers pay for their disabled employees. And the subsidy should be given to employers at least twice a year so that they do not have to wait until the time of tax filing.
5. Some employers said that they do not receive enough support in hiring persons with disabilities. For example, the employers were not informed in advance of what kind of work adjustment or environmental adaptation that they should prepare for their prospective disabled employees. Some employers never had experience in working with disabled persons. So they do not know how to adjust their work places to suit persons with disabilities. In most cases, this preparation is done after the disabled employees have started their work. If the employers can have enough time and information beforehand, they can prepare work places, co-workers and heads of the section in which disabled employees will work so that persons with disabilities will not have difficulties even at the very beginning. Some persons with disabilities never had work experience before. In this case, their first impression of the work places is very important. If they have bad impression, they may quit their job or may have problems with their chief or co-workers.
6. When there are seminars related to laws, rights and duties or anything related to employment of persons with disabilities, employers should be informed and invited. Nowadays, many employers never attend these events because they never hear about it.
7. The government officials who deal with employment of persons with disabilities should visit work places and inform employers about the laws, regulations, requirements, support and all information that they need to know.


JAPAN

Suggestions Made by Persons with Disabilities

1. Persons with disabilities themselves should make effort in getting a job by preparing themselves with vocational skills and knowledge.
2. Integrated work should be promoted. Persons with disabilities should have higher opportunities in open labor market.
3. Those who have severe disabilities should be able to choose whether to work or to live by the living allowance they receive because sometimes their physical condition or their health can get worse even though they have flexible working hours.
4. Persons with disabilities who work in sheltered workshop should be under labor law.
5. The support like sheltered workshop or third sector companies should be temporary. Persons with disabilities should be able to work with non-disabled persons.
6. Sheltered workshop and welfare factories are good for persons with disabilities especially those with severe disabilities.
7. The quota system is very helpful even for persons with disabilities who graduated from universities as some companies give higher priority to disabled applicants.
8. Laws that contain disqualifying clauses must be revised.
9. The Government must guarantee the right of labor and improve the working environments and conditions for disabled persons. For example, people with serious disabilities should be provided with both daily care and job assistance.
10. Working at home using IT skills should be encouraged more.


Suggestions made by Professionals

1. Persons with disabilities who work in sheltered workshop should be under labor law instead of welfare law because labor law provides more benefits.
2. There should be more employers’ incentives as rewards for employers who contribute to society by hiring persons with disabilities.
3. There should be more public awareness of the ability of persons with disabilities. Employers should hire persons with disabilities because they believe in their abilities, not because of the laws or incentives only.
4. Sheltered workshop should emphasize more on marketing. Some sheltered workshops are successful because they have good marketing strategies so that they can find market for their products.


Suggestions Made by Employers

1. There should be less paper work for employers of persons with disabilities and the process of getting support from the government should be less complicated and less time-consuming.
2. Employers are willing to hire persons with disabilities if they are qualified. The problem that some employers encounter is that not so many persons with disabilities apply for the vacancies. Moreover, some applicants with disabilities are not qualified. Therefore, it is difficult to find enough persons with disabilities to fulfill the quota (especially for employers who have many regular employees). The suggestion is that the government should make sure that the information about job vacancies reaches as many persons with disabilities as possible.
3. Third sector companies are helpful for both employers and persons with disabilities as these companies can employ persons with disabilities in a large number and it is easier to make environmental adjustment to the newly built factories rather than making architectural changes in the mother companies, which is difficult and sometimes impossible.
4. Employers’ incentives such as subsidies for salary of persons with disabilities and work place adaptation are good but it is time-consuming to fill out all forms and prepare many supportive documents.




SUMMARY

The study consisted of two main parts : documentary research and interview. The information about vocational rehabilitation of persons with disabilities was collected from various sources. The main sources of information were the professionals who were interviewed by the researcher. They gave booklets, papers, documents and introduced other sources of information such as university libraries, web sites, books, interesting events for the researcher to attend such as lecture, seminar or conference. They also recommended some other organizations for the researcher to visit for interview and to receive more information. Some of the interviewees are professors in the field of rehabilitation. They, therefore, gave individual lecture and explained the overview of rehabilitation system of Japan to the researcher. Some of them gave very useful suggestions and comments for the revision of the study. The suggestions made by the professionals, employers and persons with disabilities both in Japan and Thailand have been presented under the topic, “Suggestions”.
　　　Some suggestions made by the interviewees are contradictory. As the researcher observed during the interview, there are some different opinions between persons with severe and mild disabilities. An interviewee who has mild disability said that he benefited a lot from the quota system as employers give priorities to disabled applicants in the recruiting process because they want to hire persons with disabilities to fulfill the quota. While some persons with disabilities (most of whom are severely disabled persons) said the existing services are not practical and not very helpful. Interviewees with mild disabilities said persons with disabilities themselves should make effort and prove to employers and society that persons with disabilities are capable of working, while interviewees with severe disabilities said persons with disabilities should have the right to choose to work or not. And if they decide to work, they should have freedom to choose types of work they want based on their skills, knowledge and their interest. Some persons with disabilities said that they chose to live on the monthly allowances provided by the government and not to enter the labor market due to their severe disabilities and their health condition. Some of them work as volunteers or committee members of associations of persons with disabilities. They also consider it as their work but this kind of work is less demanding but more flexible than the work in the labor market.
　　　Another significant part of the study is the interview of employers, persons with disabilities (most of whom are leaders in disability movement) and the professionals in the area of vocational rehabilitation. The interviewees in all three groups gave many interesting critique and suggestions. From the interview, I found out that interviewees in some groups share common problems. For example, some professionals and persons with disabilities in Japan suggested that persons with disabilities who work in sheltered workshop should be covered by labor law not welfare law because workers under labor law can receive more fringe benefits and security. As for Japanese employers whom were interviewed, they all said they are willing to employ persons with disabilities. But they encounter some different problems such as difficulty in finding persons with disabilities appropriate for the job vacancies, and too much paper work concerning the hiring of persons with disabilities. Most of them said they would give priorities to applicants who have disabilities if both the disabled and non-disabled have similar qualifications related to that job.
In Thailand, the situation of vocational rehabilitation is still on its way of development. The quota system was just introduced into Thai society when the Rehabilitation of Persons with Disabilities Act was issued in 1991, with the ratio of 1 persons with disabilities per 200 regular employees (0.5%). The employers’ incentives to hire persons with disabilities are still not so useful according to the employers’ opinion. For example, employers who hire persons with disabilities can receive tax deduction (the certain amount of deduction is stated under the Chapter of Laws concerning Persons with disabilities in Thailand). However, tax deduction is just a small amount of money and they have to wait until the time of tax filing to receive the deduction while they already paid the salary to the disabled employees.
From the interview, I found that Japan and Thailand share a common issue ; it is much more difficult for persons with certain disabilities to get a job. These groups of people are : people with severe disabilities, people with mental disabilities (people with psychiatric and behavioral disabilities), and people with developmental disabilities (or so-called intellectual disabilities in Japan).


The governmental offices in charge of vocational rehabilitation in Japan and Thailand

The main governmental office in charge of vocational rehabilitation in Japan is Japan Association for Employment of the Disabled (JAED). And in each prefecture, there is the Public Employment Security Office (PESO). In Thailand, the governmental office in charge of vocational rehabilitation is the Office of the Committee of Rehabilitation of Disabled People (OCRDP). And in each province, there is the Provincial Public Welfare Office. The work and responsibilities of these offices have been described earlier under the topic, "Vocational Rehabilitation in Japan and Thailand".
　　　Another main part of the study is about laws and regulations related to persons with disabilities. For Japanese laws, 30 laws related to persons with disabilities were listed with some description. The Law for Employment Promotion, etc. of Persons with Disabilities (Japanese Law) was explained in more details and was analyzed and compared with Rehabilitation of Persons with Disabilities Act (Thai Law). These two laws have many things in common but the most significant characteristic is the quota system and levy and grant system. However, there is difference in the details. The ratio of disabled employees in Japan is 1.8% for private companies and 2.1% for government agencies. In Thailand, the ratio is 0.5% for private companies, but there is no requirement for government agencies and state enterprises to hire persons with disabilities. The suggestion to revise this law was highly recommended by the interviewees who are disabled leaders in Thailand. This idea was also supported by the professionals and employers. For levy system in both countries, employers who do not meet the quota must send money as levy to the government. If they do not, there is no punishment stated in both laws. However, in Japan, the names of the work places that do not follow the laws are publicized. However, this kind of social punishment is not practiced in Thailand.
. The Law for Employment Promotion, etc. of Persons with Disabilities and the Rehabilitation of Persons with Disabilities Act provide some benefits for employers who hire persons with disabilities. The incentives for employers in Japan are subsidies for salary of employees with disabilities and for environmental adjustment in work places. In Thailand, employers receive tax deduction for the salary and the environmental adjustment.
　　　There are also other laws related to persons with disabilities. In Japan, there are more laws in specific areas of rehabilitation and for specific groups of persons with disabilities such as Law for the Welfare of Physically Disabled Persons (1949), Law for the Welfare of Mentally Retarded Persons (1960) and Child Welfare Law (1947). For Thai laws, the Rehabilitation of Persons with Disabilities Act B.E. 2534 covers parts that mention about rehabilitation of people with different types of disabilities. As for children with disabilities, they are also included the Rehabilitation of Persons with Disabilities Act.

The following comparisons are made for each law of Japan and Thailand.

Japan
- Law for Promotion of Research, Development and Distribution of Technical Aids and Equipments (1993)
Thailand
- There is no law in Thailand that is issued especially for this purpose but the distribution of technical aids and equipments is stated in the Rehabilitation of Persons with Disabilities Act. However, there is no special law to support the research, development and distribution of technical aids and equipments.

Japan
- Law concerning Mental Health and Welfare for Mentally Disabled Persons (1950)
Thailand
- There is no law especially issued for mentally disabled persons but there is also support for them such as medical care, promotion of social rehabilitation and vocational rehabilitation.
Main measures of Law concerning Mental Health and Welfare for Mentally Disabled Persons are compared with those of Thailand as follows:

Japan
- Establishment of Mental Health and Welfare Centers in all prefectures.
Thailand
-There are Mental Health Centers in all 4 parts of Thailand but not in every province.
Japan
- Issuing of Mentally Health and Welfare Notebook.
Thailand
- Issuing of Notebook for persons with disabilities (both physically and mentally) who live in Bangkok is done by the Office of Committee of Rehabilitation of Persons with Disabilities. For persons with disabilities who live in other provinces, they can have it done at the Provincial Public Welfare Office.

Japan
- School Education Law (1947)
The law provides education for disabled children such as general classes, special classes, non-residential classes, special schools and itinerant teaching, etc.
Special classes in regular elementary and secondary schools may be classified into classes for mental retardation, orthopedic disability, weakness, visual impairment and hearing impairment. Special Schools for Disabled Children are established for the blind, the deaf, the orthopedically disabled, the mentally retarded and the weak children.
Thailand
- National Education Act
In this act, all children, with or without disabilities are guaranteed education accessibility. There are services for students with disabilities such as general classes, special classes, special schools for the blind, the deaf the orthopedically disabled, the mentally retarded, but no special schools or classes for weak children.
- Article 15 of Rehabilitation of Persons with Disabilities Act B.E. 2534
Disabled person who has been registered in accordance with Article 14 shall be entitled to the following development and rehabilitation :
(2) Education in consonance with the vocational or university
education under the National Education Plan as considered
appropriate. Such education may be provided in the special
school or through mainstreaming in the ordinary school
whereby the Center for Innovation and Technology attached to
the Ministry of Education shall provide support as deemed
appropriate.

Japan
- Employment Insurance Law (1974, Law No. 116)
There is fundamental allowance which secures life of non-employees till they find new employment and re-employment allowance for those who find work in a shorter period.
* Fundamental Allowance -- Additional days counted are qualified.
* Employment Preparatory Allowance ? If re-employed with conditions fulfilled. 30 days fundamental allowance is granted.
Thailand
- There is no employment insurance law in Thailand. No fundamental allowance and no re-employment allowance are provided.

Japan
- Law for Promoting Businesses that Facilitate the Use of Communications and Broadcast Services by the Physically Disabled Persons (1993)
The law promotes services to make media like telecommunications and broadcast accessible to people with disabilities. For instance, subsidies are given for the production of superimposed television programs or those with narrations explaining the action.
Thailand
- There is no specific law but there is a policy of information accessibility for persons with disabilities. However, services are still limited. There are no services like subscriptions for TV programs or videos with close caption. There is one television channel that provides sign language interpreters for deaf viewers. There are no subsidies from the government for the production of superimposed TV programs or those with subscription. However, this issued was raised at the seminar on the topic, "Strategy to
Develop Quality of Life of Persons with Disabilities" at Suan Dusit Rajabhat Institute on October 10, 2002 chaired by the Prime Minister of Thailand,

Japan
- Law for Buildings Accessible to and Usable by the Elderly and Physically Disabled Persons (1994, Law No. 44)
The law aims to build public buildings which meet the needs of people with disabilities. It is also called “Heartful Building Law.”
The owners of specialized buildings (hospitals, theaters, meeting places, exhibition centers, department stores, hotels, etc., which are used by all) are encouraged to modify designs of entranced, corridors, stairs, washrooms, etc. Prefectural governor may give advice, as well as order to modify or to withdraw owner authorization.
Thailand
- The accessible buildings and public services are stated in the Rehabilitation of Persons with Disabilities Act B.E. 2534 (1991).
Article 17
In order to protect and assist disabled persons, the Minister shall have the power to issue the Ministerial Regulations prescribing
(1) The characteristics of the buildings, sites, vehicles or other public services requiring installment of equipment to directly facilitate disabled persons.
Article 18
An owner of a building, site, vehicle or a service provider who provides equipment to directly facilitate disabled persons as stipulated in Section 17(l) is entitled to deduct double the expenses incurred for such purpose from the net income or net profit of the year during which those expenses were incurred, as the case may be, in accordance with the Revenue Code.

Japan
- Income Tax Law (1965)
Taxpayers with disability or who have disabled family member may get exemption of income tax. The exemptions are as follows:
* Specified disabled persons, that is (a) Grade 1 or 2 in a physically disabled person’s handbook or (b) Severe level in a handbook for people with mental retardation - Yen 350,000
* Disabled persons other than above - Yen 270,000
Thailand
Persons with disabilities and their families do not get exemption of income tax.

Japan
- Inheritance Tax Law (1950, Law NO. 73)
Inheritance tax is reduced in the case of disabled persons’ heir.
* Up to 70 years of age - Yen 60,000 per year (Yen 120,000 for specified disabled persons)
Thailand
There is no tax reduction for disabled persons’ heir.

Japan
- Consumption Tax Law (1988)
* Items for disabled persons (e.g. prosthesis, cane, artificial eyes, Braille writer and wheelchair) are exempted from consumption tax.
Thailand
The Ministerial Regulation No.3 B.E.2537 (1994) issued in Pursuant to the Rehabilitation of Persons with Disabilities Act B.E.2534 (1991) states that “In case when disabled persons receive medical rehabilitation service according to No.2 and must use prosthesis or any of supporting equipment, the medical facility must arrange such needed equipment for the disabled person. If the medical facility does not have the needed prosthesis, supporting equipment, the medical facility can contact and request for needed equipment from Sirindhorn National Medical Rehabilitation Center, Department of Medical Service, Ministry of Public Health.”
The Ministerial Regulation No.4 states that “When the received prosthesis or requested equipment as stated in No.3 does not function properly or needs repairment,
the medical facility according to No.2 can do the repair service or change part of the equipment at free of charge.”

Japan
- Local Tax Law (1950)
Local Resident Tax is reduced (disabled persons with annual incomes of Yen 1,250,000 or less get a tax exemption). Exemption amounts are as follows:
* Specified disabled persons - Yen 280,000
* Other disabled persons - Yen 260,000
Thailand
In Thailand, there is no local resident tax. Therefore, there is no exemption of reduction of it.

Japan
- There are cases of reduction or exemption from automobile taxes, light mobile taxes and automobile purchase taxes.
Thailand
- There is no reduction or exemption from automobile taxes, light mobile taxes and automobile purchase taxes.



    --------------------------------------------------------

REFERENCES

Amendment of Laws that Limit Persons with Disabilities from Full Participation in Society : Focusing on Laws that Limit the Rights to Work. (2003) Assoc. Prof. Wiriya Namsiripongpan et all

Asia and Pacific Journal on Disability Vol. 37 No. 05 May 1,1998. Nobuo Matsui, Senior Researcher, the National Institute of Vocational Rehabilitation.

Asian and Pacific Decade of Disabled Persons 1993-2002. United Nations. (1993).

Disability Statistics in Japan. available on homepage http://www.dinf.ne.jp/doc/english/asia/resource/z00ap/003/z00ap00309.htm

Document A29/INFDOCI/1, Geneva, Switzerland, 1976. World Health Organization.

Employers’ Support Concerning Employment of Disabled Persons (2000). Japan Association of Employment of Disabled Persons (JAED)

Employment and Its Promotion of Disabled Persons in Japan : A Guide to Employment for Employers and Disabled Persons (2000). Japan Association for Employment of the Disabled (JAED).

Fundamental Principles of Disability, London, 1976. Union of the Physically Impaired Against Segregation

International Classification of Impairments, Disabilities, and Handicaps: A manual of Classification relating to the Consequences of Disease (Geneva, 1980). World Health Organization

International Standards, ILO Convention 159 and Recommendation 168, The International Labour Organization (ILO)

Positive Actions against Legal Barriers Have Been Successfully Rewarded (June 2001):
the Japanese Society for Rehabilitation of Persons with Disabilities(JSRPD)

Promotion of Employment for People with Disabilities (2001) : Suporntum Mongkolsawadi

Rehabilitation of Persons with Disabilities Act B.E. 2534 : available on homepage, http://www.dredf.org/symposium/thailand.html

Report 2000 Japan National Assembly of Disabled Peoples' International : DPI Japan

Revision of the World Population Estimates and Projections. Population Division - United Nations. (1998). (homepage) http://www.popin.org/pop1998.

Survey of Actual Situation of Physically Disabled Persons1993. Ministry of Health and Welfare

The Constitution of Japan : available on homepage http://www.mizuho-sc.com/english/ebond/law/constitution.html

The Constitution of the Kingdom of Thailand : available on homepage http://www.krisdika.go.th/law/text/lawpub/e11102540/text40.htm#48

The Country Profile of the Kingdom of Thailand : March 2002. Japan International Cooperation Agency, Planning and Evaluation Department.

The Standard Rules on the Equalization of Opportunities for Persons with Disabilities (1994). United Nations.

The 30 Selected Japanese Laws Related to Persons with Disabilities : Japanese Society for Rehabilitation of Persons with Disabilities (JSRPD)

The UN and Persons with Disabilities. Available on homepage http://www.un.org/esa/socdev/enable/disun.htm. United Nations.

The World Factbook 2002 available on homepage :
http://www.cia.gov/cia/publicatons/factbook/geos/ja.html

Towards Equalizing Opportunities for Disabled People in Asia (1994). ILO








APPENDIX

QUESTIONS OF THE INTERVIEW


Questions for Professionals of Vocational Rehabilitation

Part I : General Information

1. Age
2. Job title

Part II : Information about the Organization

1. Please describe your organization.
2. What are your responsibilities in this organization?
3. What are the problems that occur in your work and what are your suggestions?

Part III : Suggestions for Vocational Rehabilitation of Persons with Disabilities

1. What are your suggestions for vocational rehabilitation of persons with disabilities?



Questions for Persons with Disabilities

Part I : General Information

1. Age
2. Occupation
3. Activities related to disability work or movement

Part II : Vocational Rehabilitation Services

1. Have you ever used vocational rehabilitation services?
If no, why?
If yes, what are the services that you receive? From where?
2. Are there any problems that you encounter from receiving vocational rehabilitation?
If yes, what are they?
3. What are your suggestions for improvements of vocational rehabilitation services?



Questions for Employers

Part I : General Information

1. Age
2. Job title

Part II : Information about the Work Place

1. Please describe your organization/company/agency, etc.
2. Please describe your job.
3. How many employees in your organization/company/agency?
4. How many employees with disabilities?
5. How are they recruited into this position?
6. What is your opinion about employing persons with disabilities?
7. In employing persons with disabilities, what kind of support do you receive from the government?
8. What are other kinds of support that you need?

Part III : Suggestions for Vocational Rehabilitation of Persons with Disabilities

1. What are your suggestions for vocational rehabilitation of persons with disabilities?





RESEARCHER'S BIOGRAPHY


Name Miss Arunee Limmanee

Job Title Lecturer

Work Place Ratchasuda College, Mahidol University

111 Phuttamonthon Sai 4 Rd., Salaya, Nakornpathom 73170, Thailand

Tel. (662) 8895315 ext. 224, Fax (662)8895308

Email : shalm@mahidol.ac.th

Education

Bachelor of Arts (second class honors) English Major
Thammasat University, Bangkok, Thailand

Master of Social Work
Washington University, St. Louis, MO, USA




     --------------------------------------------------


NOTES:

1 International Classification of Impairments, Disabilities, and Handicaps: A manual of classification relating to the consequences of disease (Geneva, 1980). World Health Organization
2 Fundamental Principles of Disability, London, 1976. Union of the Physically Impaired Against Segregation

4 United Nations. (1993). Asian and Pacific Decade of Disabled Persons. 1993-2002 Homepage P. 1
5 Population Division - United Nations. (1998). Revision of the world population estimates and projections. (homepage) http://www.popin.org/pop1998.
6 United Nations. (no date). The UN and Persons with Disabilities. (homepage) http://www.un.org/esa/socdev/enable/disun.htm.
7 ILO. (1994). Towards Equalizing Opportunities for Disabled People in Asia : A Guide. P. 1.
8 United Nations. (1993). Asian and Pacific Decade of Disabled Persons. 1993-2002 : The Starting Point. P. 31
9 United Nations. (1994). The Standard Rules on the Equalization of Opportunities for Persons with Disabilities.

11 International Standards, ILO Convention 159 and Recommendation 168, The International Labour Organization (ILO)
12 Document A29/INFDOCI/1, Geneva, Switzerland, 1976. World Health Organization.
13 Fundamental Principles of Disability, London, 1976. Union of the Physically Impaired Against Segregation
14 International Classification of Impairments, Disabilities, and Handicaps: A manual of classification relating to the consequences of disease (Geneva, 1980). World Health Organization
15 Disability Statistics in Japan. available on homepage http://www.dinf.ne.jp/doc/english/asia/resource/z00ap/003/z00ap00309.htm
16 The World Factbook 2002 available on homepage :
http://www.cia.gov/cia/publicatons/factbook/geos/ja.html
17 Employment and Its Promotion of Disabled Persons in Japan : A Guide to Employment for Employers and Disabled Persons. Japan Association for Employment of the Disabled (JAED).
18 Asia and Pacific Journal on Disability Vol. 37 No. 05 May 1,1998, Nobuo Matsui, Senior Researcher, the National Institute of Vocational Rehabilitation.
19 Survey of Actual Situation of Physically Disabled Persons1993. Ministry of Health and Welfare
20 Employers’ Support Concerning Employment of Disabled Persons. Japan Association of Employment of Disabled Persons (JAED)
21 The Country Profile of the Kingdom of Thailand : March 2002. Japan International Cooperation Agency, Planning and Evaluation Department.
22 The Constitution of the Kingdom of Thailand : available on homepage http://www.krisdika.go.th/law/text/lawpub/e11102540/text40.htm#48
22' The Constitution of Japan : available on homepage http://www.mizuho-sc.com/english/ebond/law/constitution.html
23 Rehabilitation of Persons with Disabilities Act B.E. 2534 : available on homepage, http://www.dredf.org/symposium/thailand.html
24 The 30 Selected Japanese Laws Related to Persons with Disabilities : Japanese Society for Rehabilitation of Persons with Disabilities (JSRPD)
25 Report 2000 Japan National Assembly of Disabled Peoples' International : DPI Japan
25' Mr. Kenji Itayama is Vice President of Japanese Society for Rehabilitation of Persons with Disabilities (JSRPD)
26 Amendment of Laws that Limit Persons with Disabilities from Full Participation in Society : Case Study on Laws that Limit the Rights to Work. Assoc. Prof. Wiriya Namsiripongpan et all
27 Measure No. 1) and No. 2) were presented by the Minister of Education at the seminar on the topic, "Strategy to Develop Quality of Life of Persons with Disabilities" at Suan Dusit Rajabhat Institute on October 10, 2002 chaired by the Prime Minister of Thailand
28 Positive actions against legal barriers have been successfully rewarded (June 2001):
the Japanese Society for Rehabilitation of Persons with Disabilities(JSRPD)