2007 (Gyo-Tsu) No. 164

The issue before the Supreme Court was whether a part of a provision in the Japanese Nationality Act conformed with Article 14.1 of the Japanese Constitution, which prohibits discrimination based on race, belief, sex, social status, or lineage.  The provision at issue does not grant Japanese nationality to a child born out of wedlock to a non-Japanese mother and a Japanese father––even if the father formally declares and recognizes the father-child relationship––unless the child obtains legal recognition as a child of the man and the woman through their marriage.  The Supreme Court first noted that the Japanese Nationality Act does not grant Japanese nationality to a child in the aforementioned situation although it recognizes a parent-child relationship and grants Japanese nationality to a child born out of wedlock if (1) the child’s mother was Japanese or (2) the child’s Japanese father filed for the recognition of the father-child relationship before the child’s birth.  The Court found that, while creating this distinction was reasonable at the time of the legislation, such a distinction amounted to unjustifiable discrimination in present day Japan.  Thus, the Supreme Court found that the part of the provision at issue was unconstitutional and invalid.  In its reasoning, the majority opinion stated, inter alia, “under the Japanese Nationality Act that adopts the principle of jus sanguinis, maintaining a distinction in terms of eligibility to have Japanese nationality based on whether the Japanese parent is the mother or the father of the child at issue does not accord with the basic principle of equality of the sexes.”

Geographical location 

Year 

2008

Jurisdiction 

Avon Center work product