In early October, Fumio Kishida —the president of the Liberal Democratic Party (later LDP)— was elected by the Parliament (Diet). On December 31st of 2021, Japanese citizens were called to cast their vote for the General Elections of the House of Representatives and the Lower house of the Diet which had been dissolved earlier by the Emperor.
The appointment of a new Prime Minister means new political directions. Japan is known as a conservative and traditional country where the Liberal Democratic Party has led the country for several decades (except from 2009 to 2012 when the Democratic Party of Japan managed to secure the majority in Parliament). It is very unlikely that the country will take a radical turn, but gender equality is probably at stake (and not necessarily in a good position).
The Kishida, almost only-man cabinet
After the failed attempt of Shinzo Abe’s “Womenomics” to place women at the centre of political and economic decisions, Fumio Kishida begins his mandate by striking quite hard: in a twenty-member cabinet, only three women were appointed. Karen Makishima is the Digital Minister, Noriko Horiuchi, as the Vaccine Minister, and Seiko Noda as the Minister in charge of Measures for the Declining Birth Rate. For those who read my article on abortion politics, you will probably remember Seiko Noda, who is an anti-abortion advocate. She tried to limit access to abortion in 2013 but failed to do so. Knowing that she is now in charge of finding a solution for the shrinking declining birth rate of Japan sounds like a red flag to me.
Most importantly, the Prime Minister has positioned himself quite strictly on two crucial issues apropos gender equality: same-sex marriage and a revision regarding the name of married couples. My interviewee, Hana from Japan, actually mentioned these two topics in my project “you and feminism”.
Separate names for married couples (夫婦別姓 fufubeissei)?
Japan does not recognise married couples who have different family names as article 750 of the Civil Code requires. Usually, the husband’s name prevails, but the wife’s name can also be chosen. Yet, forcing the wife to take the husband’s family name—or in fewer cases, the husband to take the wife’s family name—equates to losing one’s identity. In Japan, the marriage scheme is often as follows: the wife takes her husband’s name (in 95% of the cases as of 2015) and comes to live with her parents-in-law. She ends up becoming the primary caretaker of her in-laws, leaving her own family on the side. Although society is evolving, and some companies let their female employees use their maiden name, the Civil Code has been unchanged since the Meiji Era, which dates back to 1898. However, despite article 14 of the Constitution which principles state equality between the sexes, women remain, second-hand citizens, when it comes to healthcare, employment, the wage gap and house chores. Being able to go by their own family names as well as being married would, in addition to being recognised equally to their male counterparts, give them better visibility as individuals. It would also let them embody their strength and credibility to society and the workplace and simply would empower them as women.
The Diet, with a majority of the LDP members and mainly composed of men, has been summoned by the Supreme Court to debate on the issue after a lawsuit was filed claiming that the Civil Code and the Family Registration law goes against the Constitution’s principle of equality between the sexes. In addition to the top court’s rule to maintain the 2015 Supreme Court judgement forcing married couples to share the same family name, the newly elected Prime Minister Fumio Kishida publicly expressed his opposition to changing the system at the Japan National Press Club in October 2021, being the only members being against a future revision of the law.
The Diet, with a majority of the LDP MPs and mainly composed of men, has been summoned by the Supreme Court to debate on the issue after a lawsuit was filed claiming that the Civil Code and the Family Registration law go against the Constitution’s principle of equality between the sexes. In addition to the top court’s rule to maintain the 2015 Supreme Court judgement forcing married couples to share the same family name, the newly elected Prime Minister Fumio Kishida publicly expressed his opposition to changing the system at the Japan National Press Club in October 2021, being the only members being against a future revision of the law.
Japan, the only G7 country to not recognise same-sex marriage
Japan is the only G7 country that does not recognise same-sex marriage. Fumio Kishida has stated his resistance to the legalisation of same-sex marriage. His party (LDP) is publicly opposing the law, yet the LDP with the Komeito, in favour of marriage equality, opens a window of opportunity. A light of hope remains for the future legalisation of same-sex marriage nationwide.
This window of opportunity was taken by Yuriko Koike, governor of Tokyo, who publicly announced that same-sex partnerships will be recognised and made legal by April 2022. If this is not the legalisation of same-sex marriage, this decision marks a major step toward marriage equality and was saluted by LGBTQIA+ activists as well as the international scene. It will allow same-sex couples to gain several rights that were for now reserved for heterosexual married couples, such as renting places together or visiting a sick partner at the hospital.
Only-woman talks, putting women at the centre of decisionmaking?
On a more positive note, the government appointed the former Minister of Justice Masako Mori as a special advisor on women’s participation in politics and society and has promised to hold across the country non-mixed only women gathering to discuss women’s issues, such as employment, the care, as well as how the Covid-19 has impacted women (on a greater deal than men). Indeed, the healthcare and employment systems in Japan are designed under patriarchal rule, which disadvantages women. Although women in the labour force increased in the past couple of years, Japanese women rarely acquire “regular” positions—they mostly work as part-timers, or contract workers—without mentioning a significant wage gap between male and female workers. In addition, Japan’s welfare system is a “welfare through work and welfare through marriage model” meaning, it protects regular workers (men) who hold secure positions while assuming that “women will eventually marry and be supported by their husband”. (Miura in Kano, 2018: 6-7)
Moreover, the Covid-19 crisis has forced women to step down from their jobs in order to take care of their children confined at home due to the closure of the school. This resulted in increased stress, putting women in danger (mental health, and economic security).
I could go on with the failing Japanese political system that puts women on the bench condemning them to economic poverty, or the burden to produce babies to avoid the labour shortage Japan is facing, but it is not the main topic of this article.
The only-woman talks are supposed to begin in January 2022. I hope it will come with good results. Although the picture of feminism right now in Japan seems very dark, there is still a flame that burns to show the right way toward better equality.
References
Arielle Busetto (2021), « Meet the Kishida Cabinet: A Few Holdovers, More Women, and a Host of First-timers » in Japan Forward, Oct 21, available at https://japan-forward.com/meet-the-kishida-cabinet-a-few-holdovers-more-women-and-a-host-of-first-timers/
Ayako Kano (2018), « Womenomics and Acrobatics: Why Japanese Feminists Remain Skeptical about Feminist State Policy » in Feminist Encounters: A Journal of Critical Studies in Culture and Politics, 2(1), 06.
Elaine Lies (2021), « LGBTQ groups cheer Tokyo’s same-sex partnership move as big step forward » in Reuters, Dec 8, available at https://www.reuters.com/article/japan-lgbt-marriage-idUKKBN2IN0ET
Emily Boon (2021), « Japan’s General Election: A Step Towards Marriage Equality? » in Tokyo Review, Oct 31, available at https://www.tokyoreview.net/2021/10/japans-general-election-a-step-towards-marriage-equality/
Justin McCurry (2021), « ‘I can’t go on’: women in Japan suffer isolation and despair amid Covid job losses » in The Guardian, March, available at https://www.theguardian.com/world/2021/mar/29/i-cant-go-on-women-in-japan-suffer-isolation-and-despair-amid-covid-job-losses
Natsuki Okamura and Akira Minami (2021), « Kishida vague on spending plan; opposes law for LGBT individuals » in Asahi Shimbun, Oct 19, available at https://www.asahi.com/ajw/articles/14463878
News Wire (2021), « Japan rules government’s same-sex marriage ban is ‘unconstitutional' » in France 24, March 17, available at https://www.france24.com/en/asia-pacific/20210317-japan-rules-government-s-same-sex-marriage-ban-is-unconstitutional
The Japan News by the Yomiuri Shimbun (2021), « Japan’s government to hold women-only talks, starting next month » in The Yomiuri Shimbun, Dec 23, available at https://the-japan-news.com/news/article/0008120847
The Japan Times (2021), « Japan’s top court says forcing couples to share surname is constitutional » in The Japan Times, June 23, available at https://www.japantimes.co.jp/news/2021/06/23/national/crime-legal/top-court-surname-ruling/
Thisanka Siripala (2021), « Japan’s Same Surname Law for Married Couples Is in the Hands of the Diet » in The Diplomat, July 8, available at https://thediplomat.com/2021/07/japans-same-surname-law-for-married-couples-is-in-the-hands-of-the-diet/#:~:text=Society%20%7C%20East%20Asia-,Japan’s%20Same%20Surname%20Law%20for%20Married%20Couples,the%20Hands%20of%20the%20Diet&text=Sharing%20a%20surname%20after%20marriage,the%20Supreme%20Court%20last%20month.
Tomoyuki Kobayashi, Masaharu Maeda, Yui Takebayashi and Hideki Sato (2021), « Traditional Gender Differences Create Gaps in the Effect of COVID-19 on Psychological Distress of Japanese Workers » in International Journal of Environmental Research and Public Health, 18(16).
Feminist Majo 