Discrimination in Japan Against Illegitimate Children

On July 10, the Supreme Court’s GrandBench where 15 justices sit, heard from both sides over a clause in the civilcode that states that an illegitimate child’s share in an inheritance should behalf of a legitimate child’s. There is a chance that the top court will strikedown the civil code provision based on article 14 of the Constitution, which inpertinent part states “All of the people are equal under the law and thereshall be no discrimination in political, economic or social relations becauseof race, creed, sex, social status or family origin.”

The human rights bodies have beenattempting to abolish the civil code clause since the early ninety’s. Theinteresting thing is in 1995 the court ruled that the clause was constitutionalbecause it was protecting de jure marriage. Since the ruling in 1995, thesocial conditions are very different. Among the things that have changes is theincrease in single mothers and the rise in children born out of wedlock. Additionally,people’s perspectives on family and marriage have changed. While parents candraft a will to override the civil code clause, many people are more concernedwith the stigma and discrimination.

See End Inheritace Discrimination, Japan Times,  Aug. 12, 2013.