September 5, 2013
Fourteen justices of the Supreme Court Grand Bench on September 4 reached the decision that discrimination against children born outside officially-registered marriage in regard to succession of property is unconstitutional.
They ruled that a Civil Code clause stating that an unmarried couple’s children are eligible to receive only half the inheritance that a legally-married couple’s children can violates “equality under the law” guaranteed by the Constitution.
The decision came based on the following factors: changes in society since the existing Civil Code was written in 1947; a proposal made by the Justice Ministry’s Legislative Council in 1996 for Civil Code revision; the start of out-of-wedlock children’s inheritance rights in 2001; and repeated recommendations made by the UN Commission on Human Rights for removal of the Civil Code endorsing discrimination.
The justices concluded that respect for children’s individuality and their rights should be guaranteed without creating any disadvantages based on the marital status of their parents.
Following the ruling, Japanese Communist Party Vice Chair Hiroi Nobuko on the same day published a statement calling for revision of the Civil Code.
Hiroi in the statement requested that the government take the top court decision seriously and immediately remove the clause discriminating against children born outside registered marriage.
The vice chair also requested that the government revise another Civil Code clause so that married couples can have different surnames in addition to revision of Article 49 of the Census Registration Act which requires the identification of children born out of wedlock on the birth registration form.
Hiroi stated that the JCP jointly with other opposition parties has already presented a Civil Code revision bill to the Diet and will continue to struggle towards the realization of a revised Civil Code.
They ruled that a Civil Code clause stating that an unmarried couple’s children are eligible to receive only half the inheritance that a legally-married couple’s children can violates “equality under the law” guaranteed by the Constitution.
The decision came based on the following factors: changes in society since the existing Civil Code was written in 1947; a proposal made by the Justice Ministry’s Legislative Council in 1996 for Civil Code revision; the start of out-of-wedlock children’s inheritance rights in 2001; and repeated recommendations made by the UN Commission on Human Rights for removal of the Civil Code endorsing discrimination.
The justices concluded that respect for children’s individuality and their rights should be guaranteed without creating any disadvantages based on the marital status of their parents.
Following the ruling, Japanese Communist Party Vice Chair Hiroi Nobuko on the same day published a statement calling for revision of the Civil Code.
Hiroi in the statement requested that the government take the top court decision seriously and immediately remove the clause discriminating against children born outside registered marriage.
The vice chair also requested that the government revise another Civil Code clause so that married couples can have different surnames in addition to revision of Article 49 of the Census Registration Act which requires the identification of children born out of wedlock on the birth registration form.
Hiroi stated that the JCP jointly with other opposition parties has already presented a Civil Code revision bill to the Diet and will continue to struggle towards the realization of a revised Civil Code.
