| 
  • If you are citizen of an European Union member nation, you may not use this service unless you are at least 16 years old.

  • Social distancing? Try a better way to work remotely on your online files. Dokkio, a new product from PBworks, can help your team find, organize, and collaborate on your Drive, Gmail, Dropbox, Box, and Slack files. Sign up for free.

View
 

Legal Manifestations of Feminism in Japan

Page history last edited by PBworks 14 years, 2 months ago

Other Topics

 

Legal Manifestations of Feminism in Japan

 


 

Throughout the twentieth century, Japan has undergone a great deal of transformation (not all of it willingly) in order to conform to a western economic and legal system. These changes have held massive implications for feminism in Japan, some positive, many not so much. With the introduction of capitalist modes of production and the ever-so-slow dissolution of the ie family system, women face issues of fair employment, just as a male-dominated society struggles to find ways to express women's history.


 

State Feminism

 

Women's Bureau

 

In the years immediately following World War II under the close supervision of the Supreme Commander of Allied Powers, Japan instituted many policies policies to promote the status of women in society. To organize its interactions with feminist organizations and the (now-voting) woman constituency, the government established the Women's Bureau as a part of the Ministry of Labor in 1947. For more information on the formation of the Woman's Bureau, read:

 

  • Kobayashi, Yoshie. __A Path Toward Gender Equality: State Feminism in Japan__. New York: Routledge, 2004. 37-56.

 

The Equal Employment Opportunity Law (EEOL) was passed in 1985 in order to bring Japan into compliance with the Convention on the Elimination of All Forms of Discrimination Against Women, a UN document signed by Japan in 1979. It stipulates (and strongly suggests) that employers should eliminate discrimination in their recruitment, employment and remuneration of employees based on sex. Many conservatives have attacked the law based on perceived bias in its enforcement, and women's groups have criticized it for not going far enough to enforce the requirements. Also, it has drawn a mixture of criticism and support for stipulating various limitations upon women's work hours, and granting menstrual leave by request. This has been characterized both as necessary accommodations to even the playing field for women in the workforce, as well as having a regressive influence by giving employers an "excuse" to keep women workers from rising to management positions and catering to the idea that women need to be helped in order to maintain the same level of work. Despite what has been said about the law, however, there has been a marked increase in part-time employment of women since it's passage.

 

In 1999, the EEOL was revised to remove many of the limitations placed on women's overtime, holiday and late-night hours, as well as to provide a basis for enforcement of the regulations surrounding recruitment and employment. Punishments, and a clause allowing the government to publicize those companies that are noncompliant, are also detailed in the revised version of the law.

 

and Social System Regarding Women in Japan

 

World War II manifestations

 

During the Pacific War, a different style of state feminism was employed to gain support among women and peace activists. The state instituted

 

Top


 

Constitution

 

Drafting a constitution after the war gave women in Japan an opportunity for further equality in terms of human rights and rights to work. The concern of the United States to eliminate fascist elements of Japan that defined the country during the war ensured that the constitution would be strongly egalitarian, but it goes much further to protect the rights of women in marriage and as citizens even than that of the United States. This is the result of

 

Article 9

 

Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes. 2) In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be maintained. The right of belligerency of the state will not be recognized.

 

Article 14

 

All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin. 2) Peers and peerage shall not be recognized. 3) No privilege shall accompany any award of honor, decoration or any distinction, nor shall any such award be valid beyond the lifetime of the individual who now holds or hereafter may receive it.

 

Article 24

 

Marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis. 2) With regard to choice of spouse, property rights, inheritance, choice of domicile, divorce and other matters pertaining to marriage and the family, laws shall be enacted from the standpoint of individual dignity and the essential equality of the sexes.

 

Related Links

 

Top


 

Employment Structure

 

Related Links

 

Top


 

International Year for Women

 

In 1975, the United Nations declared the year as the International Year for Women, focusing international attention on the status of women in society.

 

Top


 

Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

 

 

Goals:
  • to incorporate the principle of equality of men and women in their legal system, abolish all discriminatory laws and adopt appropriate ones prohibiting discrimination against women;
  • to establish tribunals and other public institutions to ensure the effective protection of women against discrimination;
  • and to ensure elimination of all acts of discrimination against women by persons, organizations or enterprises.

 

Related Links

 

 

Top


 

Sexual Harassment

 

Workplace sexual harassment

 

Campus sexual harassment

 

Laws pertaining to sexual harassment cases

 

International Labour Organization:

 

Under article 709 of the Civil Code, a person who unlawfully infringes upon another person’s rights may be liable to pay damages, and courts have used this provision in some sexual harassment cases on the basis of a personal right to a working environment conducive to working. Article 715 of the Civil Code provides that employers are liable in tort for employees’ illegal conduct if the conduct is carried out in the course of the employer’s business. The courts have used this provision to make employers liable for an employee’s sexual harassment of a co-worker.

 

Related Links

Top


 

Textbooks

 

Also see the section on the textbook controversy surrounding military slavery during the Pacific War.

 

Related Links

 

Top


 

See Also

 

 

Top

Comments (0)

You don't have permission to comment on this page.