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(KPL/Kyodo) A U.N. rights watchdog on Tuesday once again urged Japan to review its requirement for married couples to share a surname while calling for an amendment of the male-only imperial succession law following its first in-person review of the country's gender equality policies in eight years.
(KPL/Kyodo) A U.N. rights watchdog on Tuesday once again urged Japan to review its requirement for married couples to share a surname while calling for an amendment of the male-only imperial succession law following its first in-person review of the country's gender equality policies in eight years.
The recommendations came as the Committee on the Elimination of Discrimination against Women released its concluding observations on Japan after discussions with the government and non-governmental organizations earlier in the month.
In the report, the committee expressed concerns that "no steps have been taken" to revise a Civil Code provision requiring married couples to use the same surname, calling it an existing "discriminatory" provision and that it "in practice often compels women to adopt their husbands' surnames."
The requirement is stipulated in Article 750 of the current Civil Code. The provision dates back over a century to the prewar Civil Code, and critics argue that it reflects the traditional concept of marriage as an arrangement between families rather than individuals.
The U.N. body had previously recommended that Japan amend the Civil Code over the surname requirement in 2003, 2009 and 2016. In the last two reviews, the issue was considered a follow-up item, indicating its high importance.
The issue was once again listed as a follow-up item, with the U.N. body requesting Japan to provide written information on steps taken to address it within two years.
During the in-person review, a Japanese government delegation explained its past efforts and said it would proceed with further examination of the issues raised by the panel.
In the latest report, the committee also touched on the 1947 Imperial House Law that limits imperial heirs to males with an emperor on their father's side and requires female members to leave upon marriage to a commoner.
Acknowledging that the law is "not within the purview" of its competence, the panel said it considers the succession rule "contrary to the object and purpose" of the U.N. convention to eliminate discrimination against women.
In the 2016 review, Japan strongly objected to the Imperial House Law amendment recommendation included in a draft of the concluding observations, and the final version ended up with no reference to the issue.
Article 16 of the U.N. Convention on the Elimination of All Forms of Discrimination against Women calls for ensuring the equal rights between a husband and wife, "including the right to choose a family name, a profession and an occupation."
Other latest recommendations for Japan included abolishing requirements for spousal consent for women seeking abortions and parental consent for girls aged 16 and 17 to access contraceptives.
The U.N. body also called for the early ratification of the "Optional Protocol," which would allow individuals who have experienced human rights violations to file complaints directly with the committee.
The committee, a body of independent experts, periodically monitors the implementation of the convention by each signatory country, including Japan, which ratified it in 1985.
While recommendations are not legally binding, member states are expected to respect them.
Japan has made legal reforms, including abolishing a remarriage ban period applied only to women and raising the minimum marriage age for women from 16 to 18, the same as men, which were among the issues that had been subject to the U.N. body's recommendations in the past.
KPL