The Constitution of Japan regards “respect for the individual” as a fundamental principle and guarantees the right to equality, under which everyone is treated equally.
Basic Knowledge
Article 13 of the Constitution provides that “all of the people shall be respected as individuals,” showing the starting point of the guarantee of human rights. The following Article 14 establishes equality under the law and prohibits discrimination based on race・creed・sex・social status・family origin.
Specific equality issues include gender equality (Equal Employment Opportunity Act, Basic Act for a Gender-Equal Society), buraku discrimination (the Dowa problem, Act on the Promotion of the Elimination of Buraku Discrimination), the Ainu people (Act on Promoting Measures for Ainu), foreign residents in Japan, people with disabilities (Act for Eliminating Discrimination against Persons with Disabilities), and LGBT・sexual minorities.
Article 13 of the Constitution (respect for the individual, right to pursue happiness)
Article 14 of the Constitution (equality under the law, prohibition of discrimination)
Equal Employment Opportunity Act (enacted in 1985, prohibits gender discrimination in employment)
Basic Act for a Gender-Equal Society (1999)
Act for Eliminating Discrimination against Persons with Disabilities (enacted in 2013, requires reasonable accommodation)
Act on Promoting Measures for Ainu (2019, recognizes the Ainu as an indigenous people)
Further Study (Background・Significance)
Although we say that “all people are equal,” formal equality (equality of opportunity) alone may be insufficient in reality. For example, people with disabilities need reasonable accommodation, and the idea of ensuring substantive equality as a result is spreading.
In addition, affirmative action (positive measures to correct disparities), such as increasing the proportion of women in management, is being implemented. Eliminating discrimination requires not only laws but also the awareness and actions of each individual.
- Article 13 of the Constitution＝respect for the individual・right to pursue happiness
- Article 14 of the Constitution＝equality under the law
- Equal Employment Opportunity Act 1985
- Basic Act for a Gender-Equal Society 1999
- Act for Eliminating Discrimination against Persons with Disabilities 2013＝reasonable accommodation
- Act on Promoting Measures for Ainu 2019＝indigenous people
- Both formal equality＋substantive equality are necessary
Points to Note (Easily Confused)
① Do not confuse Article 13 (respect for the individual) with Article 14 (equality). ② Formal equality (equal opportunity) differs from substantive equality (equality of results). ③ The Equal Employment Opportunity Act (1985) and the Basic Act for a Gender-Equal Society (1999) are different laws. ④ Reasonable accommodation is a key term in the Act for Eliminating Discrimination against Persons with Disabilities.
Practice
- Which article of the Constitution establishes “respect for the individual”?
- In what year was the Equal Employment Opportunity Act enacted?
- What legal term describes consideration for people with disabilities?