Various Laws relating to Gender Equality

Constitution of Japan

In Clause 1 of Article 14, which specifies equality under the law, “discrimination” based on sex is prohibited. Furthermore, Clause 1 of Article 24 stipulates that “marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis.” The second clause of the same Article states that “With regard to choice of spouse, property rights, inheritance, choice of domicile, divorce and other matters pertaining to marriage and the family, laws shall be enacted from the standpoint of individual dignity and the essential equality of the sexes.”

Basic Act for Gender Equal Society

This law stipulates that “it has become a matter of urgent importance to realize a Gender Equal society in which men and women respect each other's human rights and share responsibilities, and every citizen is able to fully display their individuality and ability regardless of gender.” The national government and local public organizations are required to formulate and implement policies to promote a gender equal society, including active anti-discrimination measures at the national level.

Act on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment (Equal Employment Opportunity Law)

Employers are prohibited from discriminating against men and women in all aspects of employment including recruitment, employment, allocation (including allocation of duties and grant of authority), promotion, demotion, training, benefits, work/employment type changes, early retirement, retirement or redundancy. In addition, disadvantageous treatment for reasons such as indirect discrimination (e.g. settings conditions, without any rational reasons, that new job recruits have to be at least 170cm tall), being pregnant or giving birth. The same law requires employers to take anti-harassment measures in relation to sexual harassment, being pregnant or giving birth, and so on.

Act on Childcare Leave, Caregiver Leave, and Other Measures for the Welfare of Workers Caring for Children or Other Family Members (Child Care and Family Care Leave Law)

Employers are obligated to provide an employment environment allowing both men and women to take leave or work shorter hours, and if employers know that their workers or their spouses are pregnant or have given birth, they are expected to inform the said workers about provisions relating to childcare leave or caregiver leave.

Labor Standards Act

Article 4 prohibits an employer from discriminatory treatment of a woman as compared with a man with respect to wages by reason of the worker being a woman.”

Act on Advancement of Measures to Support Raising Next-Generation Children

Employers are required to devise and support a plan of action to establish an working environment and conditions relating to child-rearing.

Act on the Prevention of Domestic Violence and the Protection of Victims (DV Prevention Law)

This law relates to DV (violence by spouses or partners) .

Anti-Stalking Act

This law regulates and punishes the act of stalking such as persistently trailing another person.

Act on Special Cases in Handling Gender Status for Persons with Gender Identity Disorder (Gender Identity Disorder Special Case Law)

This law sanctions sex-change in family register under certain requirements .

Act on Promotion of Women's Participation and Advancement in the Workplace (Promotion of Women's Participation and Advancement Law)

In order to realize a society that allows all women, who wish to participate and advance in working situations, to fully demonstrate their individuality and ability, this law obligates employers (national government and local public organizations) to 1) establish and make public plans of action incorporating numerical targets aimed at women’s participation and advancement, and 2) publicly announce information contributing to career decisions by women.

Act on Promotion of Gender Equality in the Political Field

This law states that to make the numbers of male and female candidates as even as possible in the elections of the members of the House of Representatives, the House of Councilors, and the assemblies of local governments should be a fundamental principle. In addition, it states that political parties and other political organizations are to endeavor to voluntarily work on the promotion of gender equality in the political field, including setting a goal for the number of male and female candidates for public office in their organizations”


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