Gavin Howe
Japan has various anti-discrimination laws in place, such as the Labour Standards Act, which prohibits discrimination based on nationality, creed, or social status. However, there is criticism that the implementation of these laws is insufficient, and Japan has been ranked in the middle among G7 countries for its human rights performance. There are also reports of societal discrimination against foreigners, the LGBTQI+ community, women, and ethnic minorities, with foreign residents and non-ethnic Japanese citizens facing various forms of entrenched discrimination.
| Characteristics | Values |
|---|---|
| Employment discrimination | Prohibited on the basis of nationality, creed, social status, gender, age, disability, childcare or nursing care leave |
| Sexual harassment | Prohibited |
| Power harassment | Prohibited |
| Union membership | Protected |
| Racial discrimination | No comprehensive law prohibiting it, but the law addresses discrimination against Buraku (descendants of feudal-era outcasts) |
| Religious discrimination | No comprehensive law prohibiting it |
| LGBTQI+ discrimination | No law prohibiting it |
| Housing discrimination | No law prohibiting it, but foreigners face widespread housing discrimination |
| Education discrimination | Japan has not ratified the Convention against Discrimination in Education |
| Child discrimination | Prohibited |
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What You'll Learn
Employment anti-discrimination laws
Japan has various anti-discrimination laws in place to protect workers' rights. The Labour Standards Act prohibits discrimination in wages, working hours, or conditions based on nationality, creed, or social status. This Act also ensures equal pay for men and women. The Equal Opportunity Act prohibits direct and indirect discrimination by employers against workers based on gender in relation to duties, training, benefits, occupational functioning, status, and dismissal. It also covers indirect discrimination, including practices that inadvertently place women at a disadvantage compared to men. However, exceptions exist if there are justifiable reasons for different conduct towards individuals of different genders.
The Child Care and Nursing Care Act prohibits discrimination against employees who apply for or utilise childcare or nursing care leave. The Employment Measures Act of 1966 prohibits age-based discrimination in hiring, although it allows for some exceptions in setting age requirements. The Act on the Promotion of Employment of Persons with Disabilities obliges employers to hire employees with disabilities, with specific targets for workforce representation. This Act also prohibits discriminatory treatment based on disability.
The Labour Union Act safeguards employees from disadvantageous treatment for activities related to labour unions, such as union membership or organisation. The law also prohibits anti-union discrimination and provides for the reinstatement of workers fired for legal union activities. Additionally, the recent amendments to the Act on Comprehensive Promotion of Labour Policies require employers to introduce measures to prevent power harassment and establish consultation procedures to address it.
While Japan has made strides in anti-discrimination legislation, some critics argue that implementation is insufficient. There is no comprehensive law prohibiting racial, ethnic, or religious discrimination. The country has not ratified the Convention against Discrimination in Education, and there is no legal protection against discrimination based on sexual orientation, gender identity, or expression. Furthermore, foreign residents and non-ethnic Japanese citizens face societal discrimination, and women experience unequal treatment in the labour market and low representation in elected bodies.
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Housing discrimination
Foreign nationals in Japan frequently encounter discrimination when trying to secure housing. A survey by a private housing information website revealed that around 40% of foreign respondents experienced discrimination or felt inequality in viewing properties and contract procedures due to their nationality. Some real estate companies and landowners outright refuse to rent to non-Japanese citizens, citing concerns about short-term stays, potential property damage, or opposition from Japanese neighbours. These discriminatory practices have led to the perception of a "Gaijin Tax," representing the cost of living in Japan as a non-Japanese national.
The lack of comprehensive anti-discrimination laws exacerbates the problem. Japan signed the "International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)" in 1996. However, there are no specific domestic laws addressing rental contract denials based on race or nationality. This legal gap allows discriminatory practices to continue, and victims often find it challenging to pursue legal recourse.
The Japanese government has been criticised for its inadequate implementation of anti-discrimination measures. While there are laws addressing specific forms of discrimination, such as the Equal Opportunity Act, there is no comprehensive legislation prohibiting racial, ethnic, or religious discrimination. This absence of legal protection contributes to the persistence of housing discrimination against foreigners and certain minority groups in Japan.
It is important to note that housing discrimination in Japan is not solely based on nationality or race. Other disadvantaged groups, including the elderly, single mothers, LGBTQ+ couples, and individuals with mental health issues, also face challenges in securing housing. Initiatives like FRIENDLY DOOR have emerged to assist these vulnerable groups in finding accommodation, recognising the increasing number of vacant properties in Japan and the need to promote inclusivity.
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LGBTQI+ discrimination
Japan has various protections in place regarding anti-discrimination laws. The Labour Standards Act prohibits discrimination with respect to wages, working hours, or working conditions based on nationality, creed, or social status. The Act also prohibits discrimination between men and women with respect to wages. The Equal Opportunity Act contains a general prohibition on employers directly discriminating against workers on the basis of gender in relation to the allocation of duties, training, benefits, occupational functioning, status, and dismissal. This Act also prohibits indirect discrimination on the basis of gender, including acts or practices that inadvertently place women at a disadvantage compared to men.
However, Japan does not have any laws that specifically prohibit discrimination based on sexual orientation, gender identity or expression, or sex characteristics. As a result, LGBTQI+ individuals in Japan face pervasive discrimination in their daily lives, leading many to hide their identities and refrain from claiming their rights. There have been reports of violence and hate crimes against LGBTQI+ individuals, with politicians' remarks inciting, condoning, or tolerating such behaviour. The stigma surrounding the LGBTQI+ community in Japan remains an obstacle to reporting abuse and discrimination.
While Japan has introduced the Act to Promote LGBT Understanding, this law only aims to enhance public understanding and acceptance of the LGBTQI+ community, rather than prohibiting discrimination. The Act acknowledges the insufficient understanding of gender and sexual diversity among Japanese citizens. Clauses 4 to 6 of the Act encourage entities such as local governments, employers, and schools to create and implement policies that promote understanding and diversity in sexual orientation and gender identity. However, these efforts are not mandatory but only 'reasonable'.
Japan has faced pressure from other nations, particularly during international events like the Olympics and the G7 summit, to address the lack of legislative protection for the LGBTQI+ community. Despite some efforts, such as the introduction of the Act to Promote LGBT Understanding, Japan still lacks comprehensive anti-discrimination laws that specifically address and protect the rights of the LGBTQI+ community.
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Racial discrimination
Japan has been criticised for its lack of anti-discrimination laws, particularly regarding racial discrimination. While the country has seen an increase in its foreign population, with around 1 in 10 people in Tokyo being foreign nationals, there are no laws that specifically prohibit or penalise racial discrimination. This has resulted in lawsuits from foreign residents, such as in 2002 when plaintiffs sued a Hokkaido bathhouse for racial discrimination, and in 2005 when a Korean woman was refused rental accommodation due to her citizenship status.
In 2014, the UN Committee on the Elimination of Racial Discrimination and the UN Human Rights Committee called on Japan to take firmer steps to combat hate speech and sanction perpetrators. Japan's response has been that the situation is not serious enough to require legal prohibition. However, in 2016, the country introduced the Act on the Promotion of Efforts to Eliminate Unfair Discriminatory Speech and Behaviour Against Persons Originating from Outside Japan (The Anti-Discriminatory Speech Act or ADSA). This act declares unfair discriminatory speech and behaviour against people legally living in Japan but with ancestors from outside the country intolerable. While the law is more of a symbolic gesture than a legislative sanction, it has been associated with a halving of far-right rallies in the first eleven months since its enactment.
Despite this, racial discrimination persists in Japan, with reports of harassment, hate speech, and racial profiling by the police targeting foreign residents. In 2024, three Japanese citizens, including a man of Pakistani descent, filed a lawsuit against the government, alleging a consistent pattern of racially motivated police harassment. This case highlights the concerns about Japan's ability to address the increasing diversity resulting from a growing number of foreign workers.
Japan's Equal Employment Opportunity Law, created in 1972, only advises employers to take measures to prevent sexual harassment, and the country has not ratified the Convention against Discrimination in Education as of 2019. While the constitution provides unions with the right to organise and act collectively, there is controversy surrounding the social and legal treatment of minorities. Japan's homogenous self-image often leads to minorities facing discrimination, and there is no civil rights legislation to protect them.
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Child discrimination
Japan has various laws that protect against discrimination, including the Labour Standards Act, the Equal Opportunity Act, the Child Care and Nursing Care Act, and the Employment Measures Act. However, Japan has been criticised for lacking laws that prohibit racial, ethnic, or religious discrimination, as well as discrimination based on sexual orientation or gender identity. This has resulted in criticism of the country's treatment of immigrants and foreign nationals, who face challenges in accessing housing, medical care, and other services due to perceived discrimination.
In terms of child discrimination, Japan has taken steps to address this issue. The Child Welfare Law states that "the life of each and every child shall equally be guaranteed and protected," prohibiting all forms of discrimination against children by public authorities. This includes the right to equal protection under the Public Assistance Law, equal treatment for disabled persons under the Fundamental Law for Measures for Mentally and Physically Handicapped Persons, and equal opportunity in education under the Fundamental Law of Education. Foreign children are also guaranteed fundamental human rights, although they may face challenges due to language barriers.
In June 2023, Japan passed the Child Basic Act, the country's first national law for the rights of the child. This law was based on the Convention on the Rights of the Child and included revisions to address financial incentives for institutionalising children without parental care. Additionally, Japan amended its laws to ban corporal punishment against children, demonstrating a commitment to protecting children's rights and welfare.
However, there have been concerns about the treatment of foreign parents post-divorce, with cases of child abduction and denial of parental access reported. Japan's asylum and refugee policies have also been criticised for their reluctance to grant refugee status, which can impact the rights and protection of children seeking refuge in the country.
While Japan has made progress in addressing child discrimination, there are still areas where further improvements can be made to ensure the protection and well-being of all children, including those from foreign or minority backgrounds.
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Frequently asked questions
Yes, Japan has some anti-discrimination laws. The Constitution of Japan guarantees the equality of all people, including children, under the law. It prohibits discrimination based on race, creed, sex, social status, or family origin. The country has also ratified the Convention on the Rights of Persons with Disabilities.
The Labour Standards Act prohibits discrimination with respect to wages, working hours, or working conditions based on nationality, creed, or social status. The Equal Opportunity Act prohibits direct and indirect discrimination based on gender in relation to allocation of duties, training, benefits, occupational functioning, status, and dismissal. The Child Care and Nursing Care Act prohibits discrimination against employees who have applied for or taken leave to care for a child or family member.
No, there are currently no laws in Japan that prohibit discrimination based on sexual orientation, gender identity, or expression. However, in May 2020, supplementary resolutions were approved by parliament, requiring the government to include the prevention of Sexual Orientation Gender Identity (SOGI) harassment in upcoming guidelines for corporations.
Foreigners in Japan, including immigrants and non-ethnic Japanese citizens, often face discrimination in various sectors, such as housing, medical care, and employment. There are no specific laws to protect immigrants from discrimination, and they may face challenges in renting properties or accessing certain services due to their foreign status.
