Japan Press Weekly

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2008 June 4 - 10 [CIVIL RIGHTS]

Top court grants children born to non-Japanese mothers Japanese citizenship

The Supreme Court on June 4 granted 10 children born out of wedlock to Filipino mothers the right to Japanese citizenship, ruling that the Nationality Law provision is unconstitutional.

Under the Nationality Law, a child born to a non-Japanese mother and a Japanese father can only be granted Japanese nationality if the child’s parents are married.

The top court has ruled that this provision violates the Constitution’s principle of “equality under the law.”

In Japan, children born out of wedlock have faced unjustifiable discrimination in terms of the family register, the right to Japanese nationality, and the right of inheritance.

The U.N. Committee on the Convention of Social Rights has been expressing its concern over legal, social, and institutional discrimination against children born out of wedlock in Japan.

The Japanese Communist Party has been advocating the elimination of such discrimination in cooperation with various civic groups.

Following the Supreme Court judgment, the Japanese parliament without delay should move to amend the Nationality Law in accordance with social changes and the diversity of families. - Akahata, June 5, 2008