Gender discrimination

Supreme Court of Japan, Heisei 26 (O) No. 1023 Damages Claim Case

The Law on Protection of Minors was enacted to protect the physical and mental health of minors and to ensure their legal rights and interests. Article 3 of the Law stipulates that minors shall have the right to survival, development, protection, and participation and that minors, regardless of gender, shall enjoy these rights equally under the law.

The plaintiff sued the defendants for infringing upon her right to employment equality.

The Act Partially Amending the Civil Code (Age of Majority), effective April 1, 2022, lowered the age of majority in Japan from 20 to 18. The reform was intended to promote the social and economic independence of young people and align Japan with international standards. As a result, individuals aged 18 and 19 are now recognized as adults under the law and may enter into legally binding contracts, such as credit card agreements or rental contracts, without parental consent.

Amendment to the Civil Code (Reform of the Presumption of Legitimacy System)

Shibuya City Ordinance for the Respect of Human Rights and the Elimination of Discrimination

In 2013, a teenage girl name Lin gathered two other girls to get revenge on another girl, C., at Guangze senior high school, Fujian Province, for insulting her. C. hid and so their plan for revenge was unsuccessful. Later that day, Lin asked someone else to take C. to a quiet neighborhood. Lin and her friend slapped C.'s face, broke her nose, pulled her hair, and made C. take off all her clothes. C. was too frightened to say no and took off all her clothes. Lin and her friend took pictures of the naked C. and shared the photos.

The plaintiff sued the defendants for infringing on her equal employment rights. The plaintiff alleged that the job description for the courier position included: “Eligibility: Men.”  When Deng went for an interview, she was advised that “we never have women couriers.”  She was subsequently informed that Beijing Postal could not authorize an employment contract for her because she is female.

The plaintiff alleged that in June 2014, she saw the recruiting advertisement of the respondent on the Internet, knowing that the respondent want to recruit two copywriters. Guo submitted her resume accordingly. However, Guo has not got reply since then. With the certainty that she is capable of the position, Guo called the School, asking about the job. Guo was told that since the position requires many business trips, only male can be considered. Guo emphasized that she can adjust to those business trips but was still refused by the same reason.

The Act on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment ("the Act") aims to promote equal opportunities and treatment of men and women in the workplace.