障害者施設関係法と現状に関する考察

抄録

A considerable gap exists between the legal provisions and the reality concerning disability facilities in present-day Japan. This is primarily due to the widening gap between social roles allocated toward these facilities by the legal system, and the actual support provided by them on a day-to-day basis. In addition, the disability support currently provided in Japan has been determined based on the requirements of the service user's family, rather than respecting the needs of the actual support service user. The popularization of "normalization" has furthered understanding and wide-spread acceptance of the idea that living in a community is more beneficial for a disabled person than spending their life in a support facility. However, this brings with it a lot of issues because a) the social welfare corporations managing private facilities have until now been set up based on a charitable and philanthropic approach toward the welfare of disabled people, and b) the business management of these corporations has not been subject to investigations resulting in subsequent legal developments. It is now critical that the law clarifies the nature, social value, and significance of disability support facilities within Japan's social structure.