
With Japan consistently appearing in the lowest ranks for gender equality in industrialised nations, the adoption of Prime Minister Abe’s recent bill to promote the role of women in the workplace has been a welcome development in what remains a traditionally patriarchal society.
What the headlines fail to mention, however, are the archaic laws entrenched in the country’s Civil Code that continue to hold women back, including same surname requirements upon marriage, and differences in the minimum marriageable age and re-marriage prohibition period for both sexes.
The UN Committee on the Elimination of Discrimination Against Women has again called for a revision of Japan’s current laws, slamming the country for being one of the few industrialised nations where it remains illegal for married couples to have different surnames.
Despite ratifying the Convention on the Elimination of All Forms of Discrimination against Women in 1985, Japan is yet to pass any revisions on glaring inequalities in their Civil Code. While revisions have been presented to the Committee for Discussion of the Legal System for fourteen years now, there has been no progress in respect to the following three points of contention: Article 731, which sets the marriageable age for men at 18 and women at 16; Article 733, which prohibits only women from remarrying within six months unless a woman is pregnant before the divorce; and Article 750, which states a husband and wife must have the same surname upon marriage.

Two landmark cases, contesting the constitutionality of Articles 733 and 750 have been taken to the Supreme Court, with hearings to begin on November 4 this year. A woman in her 20s from Okayama initially filed her case with the District Court in 2013, suing for 1.65 million yen (US$13,734) in damages due to the discriminatory nature of the Civil Code after she had a daughter with her new partner and was unable to remarry nor register her new child’s birth. According to Article 772 of the Civil Code, which is also under review for revision as it pre-dates the advent of DNA testing, a child born within 300 days of divorce is still considered to be the legitimate offspring of the former husband.
Image: Wikipedia
The other case, contesting the constitutionality of the same-surname requirement, has been brought to the Supreme Court after the Tokyo District Court ruled against five people seeking a total of 6 million yen ($49,952) in damages. The plaintiffs believe the law denies equality for all and impinges on the dignity of individuals, which is in direct violation of the Constitution.

During the Edo Period (1603-1867), commoners were not allowed to have surnames; the legal obligation for married couples to take on the same surname came about during the Meiji Era (1868-1912). In 1996, the Justice Ministry’s Legislative Council recommended introducing a system which would allow women to choose whether they wanted to retain their maiden name or taken on the surname of their husband. Conservative lawmakers continue to oppose any changes, fearing it would be detrimental to family values and society.
Image: Flickr/Nikita
With more women joining the workforce in line with Prime Minister Abe’s push to promote women in the workplace, a recent poll shows 48 percent of people support a change to the surname law. Many women feel that the same-surname requirement violates their privacy, as a name change can reveal sensitive personal events such as a divorce or re-marriage. As a result, there are a large number of women who continue to use their maiden name at work, which causes confusion.
Image: Flickr/Alberto Carrasco-Casado
While there is a loophole for Japanese citizens married to non-Japanese citizens, who don’t necessarily have to have the same surnames due to the difference in foreign legal laws, Japanese couples have no choice but to abide by Japan’s regulations. With the U.N. Committee on the Elimination of Discrimination again calling for Japan to modernise its discriminatory laws, we hope women across the nation will soon be able to enjoy equal rights and the power of choice, bringing the country up to the forefront of the modern world, where it thoroughly deserves to be.
Source: Niconico News
Top Image: Japan Crush




Japan Supreme Court rules it’s constitutional to require married men and women have same surname
Married couples in Japan must have the same surname, so does Mr. Sato regret taking his wife’s?
Japan may finally abolish law that bans women only from remarrying soon after divorce
5 powerful reasons to be a woman in Japan 【Women in Japan Series】
Japanese onsen egg maker from 100-yen store Daiso needs to be on your shopping list
Cherry blossoms begin blooming in Japan with record-early starts for sakura season
Japanese man drives truck that’s on fire directly to fire station, drops flaming potatoes[Videos]
TikTok releases its Year in Music 2025 – Japan’s Top 10 Songs ranking
Studio Ghibli director Hayao Miyazaki is still drawing…and walking in his Vans
Mr. Sato orders a box of hot coffee from Starbucks Japan to our office
7-Eleven Japan’s giant fried chicken skewer would be too big to eat, so it’s really for cuddling
Universal Studios’ Sailor Moon theme park attraction is finally coming to America
Umamusume food and drinks dash into real world at Family Mart convenience stores[Taste test]
Coca-Cola Japan unveils new sakura design bottle for cherry blossom season 2019
Train station platform ramen store closes its doors on half a century of history in Tokyo
Studio Ghibli releases Catbus pullback keychain that runs like the anime character
Studio Ghibli adds new Mother’s Day gift sets to its anime collection in Japan
Virtual idol Hatsune Miku redesigned with look that adds new elements and brings back old ones
The next time you’re feeling stressed out, you could relax on a Pokémon Psyduck chair from Japan
Komachi Shokudo: Japanese mum’s-style cooking for breakfast, lunch and dinner in Tokyo
Starbucks Japan opens new cafe and art gallery in top Tokyo tourist neighbourhood
Starbucks Japan releases new My Fruit³ Frappuccino at only 34 stores around the country
The top 10 graduation songs in Japan as chosen by current Japanese high school students
Starbucks Japan unveils new sakura cherry blossom collection for hanami season 2026
The 10 most annoying things foreign tourists do on Japanese trains, according to locals
Starbucks Japan releases new sakura goods and drinkware for cherry blossom season 2026
Nine great places to see spring flowers in Japan, as chosen by travelers (with almost no sakura)
Naruto and Converse team up for new line of shinobi sneakers[Photos]
Starbucks Japan releases first-ever Hinamatsuri Girls’ Day Frappuccino
Japan’s cherry blossom season predicted to start earlier than we’d thought, especially in Tokyo
Starbucks Japan releases a new Cream Puff Frappuccino for a limited time
Survey asks foreign tourists what bothered them in Japan, more than half gave same answer
Japan’s human washing machines will go on sale to general public, demos to be held in Tokyo
Starbucks Japan releases new drinkware and goods for Valentine’s Day
We deeply regret going into this tunnel on our walk in the mountains of Japan
Studio Ghibli releases Kodama forest spirits from Princess Mononoke to light up your home
Japan’s newest Shinkansen has no seats…or passengers [Video]
Major Japanese hotel chain says reservations via overseas booking sites may not be valid
Put sesame oil in your coffee? Japanese maker says it’s the best way to start your day【Taste test】
No more using real katana for tourism activities, Japan’s National Police Agency says