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CRPD and Japan: Overviews and Prospects, 2nd Edition

NAGASE Osamu, HIGASHI Toshihiro & KAWASHIMA Satoshi (Eds.) October 20, 2012 Seikatsu Shoin, 398p.
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『CRPD and Japan: Overviews and Prospects, 2nd Edition』



NAGASE Osamu, HIGASHI Toshihiro & KAWASHIMA Satoshi (Eds.) October 20, 2012 CRPD and Japan: Overviews and Prospects, 2nd Edition, Seikatsu Shoin, 398p. ISBN-10:4903690989 ISBN-13:978-4903690988 2,800 yen + tax [amazon][kinokuniya]

■Contents

The Convention on the Rights of Persons with Disabilities (CRPD) was adopted on December 13, 2006 and became effective on May 3, 2008 as the first main human rights convention in the 21st century. The number of signature of the Convention was 153, and of the Optional Protocol was 90, the number of ratification of the Convention was 107, and of the Optional Protocol was 63 as of the end of 2011. The Convention has been implemented internationally and supported by the high interests as has been shown in this number.

Although the Japanese Government signed the convention on September 28, 2007, they have not ratified it yet. The following three steps of major harmonization efforts have been taken. As the first step, the revision of the Basic Act for Disabled Persons was already conducted and secondly the establishment of General Welfare Act for Disabled Persons is also done. The third and final one, which is the establishment of Non-discrimination Act for Disabled Persons is under way...

With this measure, Japan is expected to ratify the CRPD. In such a time, the second edition of this book is published to contribute to theory and practice of the implementation of the CRPD before and beyond the ratification.

In this edition, the authors modified existing chapters to reflect the development concerning the convention both domestically and internationally. Moreover, this book includes new chapters, FUJII's paper on the policy reform for harmonization with the CRPD, YAMAZAKI's paper on measures for implementation of the convention, and HIKUMA's paper on the EU and the CRPD. In addition, this book includes the original translation by the government (2007), translation by KAWASHIMA and NAGASE, and the updated translation by the government in March 2009.


■Table of Contents

Preface to 2nd Edition

Chapter 1 Introduction: The UN Convention on Disability Rights……KAWASHIMA Satoshi & HIGASHI Toshihiro
Introduction
I   Necessity of the Convention: Gaps between Theory and Practice
II  Ideal of the Convention: Shift of the View of Disabled Persons
III Invention of the Convention: New Concept
IV  Structure of the Convention: Mixed Convention as Double Meaning
V  Subject of the Convention: From Definition to Concept
VI  Driving Power of the Convention: Participation of Disabled Persons
Conclusion

Chapter 2 Non-discrimination……HIGASHI Toshihiro
Introduction: Long Way to Go
I  Appearance of Non-discrimination Stipulation Based on Disability
II Non-discrimination under the UN Convention on Disability Rights
Conclusion: Establishment of Non-discrimination Act

Chapter 3 Forced Intervention and Institutionalization……YAMAMOTO Mari
Introduction
I  Discussion over Elimination of Forcing under the UN Convention on Disability Rights
II  Related Articles
III Relationship between Lawful Condition People with Mental Disorders Are Left and the UN Convention on Disability Rights
Conclusion: Prospects

Chapter 4 Access to Justice……HIGASHI Toshihiro
Introduction
I  Rights and Barriers under Judicial Proceedings
II  Issues concerning Criminal Proceeding in the Investigative Process
III  Issues concerning Criminal Proceeding in the Trial Process
IV  Utsunomiya Incident
V  Condition of Prisoners
Conclusion: Challenges concerning Ratification of the UN Convention on Disability Rights

Chapter 5 Sign Language and Communication……TAKADA Eiichi
Introduction: Beginning of the UN Convention on Disability Rights
I  Language
II  Education
III Communication and Sign Language
IV  Deaf Persons and Hard-of-hearing Persons/the Deafened
V   Participation into Cultural Life
Conclusion: Challenges concerning Equal Languages

Chapter 6 Education……NAGASE Osamu
Introduction: Points on Education
I  Background of Articles on Education
II  Process of Discussions on Education
III Final Articles
IV  Related Laws/Policies in Japan
Conclusion: Challenges for Japan

Chapter 7 Work and Employment……MATSUI Ryosuke
Introduction
I  Guaranteeing of the Rights to Disabled Person's Work and Non-discrimination
II  Measures for Guaranteeing and Promotion of the Rights to Disabled Person's Work
III Protection of Disabled Persons from Enslavement and Compulsory Work
IV  Related Law Systems , Challenges and Prospects in Japan
Conclusion

Chapter 8 Living Independently……SAI Takanori
Introduction: Basis of the Paradigm Shift
I  Articles for Living Independently
II  Examination of the Concept Related to Independent Living under the Treaty
III Issues in Japan
Conclusion: Toward Implementing the Rights for Living Independently

Chapter 9 Committee for Disability Policy Reform……FUJII Katsunori
I  Process of Establishing the Committee for Disability Policy Reform
II  Background of Establishing the Committee for Disability Policy Reform
III Committee Members and its Characteristics under Operation
IV  Achievements and Challenges

  Chapter 10 Implementation of the CRPD……YAMAZAKI Koshi
Introduction
I  Discussion over Monitoring of the Convention in its Drafting Process
II  Measures for its Implementation Domestically
III Measures for its Implementation Internationally
Conclusion

Chapter 11 The Formal Confirmation of the CEPD by the EU……HIKUMA Tomoko
Introduction
I  Formal Confirmation of the CEPD and Power of the EU
II  The EU's Participation in Establishing the CEPD and the Principles They Ask for
III Seven Areas and Nine Actions the EU and the Member Countries Co-work with
IV  Development of Guaranteeing of the Human Rights in the Area of Disability by EU
Conclusion

Material Convention on the Rights of Persons with Disabilities and Optional Protocol






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