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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.
- Kobayashi, Yoshie. __A Path Toward Gender Equality: State Feminism in Japan__. New York: Routledge, 2004. 37-56.
World War II manifestations
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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.
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Employment Structure
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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.
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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.
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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.
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Textbooks
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See Also
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