Discrimination based on race, ethnicity, nationality, sexual orientation, or gender identity is not prohibited.
Rape and Domestic Violence: The law criminalizes various forms of rape, regardless of the gender of a survivor and defines the crime as vaginal, anal, or oral penile penetration by force or through intimidation. Only men can be charged with rape, and the law does not recognize anything other than the use of male genitalia as rape. Forcible penetration with any other body part or object is considered forcible indecency, not rape. The age of consent is 13, which made prosecution for child rape difficult. The law also criminalizes custodial rape of a minor younger than age 18. The law does not deny the possibility of spousal rape, but no court has ever ruled on such a case, except in situations of marital breakdown (i.e., formal or informal separation, etc.). The law mandates a minimum sentence of five years’ imprisonment for rape convictions. Prosecutors must prove that violence or intimidation was involved or that the survivor was incapable of resistance. The penalty for forcible indecency is imprisonment for not less than six months or more than 10 years. Domestic violence is also a crime and survivors may seek restraining orders against their abusers. Convicted assault perpetrators face up to two years’ imprisonment or a modest fine. Convicted offenders who caused bodily injury faced up to 15 years’ imprisonment or a modest fine. Protective order violators faced up to one year’s imprisonment or a moderate fine. The National Police Agency received 82,643 reports of domestic violence in 2020, a record high after consecutive annual increases since 2003.
In October the Cabinet Office’s Gender Equality Bureau reported a decrease in domestic violence inquiries compared with the same period in 2020. From April to September, it reported receiving 90,843 inquiries compared with 96,132 inquiries in the same period in 2020. The Ministry of Health, Labor and Welfare allowed survivors fleeing domestic or sexual violence to receive public services from their municipality of actual residence rather than from that of their residence of record.
Rape and domestic violence were significantly underreported crimes. Observers attributed women’s reluctance to report rape to a variety of factors, including fear of being blamed, fear of public shaming, a lack of support, potential secondary victimization through the police response, and court proceedings that lack empathy for rape survivors.
In March a 43-year-old female company board official was arrested on suspicion of indecent behavior with a 17-year-old boy. Police said the woman and the survivor met on social media.
Survivors of abuse by domestic partners, spouses, and former spouses could receive protection at shelters run by either the government or NGOs.
Sexual Harassment: The law requires employers to make efforts to prevent sexual harassment in the workplace; however, such sexual harassment persisted (see section 7.d.).
Sexual harassment also persisted in society. Men groping women and girls on trains continued to be a problem. The NGO Japan National Assembly of Disabled People’s International reported continued sexual harassment and stalking of women in wheelchairs or with visual impairment on trains and at stations, calling on some railway companies to stop announcing that persons with physical disabilities were boarding trains; such announcements sometimes also included the car or station involved. Some railway companies reportedly used such announcements so that train station attendants and train crew could prevent accidents. The assembly noted the announcement, however, helped would-be offenders locate female passengers with physical disabilities. On the request of the NGO, the Ministry of Land, Infrastructure, Transport and Tourism in July issued a request that railway companies consider using alternative communication means. In August the ministry hosted a virtual meeting where representatives of more than 60 railway companies learned from assembly representatives about the harassment and stalking of women with disabilities on trains and at stations. As of the end of August, the assembly reported continued announcements by some railway companies, primarily in the greater Tokyo area.
In August the gender council of a youth group consisting mainly of high school and university students held an online petition campaign “NoMoreChikan,” demanding that the government take more fundamental and serious steps to prevent chikan (groping). At a press conference in late August, the group called on the government to conduct an in-depth survey of chikan, to increase awareness and education in schools including teaching students how to react when they are victimized, and to set up correctional programs for offenders. The group collected more than 27,000 signatures on a petition with its requests sent to the Ministry of Education, political parties, and the Tokyo Metropolitan Assembly in September.
Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
The law requires transgender persons to be without reproductive capacity, effectively requiring surgical sterilization for most persons to have their gender identity legally recognized. (See subsection “Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity” below for more information.)
The law requires spousal consent to terminate a pregnancy.
In March the Ministry of Health issued new guidelines to allow survivors of domestic violence to terminate a pregnancy without spousal consent. There were reports that rape survivors were denied abortions without consent of the perpetrator. The Japan Medical Association instructed gynecologists to request documentation like a bill of indictment or a court sentence from sexual assault survivors seeking an abortion.
The government subsidized sexual or reproductive health-care services for survivors of sexual violence when the survivors seek help from police or government-designated centers supporting sexual violence survivors located in each prefecture. These services included medical examinations and emergency contraception.
Discrimination: The law prohibits discrimination based on sex and generally provides women the same rights as men. The Gender Equality Bureau in the Cabinet Office continued to examine policies and monitor developments.
Despite the law and related policies, NGOs continued to allege that implementation of antidiscrimination measures was insufficient, pointing to discriminatory provisions in the law, unequal treatment of women in the labor market (see section 7.d.), and low representation of women in elected bodies.
Calls for the government to allow married couples to choose their own surnames continued. The civil code requires married couples to share a single surname. According to the government, 96 percent of married couples adopt the husband’s family name. On June 23, the Supreme Court ruled that the legal provision requiring married couples to use the same surname is constitutional. The ruling upheld a 2015 decision and recommended the issue be discussed in the Diet.
In February Mori Yoshiro, chairperson of the Tokyo Olympic and Paralympics organizing committees and a former prime minister, was forced to resign after saying that meetings with women take too long because women talk too much.
Three high school students collected more than 7,500 signatures on a petition urging a major convenience store to change the name of its readymade food line from Okaasan Shokudo (Mom’s Diner). They argued there is an inherent gender bias in the name, implying that a wife’s job is to do the cooking and housework, possibly deepening social biases.
According to National Police Agency statistics, 7,026 women committed suicide in 2020, a 15 percent increase from the previous year. In February the prime minister elevated the issue to the cabinet level, assigning it to the minister for regional revitalization. A member of the ruling LDP’s “loneliness and isolation” taskforce attributed the increase to stresses arising from the pandemic, including the increased presence tin the home of spouses and children; record levels of domestic violence; and multiple high-profile celebrity suicides. The government also reported the number of working women who committed suicide rose to 1,698 in 2020 compared with an annual average of 1,323 from 2015 to 2019. The government attributed the more than 28 percent increase to the COVID-19 pandemic, in which women were disproportionally dismissed from their employment. The number of men and nonworking or self-employed women committing suicide declined. In response the bureau continued 24-hour hotline services and consultation services via social network services in Japanese and 10 foreign languages.
Systemic Racial or Ethnic Violence and Discrimination
There is no comprehensive law prohibiting racial, ethnic, or religious discrimination.
Despite legal safeguards against discrimination, foreign permanent residents in the country and non-ethnic Japanese citizens, including many who were born, raised, and educated in the country, were subjected to various forms of entrenched societal discrimination, including restricted access to housing, education, health care, and employment opportunities. Foreign nationals and “foreign looking” citizens reported they were prohibited entry – sometimes by signs reading “Japanese Only” – to privately owned facilities serving the public, including hotels and restaurants.
Senior government officials publicly repudiated the harassment of ethnic groups as inciting discrimination and reaffirmed the protection of individual rights for everyone in the country.
Representatives of the ethnic Korean community said hate speech against Koreans in public and on social networking sites persisted.
According to legal experts, hate speech or hate crimes against transgender women and ethnic Koreans, especially against Korean women and students, were numerous, but there were also incidents directed at other racial and ethnic minorities. Legal experts pointed out that hate speech against Chinese and Ainu also increased after the COVID-19 outbreak and the opening of the government-run National Ainu Museum in July 2020, respectively.
In May the Tokyo High Court ordered an Oita man to pay 1.3 million yen ($11,900) in damages for discriminatory comments he made on his blog about Koreans living in the country. The ruling determined the comments constituted racial discrimination. The plaintiff identified the defendant by using identifying information obtained from the internet service provider.
Students at Korea University (operated by an organization with close links to the North Korean regime) in Tokyo were excluded from government-issued financial aid designed to mitigate financial difficulties among students resulting from COVID-19. The government denied the exclusion of Korea University, which the government does not recognize as a higher education institution, constituted discrimination based on race, ethnicity, or nationality.
There were reports that kindergartners at an ethnically Korean school in Saitama were excluded from a government initiative to distribute face masks to schoolchildren and preschool workers.
In July the Supreme Court rejected a lawsuit to compel the government to provide Chosen schools subsidies for tuition. Chosen schools offer education to resident ethnic Koreans; the national government does not recognize them. All private high schools, except for the 64 Chosen schools, received tuition subsidies from the government. Local prefectures may recognize them and independently provide subsidies.
The law specifically addresses discrimination against Buraku (the descendants of feudal-era outcasts). It obligates national and local governments to study discrimination against Buraku, implement awareness education, and enhance the counseling system.
Buraku advocacy groups continued to report that despite socioeconomic improvements in their communities, widespread discrimination persisted in employment, marriage, housing, and property assessment. Although the Buraku label was no longer officially used to identify individuals, the family registry system can be used to identify them and facilitate discriminatory practices. Buraku advocates expressed concern that employers who required family registry information from job applicants for background checks, including many government agencies, might use this information to identify and discriminate against Buraku applicants.
The law recognizes Ainu as indigenous people, protects and promotes their culture, and prohibits discrimination against them. The law requires the national and local governments to take measures to support communities and boost local economies and tourism. The law does not provide for self-determination or other tribal rights, nor does it stipulate rights to education for Ainu.
There were widespread reports of continued discrimination against Ainu. In March a Nippon Television program broadcast content that used an anti-Ainu slur, in April graffiti with the same derogatory language was found in Tokyo, and throughout the year there were reports of hate speech online.
Although the government does not recognize the Ryukyu (a term that includes residents of Okinawa and portions of Kagoshima Prefecture) as indigenous people, it officially acknowledged their unique culture and history and made efforts to preserve and show respect for those traditions.
Birth Registration: The law grants citizenship at birth to a child of a Japanese father who either is married to the child’s mother or recognizes his paternity; a child of a Japanese mother; or a child born in the country to parents who are both unknown or are stateless. The law relieves individuals from some conditions for naturalization to a person born in the country with no nationality at the time of birth but who has resided in the country for three consecutive years or more since his or her birth, but it does not grant citizenship without further conditions. The law requires registration within 14 days after in-country birth or within three months after birth abroad, and these deadlines were generally met. Individuals were allowed to register births after the deadline but were required to pay a nominal fine.
The law requires individuals to specify whether a child was born in or out of wedlock on the birth registration form. The law presumes that a child born within 300 days of a divorce is the divorced man’s child, resulting in the nonregistration of an unknown number of children.
Child Abuse: Reports of child abuse increased. Experts attributed the rise to increased social isolation during the COVID-19 pandemic. According to official data, police investigated a record 2,133 child abuse cases in 2020, an 8.2 percent increase from the previous year. Of the cases, 1,756 involved physical violence; 299 involved sexual abuse; 46, psychological abuse; and 32, neglect. Police took custody of 5,527 children whose lives were threatened and notified child consultation centers of suspected abuse against a record 106,991 children. Also in 2020, child abuse deaths totaled 57, of which half (28) were of children younger than age one. There were concerns that more cases went undetected as COVID-19 reduced the frequency with which children interacted with persons outside the family.
Reports of sexual abuse of children by teachers declined by more than half, largely because of increased public awareness and disciplinary dismissal of those teachers, according to a Ministry of Education official. Local education boards around the nation imposed disciplinary actions on 126 public school teachers for sexual misconduct with children from April 2019 through March 2020 according to the Ministry of Education. The ministry dismissed 96 percent of the disciplined teachers from their teaching posts. By law their teaching licenses were invalidated, but they may obtain teaching licenses again after three years. Children were also subject to human rights abuses via the internet. Abuses included publishing photographs and videos of elementary school students in public places without their consent. The government requested site operators to remove such images, and many reportedly complied.
Child, Early, and Forced Marriage: The law stipulates that to marry, the male partner must be age 18 or older and the female partner 16 or older. A person younger than 20 may not marry without at least one parent’s approval. A law creating gender parity in the legal age to marry, 18 for both sexes, comes into force in April 2022.
Sexual Exploitation of Children: The commercial sexual exploitation of children is illegal, with penalties including prison sentences or moderate fines. Statutory rape laws criminalize sexual intercourse with a girl younger than age 13, notwithstanding her consent. The penalty for statutory rape is a sentence of not less than three years’ imprisonment with mandatory labor. The law was enforced. Additionally, national law and local ordinances address sexual abuse of minors. Possession of child pornography is a crime. The commercialization of child pornography is illegal with the penalty of imprisonment with labor for not more than three years or a moderate fine. Police continued to crack down on this crime and noted that instances of sexual exploitation via social networking services continued to rise. NGOs continued to express concern that preventive efforts more frequently targeted victims rather than perpetrators. NGOs reported the low age of consent complicated efforts to formally identify children exploited in commercial sex as trafficking victims.
The continued practice of enjo kosai (compensated dating) and the existence of websites for online dating, social networking, and “delivery health” (a euphemism for call girl or escort services) facilitated the sex trafficking of children and other commercial sex industries. NGOs reported that unemployment and stay-at-home orders established because of the COVID-19 crisis fueled online sexual exploitation of children. The government’s interagency taskforce to combat child sex trafficking in joshi kosei (or “JK” businesses) – dating services connecting adult men with underage girls – and in forced pornography continued to strengthen its crackdown on such businesses. Ordinances in seven prefectures ban JK businesses, prohibiting girls younger than age 18 from working in “compensated dating services,” or requiring JK business owners to register their employee rosters with local public safety commissions. NGOs helping girls in the JK business reported a link between these activities and the commercial sexual exploitation of children in prostitution.
In May, Honda Hiranao, a Constitutional Democratic Party of Japan Lower House Diet member from Hokkaido, reportedly said that it would be “wrong” for a man in his 50s like himself to be arrested for having consensual sex with a 14-year-old child. The remark came as the party discussed raising the age of consent from 13 to 16. In June, Honda publicly apologized and asked to withdraw his remarks, for which the party gave him a “severe verbal warning.” In July he resigned from the party and the Diet.
The country was a site for the production of child pornography and the exploitation of children by traffickers.
No law addresses the unfettered availability of sexually explicit cartoons, comics, and video games, some of which depicted scenes of violent sexual abuse and the rape of children.
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
The total Jewish population is approximately 3,000 to 4,000. There were no reports of anti-Semitic acts.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
Persons with Disabilities
A law prohibits discrimination against persons with physical, intellectual, mental, or other disabilities affecting body and mind and bars infringement of their rights and interests on the grounds of disability in the public and private sectors. The law requires the public sector to provide reasonable accommodations and the private sector to make best efforts in employment, education, access to health care, or the provision of other services. The laws do not stipulate remedies for persons with disabilities who experience discriminatory acts, nor do they establish penalties for noncompliance. Accessibility laws mandate that construction projects for public-use buildings must include provisions for persons with disabilities. The government may grant low interest loans and tax benefits to operators of hospitals, theaters, hotels, and other public facilities if they upgrade or install features to accommodate persons with disabilities. Nonetheless, persons with disabilities faced physical barriers to accessing some public services.
Abuse of persons with disabilities was a serious concern. Persons with disabilities experienced abuse, including sexual abuse of women with disabilities, by family members, care-facility employees, and employers. Some persons with disabilities reported increased verbal abuse of persons with disabilities on the street.
HIV and AIDS Social Stigma
No law prohibits discrimination against persons with HIV or AIDS; nonbinding health ministry guidelines state that firms should not terminate or fail to hire individuals based on their HIV status. Courts have awarded damages to individuals fired from positions due to their HIV status.
Concerns about discrimination against individuals with HIV or AIDS and the stigma associated with the disease, and fear of dismissal, prevented many persons from disclosing their HIV or AIDS status.
Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity
No law prohibits discrimination based on sexual orientation or gender identity, and there are no penalties associated with such discrimination. In April, however, Mie became the country’s first prefecture to implement an ordinance to prohibit forcing lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons to disclose their sexual orientation or gender identity and to ban disclosure of their sexual orientation or gender identity without their consent. The ordinance, however, has no penalties nor a remedy mechanism for abuses. LGBTQI+ advocacy organizations reported instances of discrimination, outing, bullying, harassment, and violence.
The LDP failed to advance a bill to promote greater understanding of the LGBTQI+ community due to strong opposition from influential party members to including the phrase “discrimination is unacceptable.” In May, LDP Lower House Member Yana Kazuo reportedly claimed that sexual minorities were “resisting the preservation of the species that occurs naturally in biological terms.”
All new textbooks included extensive information about LGBTQI+ and gender issues across nine subjects.
The law requires transgender persons to be without reproductive capacity, effectively requiring surgical sterilization for most persons to have their gender identity legally recognized. They also must meet additional conditions, including undergoing a psychiatric evaluation and receiving a diagnosis of “gender identity disorder,” a disorder not recognized in the International Classification of Diseases; being unmarried and older than age 20; and not having any children younger than age 20. If the conditions are met, pending approval by a family court, their gender can be recognized.
In 2019 (most recent available data), 948 individuals officially registered a new gender, the highest number since it was allowed in 2004, according to the Supreme Court. Advocates, however, continued to voice concern about discrimination and the strict conditions required for persons to change their sex in family registries.
In May the Tokyo High Court ruled that it was acceptable for the Ministry of Economy, Trade, and Industry to restrict the use of women’s bathrooms by a transgender official, overturning a lower court ruling. The official has been diagnosed with gender-identity disorder but was still registered as male in her family registry. The official also claimed the ministry told persons at her workplace about her gender-identity disorder without her approval. The court ordered the state to pay 110,000 yen ($1,010) in damages for psychological pain caused by inappropriate remarks made by the person’s superiors.
In November 2020 the Tokyo High Court dismissed an appeal for damages from the parents of a student who fell from a school building in 2015 after his classmates disclosed he was gay; however, the court ruled that revealing the student’s sexual orientation was illegal.
According to a survey of more than 10,000 LGBTQI+ individuals, 38 percent reported being sexually harassed or assaulted. One respondent, a transgender man, reported that after being sexually assaulted by a man, he was subsequently refused help by a sexual violence counseling center and turned away by police when trying to file a report. The Ministry of Justice received 15 inquiries about potential human rights abuses based on sexual orientation and gender identity in 2020, providing the inquirers with legal advice.
Stigma surrounding LGBTQI+ persons remained an impediment to self-reporting of discrimination or abuse.
There is one openly LGBTQI+ national legislator, a member of the Constitutional Democratic Party of Japan.