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1997-1998

The Swedish Law of LSS in 1994: Some Questions for Japan's Treatment of the Handicapped.

Sweden has the some laws for handicapped or the socially challenged. These laws can supply finer service to their citizens than Japanese laws do to ours. Moreover, Swede thinks of this law as natural in spite of high tax required to maintain it. There isn't such a law and national atmosphere in Japan. This is bad point of Japan, so we should change this atmosphere. To gain the solution of this problem, I will answer the following two questions.

  1. Why does Sweden have such a law and atmosphere?
  2. Doesn't the Japanese have a generous national mind like the Swedish?

To answer these two questions, first I will discuss the Swedish LSS law. Next, I will discuss the Swedish social structure and national atmosphere, both of which are background of LSS law. Finally, I will compare this to the Japanese social structure and national atmosphere. First, let me give some background information on the LSS law. As Melana Sjoberg observes:

The LSS law came into force on 1st January 1994. This law defined two states. First one is that this law gives people with severe functional disabilities, either physical or mental, the legal right to ten different kind of support and service. Second one is that the municipalities must take over care for the mentally handicapped from the county councils before 1996. (Sjoberg 1, 2)

Let us look now at the contents of LSS law, particularly the ten services or rights that the law grants.
   

(1) Advice and personal support
Social welfare officer, psychologist, speech therapist give expert knowledge and what it is like to live with severe disabilities to handicapped people entitlement
(2) Personal assistance
A system in which handicapped can get professional help
(3) Escort service
those who are entitled to personal assistance have their assistants with them when they go to work to town, and so on
(4) Contact person
This is not a job, but space time activity. The contact person is like a friend, someone about the same age and similar interest. He or she gives advice and plays together.
(5) Relief services in the home
This service is one for parents who have handicapped in order to relieve their children. This system is available at weekends and holiday.
(6) Short-term stays away from home
The purpose of this service are the recreation of handicapped and the rest of family. This system is available twenty-hours a day Including weekends and public holidays.
(7) Short time minding of school children over 12
This service is performed before and after school and during school holidays
(8) Foster home and special housing for young people
On an emergency or as needed basis.
(9) Special housing for adults
This system services homes and shelter housing. In this service, the most important thing is to enable people to lead an independent lives.
(10) Daily activities
This system is not employment either don't have aim to earn money by producing something. This service aims to make it easy for participants to adapt to a 'normal' working life or sheltered employment. (adapted from Sjoberg 2, 3)

Who will benefit from these rights? Persons with severe disabilities and others in need.

Like the above, the Swedish government supplies close service to the disabled. By what kind of social structure is this law carried out? According to Malena Sjoberg, the municipalities mainly carry out LSS law; moreover, Swedish government gives municipalities enough financial sources to carry out LSS law (2). Indeed, municipalities supply closer service than government to social weak, so In Sweden the rule of municipalities is important. Namely, the service of volunteer isn't good because there may rise compromise, so the services of expert that earns money from official service work (Sjoberg 3). On the other hand, where does Swede government get financial resources for such settled welfare? They get their financial resources from their high tax system. Noriko Kunpa observed, Swede tax burden rate is 50 % against Swedish GNP, and the tax for goods is 25% (12-15). By these ways, handicapped take the services. What kind of life is theirs? One of them who uses LSS law said he could exchange different values of person with his contact person (Sjoberg 3). In addition, the user of the service can complain about the service from any county council or municipality. If he or she wants to bring a suit against the authority, he or she can do (Sjoberg 6).

Having discussed the LSS law, I will now discuss the Swedish allows such services. The following two causes have historically formed their atmosphere. First one is their hard climate condition. Sweden is located in north Europe. It is very cold. In addition, Sweden has a small population. These facts mean that the Swedish people need closer relationship (Kunpa 12-25). We can read about such relationships, in the records of the 18th century. For example, in 18-century, Swedish communities took care of old people together. Noriko mentions the case of an old lady who couldn't move by herself and so got care from each family of her community. More concretely, she stayed in one people's house in a few days, so the host family takes care of her. After one family's care finished, another family takes care of her for a few days, and so on. By above social mutual help system, the Swedish society-even with a small population--can survive through severe winter.

These are the historical explanations to the atmosphere of Sweden. How does Swedes think about their mutual system? Most of them have accepted their welfare system in spite of high tax. The following way of thinking supports this attitude. Swedish people view a handicapped not as an individual characteristic. Rather, they think that the environment needs to be adjusted instead. In other words, as Sjoberg notes, "it is only when environment is not adapted to the individual's requirements that an injury or impairment becomes a handicap" (2).

This thought makes municipalities have duty to supply enough care and the high tax for enough care acceptable. However, some people still have complaints. Especially, the presidents and executives of company complain. Because they are imposed a high tax on, they can't get enough profits in comparison with businesses in other Europe countries. In the present, some companies escape from the high taxation country by relocating elsewhere in the EU (Okazawa 199-200). Furthermore, there are some misgivings about the LSS law. Sjoberg warns that

Just when people with severe functional impairments have been given legal rights, many community services become more expensive. When both the country councils and municipalities have to make savings, and unemployment is rising, It is often those who already have some kind of problem, such as a functional impairment, who suffer most. (2)

Sjoberg also illustrates the difference of each municipality:

Nor do all municipalities have the knowledge required to provide the support people need. It is especially difficult for the small municipalities, where there are few people with severe handicaps, to build up the necessary expertise. (6)

Even in country proud of its high-level welfare, there are new crises.

Finally, however, the Swedish commitment is still very strong. So I want now to compare the Japanese understanding of welfare with comparing with Swedish one. The fixed form of family represents Japanese idea. From the past, father is strongest in the family in Japan, and the mother keeps the household. Although there is relationship of neighborhood, it is more typical that each family takes care of its own handicapped and old people. Now, long times ago, in the Nara or Heian periods, how was Japanese welfare? I will approach welfare of these periods by discussing the Buddhism and Confucianism on which Japanese atmosphere was based.

First, on Buddhism, Ikeda explains that Buddhist carries out good movement for a Buddhist saint. In this case, the good movement means mercy (zihi) and the target of good movement means good field (hukuden) (Ikeda 28). That is to say, it is good movement to care for weak people with mercy heart, and this one become one's benefit. On the contrary, welfare, which based on Confucianism, appears loving-kindness politics (Ikeda 20). As you know from the above sentences, a long time ago, welfare was a present from a person in power; moreover, the public think that the persons in power try to benefit by their welfare.

Next, during the period of samurai, the central government of the court noble collapsed, and strength became most important thing. There were no governments which supply welfare, and weak people were the obstacles to power. As a result, the family with handicapped had to care for them by themselves by them. The humiliation of the handicap, and the concept of family care, emerged in this period. The practice of social welfare, the welfare of government, did not start again until the big famine occurred during the Edo period (Ikeda 42). However, Japanese social welfare from this period ignored the neighborhood and blood relative connection. So in the present, the Japanese welfare system really doesn't function.

Actually, in the present, it is now impossible for only the family to take care of handicapped people and old people. We need service from both government and company. But because of the difference of the national atmosphere and history, it is not proper to apply Swedish law to our society. Instead, we have to abstract some available things from official service in Sweden. For example, we could think about the way the welfare of government changes the welfare of local authority like Swedish municipality's system. On the other hand, we have to also make a new system that doesn't exist Swedish society. This new system means also a system in which private companies help to supply care services.

However, such a system leaves some problems, such as cost. Recently, the new law of welfare, care and Insurance has been approved in Japanese Lower House. This law admits that private company can take part in the welfare market. In addition, the authority of using welfare transfers government to local authority. Japanese welfare is slowly changing. I cant know which this change is good or bad. Anyway, we have to use positively the new law and continue to think more useful way of it without disappointment. As Sjoberg said, "Nothing happened automatically" (3).

by Kanako Sakata


Works Cited

[Editor's note: Some of these citations may be either incomplete or incorrect.
This is should be understood as more our fault than the writer's. Thank you.
]

Sjoberg, Malena. "Current Sweden No 402." Swedish Institute March 1994: 1-19.

"About LSS."
http://www02.so-net.or.jp/bakama/sweden/disability/ (23-Aug-97).

Okazawa, Norio.  Challenge of Sweden.   Tokyo: Iwanami Sinsyo, 1997

Kunpa, Noriko.  "Is Sweden Happy Now?"  Japanese Association on Publication and Broadcasting 1991

Kinosita, Yasuzi.  Welfare of Sweden and Care for Old people.   Tokyo: Keisousyobou, 1992

Ikeda, Norimasa.  The way of Japanese welfare. Tokyo: Houritubunkasya, 1994

 
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