| LGBT rights in Japan | |
|---|---|
Japan |
|
| Same-sex sexual activity legal? | Legal |
| Gender identity/expression | Change of legal sex allowed since 2008, following sex reassignment surgery |
| Recognition of relationships |
No recognition of same-sex relationships |
| Military service | Yes |
| Discrimination protections | Sexual orientation protected in some cities, though not nationally[1] |
Homosexuality is legal in Japan. There are currently no laws against homosexuality, but there is no legal recognition of same-sex relationships. Japanese culture and the major religions in Japan do not have a history of hostility towards LGBT individuals.[2]
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The age of consent in Japan is 13 years old under the Japanese national criminal law code. However, all municipalities and prefectures have their own particular laws such as Tokyo’s “Youth Protection Law” which prohibit adults from having sex with youths who are under 17 years old. As an added note, even though the age of consent in Japan can be 13, the age of majority is 20 for voting. The age of adulthood is considered 20 and driving age is 18. Japan’s “Prostitution Prevention Act”(1958) only prohibts actual sexual intercourse (or sex controlled by organized crime). That law defines as “true” sexual conduct between men and women, and not to “imitation” between same sex persons, so homosexual prostitution is not prohibited directly.[3]
There are no explicit religious prohibitions against homosexuality in the traditional religions of Japan: Shintoism, Buddhism, or Confucianism. Sodomy was first criminalized in Japan in 1873, in the early Meiji era, to comply with the newly-introduced beliefs of Western Culture and Qing legal codes. But this provision was repealed only seven years later by the Penal Code of 1880 in accordance with the Napoleonic Code.[4] Since then, Japan has had no laws against homosexuality. Thus, sex among consenting adults, in private, regardless of sexual orientation and/or gender, is legal under Japanese law.
Sexual orientation is not protected by national civil rights laws, which means that LGBT Japanese have no legal recourse when they face such discrimination in such areas as employment, education, housing, health care, banking and public accommodations.[5]
However most cases of discrimination on the basis of sexual preference remain relatively uncommon in Japan. Gay, lesbian, and transgender teachers in all levels of education come out in their jobs without it leading to any problems. Similarly, the army (euphemistically called self-defense forces), when being asked about their policy toward gays and lesbians following the U.S. debate during the Clinton presidency, answered that it was not an issue, and individuals within the forces indicated that as long as same-sex relations did not lead to fights or other trouble, there were few, if any, barriers to their inclusion in the armed services.[6]
The Japanese constitution promises equal rights and is interpreted to prohibit discrimination on all grounds. However, existing legislation, such as article 23(1) of the Public Housing Law, effectively bars same-sex couples' access to public housing. Homosexual, lesbian and transgender persons can experience physical, sexual and psychological violence at the hands of their opposite-sex or same-sex partners, but receive no protection from the law. Same-sex partners are excluded from the Law for the Prevention of Spousal Violence and the Protection of Victims and generally lack safe places where they can seek help and support. Japan is a party to the United Nations International Covenant on Civil and Political Rights (ICCPR), which also comprehensively bans discrimination.[7]
While the Equal Opportunity Law has been revised several times over the years to address sex discrimination and harassment in the workplace, the government has refused to expand the law to address discrimination against gender or sexual identity. [8]
In 1997, the group OCCUR (Japan Association for the Lesbian and Gay Movement) won a court case against a Tokyo government policy that barred gay and lesbian youth from using the "Metropolitan House for Youth." While the court ruling does not seem to have extended to other areas of government-sponsored discrimination, it is cited by the courts as a civil rights case, and the city government of Tokyo has since passed legislation banning discrimination in employment based on sexual identity.
In 2003 Kazuhito Tadano, a Japanese baseball pitcher, joined the American Cleveland Indians and not long afterwards it was widely reported in the press that, as a University student, he and some of his team mates had appeared in a gay pornographic film. In a press conference, organized by his team, he stated that he acted in the film only for the money and that he is not gay. After four years in Major League Baseball, he was released from Sacramento River Cats. On 2007 draft, he was drafted by Hokkaido Nippon-Ham Fighters as the first round pick [1].
In 2008, a law was passed allowing transgender people who have gone through sex reassignment surgery to change their legal gender.[9]
LGBT-rights are rarely discussed or debate publicly and most political parties do not make any formal position, in favor of or in opposition, to LGBT-rights in their party's platform or manifesto.
In 1994 the then Foreign Minister Koji Kakizawa stated in an Shokun! magazine interview that he was opposed to his party simply calling themselves the Liberals, because it might lead people to believe that they supported "homos".
In 2001 The Council for Human Rights Promotion, under the Ministry of Justice, recommended that sexual orientation be included in the nation's civil rights code, but the Diet has refused to adopt the recommendation.
In 2003 Aya Kamikawa became the first openly transgender politician to be elected to public office in Japan, Tokyo's municipal assembly. She initially ran as an Independent but expressed support for the now defunct Rainbow and Greens Party of Japan and later unsuccessfully ran for the national parliament as a member of the Democratic Party of Japan.
In 2005 Kanako Otsuji, from the Osaka Prefectural Assembly, became the first gay politician to formally come out at the Tokyo Gay Pride Festival.
In 2011, Taiga Ishikawa became the first openly gay candidate elected to office in Japan, specifically as the representative for the local assembly for Toshima Ward [2]. The thirty-six year old, gay man publicly came out in his book, "Where Is My Boyfriend" (2002) and started a non-profit organization that sponsors social events for gay men in Japan.
Articles 731-737 of the Japanese Civil Code restrict marriage to opposite-sex unions. Same-sex couples are not able to marry, and same-sex couples are not granted rights derived from marriage. Also same-sex marriages performed abroad are not legally recognized in Japan and bi-national same-sex couples cannot obtain a visa for the foreign partner based on their relationship.[10]
In March 2009 Japan Today reported that the Justice Ministry plans to allow Japanese nationals to marry same-sex partners in countries where same-sex marriage is legal. The ministry will issue certificates necessary for such marriage of Japanese citizens and foreigners, the sources said, adding the ministry will soon convey the decision to its legal affairs bureaus across the nation, the sources said. Though the marriage will not necessarily be legally recognised within Japan, allowing its citizens to marry same-sex partners overseas is seen by some as a first step toward eventual legalization of gay marriage in Japan.[11] Also, should this law pass, Japan would be the first Asian country in modern history to legally allow same-sex marriage within its borders.
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