4 Japanese laws that desperately need to be amended for women

While many laws have been created and updated to improve the lives of women in Japan, others have not.

Here, we highlight four Japanese laws we would like to see amended for women so that Japan can become a nation where people of all genders have the same rights on paper and in practice.

Japan often comes under fire on the world stage when discussing women’s rights. Consider these recent reports:

• Japan ranked 118th among 146 countries in the 2024 World Economic Forum Global Gender Gap Report.
• The 2023 Human Rights Watch report on Japan points out the continuing lack of non-discrimination laws regarding sexual orientation and gender identity as well as the limitations of the Equal Employment Opportunity Law.
• Out of OECD countries in 2023, Japan ranks among the worst for the gender wage gap at about 22%.

While there are laws benefiting women in Japan, there are plenty that negatively affect them as well. In the last decade alone, these groups and individuals have stepped into the spotlight to speak out on women’s issues: 

• Voice Up Japan: a youth-based organization advocating for gender equality 
• #KuToo: inspired by the #MeToo movement, this one started as a protest against unfair professional attire for working women
• Shiori Ito: a journalist who was sexually assaulted by a high-profile offender and brought her case to court

In this article, we examine legislation that could be holding modern Japanese women back to shed further light on gender inequality in Japan.

1. Spouses Must Share The Same Surname

Article 750 of the Japanese Civil Code states spouses must share the same surname. 

While the law doesn’t specify who in the relationship has to take their partner’s family name, the reality is skewed. In 2022, nearly 95 percent of Japanese wives changed their surnames to match their husbands after marriage.

The Problems

• Using a maiden name for work can lead to unexpected problems while conducting business overseas (such as your official government ID not matching the name used for work).
• Mental health issues can develop, ranging from a sense of losing one’s identity to tensions with spouses over not wanting to change surnames.
• The law disproportionately creates social, economic and administrative burdens for women compared to men.

Challenges To The Law

In March 2024, several common-law and married couples argued that the law contradicts Article 24 of the Japanese Constitution which states husbands and wives share equal rights. These cases may benefit from rising support for change from the public and some corners of the business world. According to one study, over 60% of participants agreed that married couples don’t need to share the same surname.