The Law of Accessibility

By: Yoshihiko Kawauchi | September 19, 2005

Japan has a very serious challenge: it is aging at a rapid pace. Most experts say that more than 25 percent of the population will be age 65+ by 2014. It took only 24 years for the elderly population in Japan to grow from seven percent to 14 percent. The same demographic change took nearly 114 years in France. Since our society is in the midst of this rapid change, community accessibility and social welfare have become major policy issues.

Japan has taken a number of legislative steps to address these challenges. In 2000, Japan initiated the "Long-Term Care Insurance" system (LTCI) so senior citizens could receive enough care to lead dignified lives in their homes and communities. In 1994, Japan established "The Law for Promoting Easily Accessible and Useable Building for the Aged and the Disabled," nicknamed the "Heart Building Law." Revised in 2002, this law provides guidelines for accessibility to designated buildings. In 2000, Japan established "The Law for Promoting Easily Accessible Public Transportation Infrastructure for the Aged and the Disabled," or the "Barrier-Free Transportation Law," which requires public transport to be accessible. These laws and other initiatives led by the government and socially concerned architects, engineers, and advocates are beginning to make Japanese society accessible to all.

Accessibility and Infrastructure

Implemented in 1994, the "Heart Building Law" was revised in 2002. Its original aim was to encourage the proprietors of specialized public facilities opened to public (e.g. hospitals, government buildings, theaters, etc.) to modify the design of entrances, corridors, elevators, stairways, and washrooms to accommodate the needs of those with disabilities. In 2002, the scope and size of buildings were expanded and local governments were empowered to add stricter requirements to the national ordinance. Although it was just a recommendation in 1994, the law is now mandatory if the designated building is larger than 2000 square meters. However, the law is not yet mandatory for smaller buildings, such as small retail and grocery stores and restaurants. Disability rights organizations are currently supporting extending mandatory compliance of the law to smaller buildings.

The Japanese government has decided to revise the "Barrier-Free Transportation Law." In Japan, we have approximately 9,000 public transportation stations. Every station that is newly constructed or thoroughly remodeled has to comply with accessibility requirements. Towns or cities in Japan with stations that serve more than 5,000 passengers per day can assess their transportation infrastructure, including the roads and pedestrian paths that lead to the station, and draw up a plan that designates areas and contents of improvement. Major public transit hubs need to be more accessible to the general public, including the roads and pedestrian paths that lead to the station.

According to the government, 500 stations have already drawn up improvement plans, but this is just 20 percent of all targeted stations. We need to develop new methods to encourage them to develop action plans to address the needs of people with disabilities. This is not all bad news. There is a steady increase in the number of stations that are accessible—in 2000, only 29 percent were accessible for wheelchairs through elevators or other means, but by 2003 the number had risen to 44 percent. We hope that in five years the government's goal that all 2,700 stations will be wheelchair accessible will be realized.

The Barrier-Free Transportation Law also establishes a series of accessibility regulations that all public transport operators must adhere to. Most importantly, the law involves users in the planning process to determine the consensus needs of all individuals. Japanese citizens strongly support the current systems instituted under this law. Improvements to the law are slated to add to and strengthen the current accessibility regulations as well as update the goals based on progress completed thus far.

Conclusion

Policy reforms are moving too slowly to meet the rapid pace of Japan's aging society. We need to work harder and harder. The Ministry of Health, Labor and Welfare has said that we are at the door to the super- aged society. By the middle of the 21st Century, 33 percent of the Japanese population is expected to be age 65+. Japan aims at making this a super-aged society like no other the world has ever seen. The government's belief that it can create a society where all people can live healthy and comfortable lives is a true possibility. However, if the Japanese government intends to meet this goal, it will have to hasten its decision-making and implementation processes in the immediate future.

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