Basic Act for Persons with Disabilities


Published: 2011

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Basic Act for Persons with Disabilities

(Act No. 84 of May 21, 1970)

Table of Contents

Chapter I General Provisions (Article 1 to Article 13)

Chapter II Basic Measures to Support the Independence and Social

Participation of Persons with Disabilities (Article 14 to Article 30)

Chapter III Basic Measures Relating to the Prevention of Injuries and Diseases

Causing Disability (Article 31)

Chapter IV Commission on Policy for Persons with Disabilities (Article 32 to

Article 36)

Supplementary Provisions

Chapter I General Provisions

(Purpose)

Article 1 This Act, in accordance with the principle that all citizens, regardless

of whether or not they have a disability, should be entitled to dignity as

irreplaceable individuals enjoying fundamental human rights, provides for the

basic principles relating to the measures to support the independence and

social participation of persons with disabilities in order to ensure that no

citizens are divided according to whether or not they have a disability as well

as the realization of a society of coexistence with mutual respect for personality

and individuality, and moreover, aims to clarify the responsibilities of the

national government and local public entities, and to promote in a

comprehensive and systematic manner measures to support the independence

and social participation of persons with disabilities by such means as providing

for the matters serving as the basic measures to support the independence and

social participation of persons with disabilities.

(Definitions)

Article 2 In this Act, the meanings of the terms listed in the following items are

as prescribed in the respective items.

(i) "Person with a disability" refers to a person with a physical disability, a

person with an intellectual disability, a person with a mental disability

(including developmental disabilities), and other persons with disabilities

affecting the functions of the body or mind (hereinafter referred to

collectively as "disabilities"), and who are in a state of facing substantial

limitations in their continuous daily life or social life because of a disability

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or a social barrier.

(ii) "Social barriers" refers to items, institutions, practices, ideas, and other

things in society that stand as obstacles against persons with disabilities

engaging in daily life or social life.

(Coexistence in the Local Community)

Article 3 Assuming that all persons with disabilities should be entitled to

dignity as individuals enjoying fundamental human rights equally to persons

without disabilities, and possess the right to be guaranteed a life befitting of

such dignity, the realization of the society provided for in Article 1 must be

achieved to the effect of the following matters.

(i) All persons with disabilities are guaranteed the opportunity to participate

in activities in society, the economy, culture, and other fields as constituent

members of society.

(ii) All persons with disabilities are guaranteed the opportunity, insofar as

possible, to choose where and with whom they live, and are not precluded

from co-existing with other people in the local community.

(iii) All persons with disabilities are guaranteed the opportunity, insofar as

possible, to choose their language (including sign language) and other means

of communication for mutual understanding; and opportunities for them to

choose the means of acquisition or use of information will be expanded.

(Prohibition of Discrimination)

Article 4 (1) No person may commit an act of discrimination or any other act

which violates interests or rights against a person with a disability on the

basis of the disability.

(2) When a person with a disability currently requires the removal of a social

barrier and if the burden associated with said implementation is not excessive,

necessary and reasonable accommodation must be given to implementing the

removal of the social barrier so as not to be in violation of the provisions of the

preceding paragraph by denial to do so.

(3) For the purpose of disseminating awareness and knowledge relating to the

prevention of action in violation of the provisions of paragraph (1), the national

government is to collect, organize, and provide necessary information in order

to prevent such action.

(International Cooperation)

Article 5 The realization of the society provided for in Article 1 must be

conducted under the framework of international cooperation in view of the fact

that the measures for the realization of such a society are closely related to the

measures being taken by the international community.

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(Responsibilities of the National Government and Local Public Entities)

Article 6 The national government and local public entities are responsible for

implementing in a comprehensive and systematic manner the measures to

support the independence and social participation of persons with disabilities

in accordance with the basic principles provided for in the preceding three

Articles (hereinafter referred to as "basic principles") in order to realize the

society provided for in Article 1.

(Public Understanding)

Article 7 The national government and local public entities must take the

necessary measures to increase public understanding concerning the basic

principles.

(Responsibilities of the People)

Article 8 The people must endeavor to contribute to the realization of the society

provided for in Article 1 in accordance with the basic principles.

(Week for Persons with Disabilities)

Article 9 (1) The Week for Persons with Disabilities is established in order to

widely broaden interest and understanding among the people concerning the

basic principles and to promote the participation of persons with disabilities in

activities in society, the economy, culture, and other fields.

(2) The Week for Persons with Disabilities is to be the one week from December 3

to December 9 inclusive.

(3) The national government and the local public entities must endeavor to

implement programs which are suited to the spirit of the Week for Persons

with Disabilities in close cooperation and coordination with the organizations

in the private sector which are engaging in activities related to support for the

independence and social participation of persons with disabilities.

(Basic Policy for the Measures)

Article 10 (1) The measures to support the independence and social participation

of persons with disabilities must be systematically formulated and

implemented through a coordinated framework of cooperation in accordance

with the sex, age, state of the disability, and lifestyle of a person with a

disability.

(2) The national government and the local public entities must hear the opinions

of persons with disabilities and other relevant persons and endeavor to respect

such opinions when taking measures to support the independence and social

participation of persons with disabilities.

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(Basic Programme for Persons with Disabilities)

Article 11 (1) In order to promote comprehensive and systematic measures to

support the independence and social participation of persons with disabilities,

the national government must formulate a basic programme relating to

measures for persons with disabilities (hereinafter referred to as the "Basic

Programme for Persons with Disabilities).

(2) A prefectural government must formulate a basic programme relating to the

measures it will take for persons with disabilities (hereinafter referred to as a

"Prefectural Government Programme for Persons with Disabilities") in light of

the situation of persons with disabilities in the prefecture based on the Basic

Programme for Persons with Disabilities.

(3) A municipal government must formulate a basic programme relating to the

measures it will take for persons with disabilities (hereinafter referred to as a

"Municipal Government Programme for Persons with Disabilities") in light of

the situation of persons with disabilities in the municipality based on the Basic

Programme for Persons with Disabilities and the Prefectural Government

Programme for Persons with Disabilities.

(4) In addition to consulting the heads of the relevant administrative organs, the

Prime Minister must hear the opinion of the Commission on Policy for Persons

with Disabilities, prepare a draft of the Basic Programme for Persons with

Disabilities, and seek the approval of the Cabinet.

(5) A prefectural government must hear the opinion of the body with a council

system set forth under paragraph (1) of Article 36 when formulating a

Prefectural Government Programme for Persons with Disabilities.

(6) Where it has established the body with a council system set forth under

paragraph (4) of Article 36, a municipal government must hear the body's

opinion when formulating a Municipal Government Programme for Persons

with Disabilities, and in other cases, hear the opinions of persons with

disabilities and other relevant persons.

(7) When the national government has formulated the Basic Programme for

Persons with Disabilities, it must report this to the National Diet and publicize

an outline of the programme.

(8) When a Prefectural Government Programme for Persons with Disabilities or a

Municipal Government Programme for Persons with Disabilities has been

formulated in accordance with the provisions of paragraph (2) or paragraph (3),

the prefectural governor must report this to the prefectural assembly and

publicize an outline of the programme or the municipal mayor must report this

to the municipal assembly and publicize an outline of the programme.

(9) The provisions of Article 4 and Article 7 apply mutatis mutandis to any

changes to the Basic Programme for Persons with Disabilities, the provisions of

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Article 5 and the preceding paragraph apply mutatis mutandis to any changes

to a Prefectural Government Programme for Persons with Disabilities, and the

provisions of Article 6 and the preceding paragraph apply mutatis mutandis to

any changes to a Municipal Government Programme for Persons with

Disabilities.

(Legislative Measures)

Article 12 The national government must take necessary legislative and

financial measures in order to achieve the purpose of the Act.

(Annual Report)

Article 13 The national government must submit a report to the National Diet

every year on the state of the measures taken for persons with disabilities.

Chapter II Basic Measures to Support the Independence and Social

Participation of Persons with Disabilities

(Medical Care, Nursing Care)

Article 14 (1) The national government and local public entities must take the

necessary measures to provide necessary medical care benefits and

rehabilitation in order for persons with disabilities to restore, acquire, or

maintain their vital lifestyle functions.

(2) The national government and local public entities must promote research,

development, and expansion of the medical care and rehabilitation provided for

in the preceding paragraph.

(3) The national government and local public entities must take necessary

measures to ensure that persons with disabilities are able to receive

appropriate support for medical care, nursing care, healthcare, living, and

other appropriate support for their independence in accordance with the sex,

age, state of the disability, and lifestyle of the person with the disability.

(4) The national government and local public entities must endeavor to develop

specialized engineering officials or any other officials with expertise and skills

for implementing the measures provided in paragraph (1) and the preceding

paragraph.

(5) The national government and local public entities must take necessary

measures when providing medical care, nursing care benefits, or rehabilitation

to ensure that persons with disabilities are able insofar as possible to receive

them at a place close to them, and in addition, must fully respect their human

rights in doing so.

(6) The national government and local public entities must take necessary

measures including the provision or lending of welfare assistance devices and

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assistance dogs for persons with disabilities and other necessary measures to

enable persons with disabilities to engage in daily life or social life.

(7) The national government and local public entities must promote the research

and development of welfare assistance devices and training of assistance dogs

for persons with disabilities necessary for the implementation of the measures

provided for in the preceding paragraph.

(Pensions)

Article 15 The national government and local public entities must take the

necessary measures relating to the system of pensions, benefits, etc. in order to

contribute to the independence of persons with disabilities and the stability of

their lives.

(Education)

Article 16 (1) The national government and local public entities must give

accommodation to children and students with disabilities being able to receive

their education together with children and students without disabilities insofar

as possible, so that persons with disabilities are able to receive a full education

based on their age and capabilities and in accordance with their particular

characteristics, and must take necessary measures to improve and enhance the

contents and methods of the education.

(2) The national government and local public entities must provide sufficient

information to children and students with disabilities and their parents or

guardians and respect their wishes insofar as possible in order to achieve the

purpose of the preceding paragraph.

(3) The national government and local public entities must promote mutual

understanding between children and students with disabilities and children

and students without disabilities by proactively facilitating their interaction

and joint studies.

(4) The national government and local public entities must conduct surveys and

research, secure personnel and improve their qualities, provide suitable

educational materials, prepare school facilities, and otherwise develop a

suitable environment in relation to the education of persons with disabilit ies.

(Medical Care and Childcare)

Article 17 (1) The national government and local public entities must take

necessary measures so that children with disabilities are able insofar as

possible to receive medical care and childcare in their neighborhood and other

related support.

(2) The national government and local public entities must promote research,

development and expansion relating to medical care and childcare, train

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officers who possess expert knowledge and skills, and otherwise promote the

development of a suitable environment.

(Work Counseling)

Article 18 (1) While respecting the freedom of persons with disabilities to choose

an occupation, the national government and local public entities must endeavor

to secure diverse employment opportunities for persons with disabilities so

that persons with disabilities are able to engage in appropriate work suited to

their abilities, and must implement vocational counseling, vocational guidance,

vocational training, employment placement, and other necessary measures

giving consideration to the particular characteristics of each individual person

with a disability.

(2) The national government and local public entities must promote surveys and

research on the measures provided for in the preceding paragraph in order to

ensure diverse employment opportunities for persons with disabilities.

(3) The national government and local public entities must subsidize necessary

expenses and take other necessary measures to increase the number of places

for persons with disabilities to be able to engage in work activities in the local

community and the number of facilities offering vocational training.

(Promotion of Employment)

Article 19 (1) The national government and local public entities must give

priority employment to persons with disabilities and take other necessary

measures in order to promote the employment of persons with disabilities by

the national government and local public entities and employers.

(2) Employers must fairly assess the capabilities of persons with disabilities and

secure appropriate employment opportunities in relation to employing persons

with disabilities and must endeavor to achieve stability in their employment by

implementing proper employment management in accordance with the

particular characteristics of an individual person with a disability.

(3) The national government and local public entities must subsidize expenses

required for the preparation of facilities or equipment necessary to employ

persons with disabilities and take other necessary measures in order to reduce

the financial burden necessitated in the employment of persons with

disabilities, for the purpose of promoting and continuing such employment of

persons with disabilities.

(Secure Housing)

Article 20 The national government and local public entities must take

necessary measures to secure housing for persons with disabilities and to

promote the preparation of housing suited to the daily living of persons with

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disabilities to enable persons with disabilities to live a stable life in the local

community.

(Access to Public Facilities)

Article 21 (1) The national government and local public entities must implement

systematic promotion of measures such as preparing the structures and

equipment of facilities so that persons with disabilities are able to smoothly

use them with regard to government facilities, transportation facilities

(including transportation facilities such as vehicles, ships, and aircraft; the

same applies in the following paragraph), and other public facilities in order to

support the independence and social participation of persons with disabilities,

thereby increasing convenience of use for persons with disabilities.

(2) Enterprises establishing transportation facilities and other public facilities

must endeavor to implement systematic promotion such as preparing the

structures and equipment of facilities so that persons with disabilities are able

to smoothly use them with regard to such public facilities, in order to support

the independence and social participation of persons with disabilities thereby

increasing convenience of use for persons with disabilities.

(3) The national government and local public entities must take necessary

measures to ensure the development of the structures and equipment of public

facilities, which is provided for in the preceding two paragraphs, to be carried

out comprehensively and systematically.

(4) In public facilities which they themselves have established, the national

government and local public entities and enterprises establishing those public

facilities must increase convenience of use for persons with disabilities with

regard to assistance dogs for persons with disabilities that accompany persons

with disabilities for the purpose of assisting them in the use of said public

facilities.

(Access to Information)

Article 22 (1) The national government and local public entities must take

necessary measures such as expanding the use of user-friendly computers and

related equipment and other information and communications equipment,

increasing convenience for persons with disabilities relating to the use of

services for telecommunications and broadcasts, developing facilities for the

provision of information to persons with disabilities, and training and

dispatching staff to mediate in communications for persons with disabilities so

that persons with disabilities are able to acquire and use information smoothly,

express their intentions, and to communicate with other people.

(2) In addition to taking necessary measures so that necessary information is

quickly and accurately relayed to persons with disabilities in order to ensure

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safety in cases of disasters or other emergencies, the national government and

local public entities must give particular consideration to the convenience of

use for persons with disabilities being ensured when promoting the

informatization of administration and utilization of information and

communications technology in the field of public sector.

(3) Enterprises providing services relating to electronic communications and

broadcasting and other forms of provision of information, and engaging in the

manufacturing of computers, related equipment thereof, and other information

and communications equipment, must endeavor to ensure convenience of use

for persons with disabilities in providing said services or manufacturing said

equipment.

(Counseling)

Article 23 (1) While giving consideration to supporting the decision-making of

persons with disabilities, the national government and local public entities

must ensure that the counseling services for persons with disabilities, their

families and other related persons, the system of guardianship, and other

measures or systems to protect the rights and interests of persons with

disabilities are appropriately implemented or may be broadly used.

(2) The national government and local public entities are to develop the

necessary counseling framework through a coordinated framework of

cooperation among the relevant organs, and are to appropriately provide

support to the families of persons with disabilities to enable persons with

disabilities and their families to support each other and to provide other forms

of support, in order to respond comprehensively to various consultations from

persons with disabilities, their families, and relevant persons.

(Reducing the Economic Burden)

Article 24 The national government and local public entities must take tax

measures, reduce or exempt user fees for public facilities, or take other

necessary measures in order to reduce the economic burden on persons with

disabilities or those persons who support persons with disabilities or to

promote the independence of persons with disabilities.

(Development of Cultural Conditions)

Article 25 The national government and local public entities must develop

facilities, equipment and other conditions, subsidize activities relating to

culture, art and sports, and take other necessary measures so that persons

with disabilities are able to smoothly engage in cultural and artistic activities

and sports or recreation.

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(Disaster Prevention and Crime Prevention)

Article 26 The national government and local public entities must take

necessary measures relating to disaster prevention and crime prevention in

accordance with the sex, age, state of the disability, and lifestyle of persons

with disabilities so that persons with disabilities are able to lead a safe and

stable life in the local community.

(Protection of Persons with Disabilities as Consumers)

Article 27 (1) The national government and local public entities must provide

information in an appropriate manner and take other necessary measures so

that the interests of persons with disabilities as consumers are protected and

promoted.

(2) Enterprises must endeavor to provide information in an appropriate manner

so that the interests of persons with disabilities as consumers are protected

and promoted.

(Accommodation in Elections, Etc.)

Article 28 The national government and local public entities must develop

facilities or equipment for polling stations and take other necessary measures

so that persons with disabilities are able to smoothly vote at an election,

national referendum, or poll conducted pursuant to laws or ordinances.

(Accommodation in Judicial Proceedings)

Article 29 The national government and local public entities must provide

accomodation to securing a means of communication in accordance with the

characteristics of individual persons with disabilities, provide training for

relevant officers, and take other necessary measures so that persons with

disabilities are able to smoothly exercise their rights in cases where a person

with a disability has become subject to procedures relating to a criminal case

or a protection case for a juvenile or has become subject to equivalent

procedures, or in cases where he or she has become a party or some other

relevant person in the proceedings of a civil case, domestic relations case, or

administrative case at a court.

(International Cooperation)

Article 30 The national government is to endeavor to exchange information with

foreign governments, international organizations, and other relevant bodies

and take other necessary measures in order to promote measures to support

the independence and social participation of persons with disabil ities under a

framework of international cooperation.

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Chapter III Basic Measures Relating to the Prevention of Injuries and

Diseases Causing Disability

Article 31 (1) The national government and local public entities must promote

surveys and research relating to injuries and diseases causing disability and

their prevention.

(2) The national government and local public entities must disseminate

necessary knowledge, strengthen the health protection measures for maternal

and child health, promote the early detection and early treatment of injuries

and diseases, and take other necessary measures in order to prevent injuries

and diseases causing disability.

(3) In view of the fact that the prevention and treatment of intractable diseases

causing disability is difficult, the national government and local public entities

must endeavor to promote surveys and research on incurable diseases causing

disability and painstakingly promote measures for persons with disabilities

pertaining to intractable diseases.

Chapter IV Commission on Policy for Persons with Disabilities

(Establishment of the Commission on Policy for Persons with Disabilities)

Article 32 (1) A Commission on Policy for Persons with Disabilities (hereinafter

referred to as the "Policy Commission") is established in the Cabinet Office.

(2) The Policy Commission is responsible for the following affairs:

(i) Processing the matters provided for in paragraph (4) of Article 11 (including

cases in which this provision is applied mutatis mutandis pursuant to the

provisions of paragraph (9) of the same Article) relating to the Basic

Programme for Persons with Disabilities.

(ii) Studying and deliberating those matters provided for in the preceding item

and, where deemed necessary, offering an opinion to the Prime Minister or

each of the relevant Ministers.

(iii) Monitoring the status of implementation of the Basic Programme for

Persons with Disabilities and, where deemed necessary, making

recommendations to the Prime Minister or to the relevant ministers through

the Prime Minister.

(3) The Prime Minister or the relevant Ministers must report to the Policy

Commission with regard to the measures which have been taken on the basis of

a recommendation in accordance with the provisions of item (iii) of the

preceding paragraph.

(Organization and Operation of the Policy Commission)

Article 33 (1) The Policy Commission is composed of a maximum of thirty

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members.

(2) The members of the Policy Commission are appointed by the Prime Minister

from among persons with disabilities, persons engaged in business related to

the independence and social participation of persons with disabilities as well as

persons with relevant knowledge and experience. In this case, with regard to

the configuration of the members, the Policy Commission must give

consideration to make it possible to carry out studies and deliberations that

take into account the various opinions of persons with disabilities and the

actual situation of persons with disabilities.

(3) The members of the Policy Commission serve on a part-time basis.

Article 34 (1) If the Policy Commission deems it to be necessary in order to carry

out its assigned affairs, it may ask the head of a relevant administrative organ

to submit materials, express an opinion, give an explanation, or provide other

necessary cooperation.

(2) If the Policy Commission finds it particularly necessary in order to carry out

its assigned affairs, it may ask for necessary cooperation from a person other

than those prescribed in the preceding paragraph.

Article 35 In addition to those matters provided for in the preceding two Articles,

matters relating to the organization and management of the Policy Commission

are provided for by Cabinet Order.

(Body with a Council System in a Prefectural Government)

Article 36 (1) A council or other body with a council system is established under

a prefectural government (including the designated cities set forth under

paragraph (1) of Article 252-19 of the Local Autonomy Act (Act No. 67 of 1947);

hereinafter the same applies) in order to process the following matters:

(i) Processing the matters provided for in paragraph (5) of Article 11 (including

cases in which this provision is applied mutatis mutandis pursuant to the

provisions of paragraph (9) of the same Article) relating to the Prefectural

Government Programme for Persons with Disabilities.

(ii) Studying and deliberating matters necessary to promote comprehensive and

systematic measures for persons with disabilities in the prefecture, and

monitoring the status of the implementation of the measures.

(iii) Studying and deliberating matters requiring necessary coordination and

adjustment among relevant administrative organs for the promotion of

measures for persons with disabilities in the prefecture.

(2) Consideration must be given to the composition of the members of the body

with a council system set forth under the preceding paragraph so that the body

is able to conduct studies and deliberations listening to the opinions of various

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persons with disabilities and taking into account the actual situation of

persons with disabilities.

(3) In addition to the matters set forth under the preceding paragraph, the

necessary matters relating to the organization and management of the body

with a council system set forth under paragraph (1) are provided for by

prefectural or municipal ordinance.

(4) Pursuant to the provisions of a municipal ordinance, a municipal government

(excluding designated cities) may establish a council or a body with a council

system in order to process the following affairs:

(i) Processing the matters provided for in paragraph (6) of Article 11 (including

cases in which this provision is applied mutatis mutandis pursuant to the

provisions of paragraph (9) of the same Article) relating to the Municipal

Government Programme for Persons with Disabilities.

(ii) Studying and deliberating matters necessary to promote comprehensive and

planned measures for persons with disabilities in the municipality, and

monitoring the status of the implementation of the measures.

(iii) Studying and deliberating matters requiring necessary coordination and

adjustment among relevant administrative organs for the promotion of

measures for persons with disabilities in the municipality.

(5) The provisions of paragraph (2) and paragraph (3) apply mutatis mutandis to

cases where a body with a council system has been established pursuant to the

provisions of the preceding paragraph.

Supplementary Provisions [Extract]

(Effective Date)

1. This Act comes into force as from the day of promulgation.

Supplementary Provisions [Act No. 90 of August 5, 2011] [Extract]

(Effective Date)

Article 1 This Act comes into force as from the day of promulgation. However,

the provisions given in the following items come into force on the date specified

in each item.

(i) The provisions of Article 2, and Article 4 of the Supplementary Provisions,

Article 5 (limited to the parts pertaining to item (iii) and item (iv) of the

Table set forth under the same Article), paragraph (2) of Article 8 and Artic le

9 (limited to the parts pertaining to the revised provisions of the Table set

forth under paragraph (2) of Article 37 of the Act for Establishment of the

Cabinet Office (Act No. 89 of 1999)): the date specified by Cabinet Order

within a period not exceeding one year from the date of promulgation.

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(ii) and (iii) (Abbreviated.)

(Review)

Article 2 (1) The national government is to review the state of enforcement of

the Basic Act for Persons with Disabilities after revision pursuant to this Act

after three years have elapsed since the effective date of this Act, and take

necessary measures based on the results.

(2) The national government is to review the securing of a coordinated framework

of cooperation for healthcare, medical care, and welfare and otherwise the

direction of the support system for persons with disabilities in light of the

actual implementation of the measures corresponding to the disabilities so that

persons with disabilities are able to lead independent living while receiving

necessary support in the local community, and is to take necessary measures

based on such results.

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