Kayo Murayama
| Faculty of Humanities and Social Sciences,Department of Human Culture,Welfare Course | Lecturer |
Last Updated :2025/11/03
■Researcher basic information
■Career
Career
■Research activity information
Paper
- 判例研究：大阪地裁令6年12月23日判決・令5年（わ）4920号
Jun. 2025 - 判例評釈：名古屋地裁令6年１月30日判決・令2（ワ）4014号
Jun. 2025 - 判例評釈：大阪高判5年1月24日判タ1512号136頁
Jun. 2024 - The Japanese first examination of the Convention on the Rights of Persons with Disabilities: focusing on the rights of children with disabilities
Jun. 2024, [Reviewed]
In August 2022, the first review of Japan’ s compliance with the Convention on the Rights of Persons with Disabilities was held. This article examines the Japanese government’ s response to the review considering Japan’ s laws, measures, and policies for persons with disabilities, focusing on inclusive education and comprehensive sexual education to prevent sex crimes. Regarding inclusive education, the government response did not mention (1) plans to examine or address segregated education, (2) school selection based on medical models, (3) school selection lawsuits for children with disabilities (CWD), or (4) legal precedents that allow schools not to provide Individual Education Support Plans. Regarding the prevention of sex crimes against persons with disabilities, the government did not address (1) the Ministry of Justice report on Criminal Law, (2) sexual education Course of Study provisions that lack information on the process of pregnancy, and (3) teachers who implemented comprehensive sexual education and received administrative punishment. Following these findings, this article recommends further steps be taken to ensure inclusive education and comprehensive sexual education for CWD in Japan.. - 判例評釈：神戸地裁令4年5月25日判決・平30（ワ）2097号・平成30（ワ）2098号
Jun. 2023, [Invited] - 判例評釈：静岡地沼津支令3年5月26日判決・平29（ワ）120号
Jun. 2022, [Invited] - 特別養護老人ホームにおけるケアと刑事責任
Mar. 2022 - 判例評釈：福岡高判令2年7月6日判時2483号38頁
Nov. 2021, [Invited] - 判例研究：福岡高判平31・3・27裁判所ウェブサイト
Jun. 2021, [Invited] - Education of Children with Disabilities and Reasonable Accommodation: Interpretation of "Free Appropriate Public Education" in Individuals with Disabilities Education Act (IDEA)
Jun. 2021, [Invited] - Family caregivers’ liability for damage inflicted by persons with dementia under their care: A study of the 2016 Japanese Supreme Court ruling
Kayo Murayama
Journal of Social Welfare and Family Law, May 2021, [Reviewed] - 障害者の権利としての合理的配慮
Jan. 2019, [Reviewed] - Reasonable Accommodation and Affirmative Action in America : Comparison of Two Concepts Based on Analysis of Cases and Theories
May 2017, [Reviewed]
The purpose of this article is to present differences between reasonable accommodation and affirmative action, and to theoretically organize relationship among reasonable accommodation, affirmative action and preferential treatment, in order to avoid confusion of reasonable accommodation concept as backlash against affirmative action. Lower courts split about relationship between reasonable accommodation and preferential treatment, and some of them suggested that reasonable accommodation was not affirmative action. On the other hand, the Supreme Court in Barnett recognized that reasonable accommodation included preferential treatment, and concluded to require individualized review when reasonable accommodation conflicted with seniority system.
Theories found the following two differences between reasonable accommodation and affirmative action:
(1) substantive liabilities to eliminate present barriers or policies to remedy past discrimination;
(2) individualized measures or class-based measure.
Some cases and theories presented reasonable accommodation required case-by-case analysis to determine whether preferential treatment is reasonable. On ground of including preferential treatment, reasonable accommodation is not identical with affirmative action. When persons with disabilities ask their employers reasonably accommodate their disabilities, they are simply asking that employers not discriminate against them because of disabilities. - Procedural aspect of reasonable adjustments under the Disability Discrimination Act in Britain
25 Mar. 2015, [Reviewed]
Books and other publications
Lectures, oral presentations, etc.
- 障害児の学習権保障と合理的配慮：アメリカの障害児教育法（ IDEA ）の判例分析を中心に
12 Sep. 2021 - 割当雇用率制度によって雇用された障害者への合理的配慮
13 Sep. 2020 - Rights of Persons with Disabilities and Capitalism: Three Aspect of Reasonable Accommodation
Kayo Muratana
Social Work, Education and Social Development 2018 Conference, 04 Jul. 2018 - Human Rights and Dementia: Are Family Caregivers Liable for Damages?
Kayo Muratana
The 21st International Association of Gerontology and Geriatrics, 25 Jul. 2017 - 認知症者の自立した地域生活と家族介護者の責任：精神障害者の加害行為と監督義務者責任に関する判例分析
Jul. 2017 - A Study of Accommodation for Persons with Disabilities: Ensuring Substantial Equality for Persons with Disabilities
Kayo Muratana
The 23rd Asian and Pacific Association for Social Work Education Conference, 22 Oct. 2015 - 「障害を持つアメリカ人法」における合理的配慮と均等待遇原則：アメリカにおける学説を中心に
Nov. 2014 - イギリス障害者差別禁止法の研究：雇用分野における合理的調整義務を中心として
Mar. 2014
Affiliated academic society
Works
- 「ソーシャルアクションが障害者法制を変える：障害者権利条約初回対日審査」被処分者の会通信141号10頁
Dec. 2022 - Present, Others - A Study of Accommodation for Persons with Disabilities: Ensuring Substantial Equality for Persons with Disabilities in The 23rd Asian and Pacific Association for Social Work Education Conference Proceedings pp. 78-86
Kayo Murayama
Oct. 2015 - Present, Others
Research Themes
- 合理的配慮の請求権と能力主義（研究代表者）
Apr. 2023 - Mar. 2027 - Reasonable accommodation as a right of persons with disabilities
Grant-in-Aid for Early-Career Scientists
Apr. 2019 - Mar. 2024
Individuals with Disabilities Education Act (IDEA) aims to provide "free and appropriate public education" to children with disabilities. In the 1982 decision, "adequate" meant only access to public education. However, the 2017 decision raised the level of adequate and moved closer to guarantee that children with disabilities are covered to the fullest extent of their abilities. Some requirements of IDEA aim a quality of educational content that goes beyond reasonable accommodation.
In employment, Reasonable accommodation was to guarantee equal opportunity to work, which removes the barriers faced by persons with disabilities and then judges and evaluates their work ability on the same competitive basis as persons without disabilities. However, removing barriers is not sufficient to guarantee the right to learning for children with disabilities. IDEA even required guaranteed developmental outcomes. - 差別禁止と合理的配慮：障害者の社会参加のための合理的配慮(研究代表者)
Apr. 2018 - Mar. 2019 - 障害者の権利と自立：英米の障害者差別禁止法における判例研究を中心として(研究代表者)
Apr. 2015 - Mar. 2016
Media Coverage
- 心と体学ぶ 障害ある子への性教育 包括的性教育、国連が勧告
12 Feb. 2023, Paper - 障害者権利条約 国連が日本に改善勧告「包括的な性教育」推進を
21 Oct. 2022, Paper - comprensive sexual education to prevent sexual abuse
08 Oct. 2022, Paper - the comprehensive sexual education for persons with disabilities
08 Oct. 2022, Paper - children' right to receive "the comprehensive sexual education" in Japan
07 Oct. 2022, Paper
■Achievement List
Lectures, oral presentations, etc.
- Rights of Persons with Disabilities and Capitalism: Three Aspect of Reasonable Accommodation
Kayo Murayama, Social Work, Education and Social Development 2018 Conference, 04 Jul. 2017, 04 Jul. 2017 - 04 Jul. 2017, Not exist, English, Iceland, International conferences, Poster sessions, Social Work, Education and Social Development Conference, Royal Dublin Society
Url,Some scholars view reasonable accommodation with skepticism, and deny reasonable accommodation as a constitutional right. Their opinions rely on three characteristics of reasonable accommodation: (1) different treatment on the ground of disability; (2) contrary to merit system; (3) against efficiency of capitalism.
- Human Rights and Dementia: Are Family Caregivers Liable for Damages?
Kayo Murayama, The 21st International Association of Gerontology and Geriatrics, 25 Jul. 2017, 25 Jul. 2017 - 25 Jul. 2017, Not exist, English, United States, International conferences, Poster sessions, International Association of Gerontology and Geriatrics, Moscone West, San Francisco
Url, By analyzing the 2016 Japanese Supreme Court case concerning family caregivers’ liability for damages caused by a person with dementia killed by a train whilst wandering, this article offers suggestions on how to address future similar cases. - A Study of Accommodation for Persons with Disabilities: Ensuring Substantial Equality for Persons with Disabilities
Kayo Murayama, The 23rd Asian and Pacific Association for Social Work Education Conference, 22 Oct. 2015, Not exist, English, Thailand, International conferences, Verbal presentations (general), Dusit Thani Bangkok
Url - 13 Jul. 2019, Exist, Domestic conferences, Verbal presentations (invitation, special)
Url - 11 Sep. 2021, 11 Sep. 2021 - 12 Sep. 2021, Not exist, Japanese, Domestic conferences, Poster sessions
Url - 13 Sep. 2020, 12 Sep. 2020 - 13 Sep. 2020, Not exist, Japanese, Domestic conferences
Url - 08 Jul. 2017, Exist, Domestic conferences, Verbal presentations (invitation, special)
Url - the elderly person and contract
Kayo Murayama, 31 Jul. 2022, 30 Jul. 2022 - 31 Jul. 2022, Exist, Japanese, Domestic conferences, Verbal presentations (invitation, special)
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