The occupation of Japan in the aftermath of the Second World War by the Allied Powers marked a significant step in the path towards gender equality.
Indeed, in 1946-1947, two pivotal reforms were carried out under the impulse of the American occupant: the amendment of the 1889 Constitution and of the 1896 Civil Code (mainly books 4 and 5). The enshrinement in the Constitution of the principle of equality (Art 14) and of the equality of sexes in marriage (Art 24) dismantled the traditional family system, the so-called 家(ie system), extremely patriarchal.
However, in spite of the reform and of the CEDAW ratification in 1985, the Civil Code still contains provisions that prove to be highly discriminatory towards women in family-related issues, which the Supreme Court in many decisions has still ruled in compliance with the Constitution. Another other critical area where gender equality still seems to be far away is the employment, namely with respect to: employment equality, illegal dismissal of women due to pregnancy and childbirth, sexual harassment in the workplace and differences in both salary and pension benefits for men and women. Hence, there is a striking gender imbalance in employment, which is mirrored by an equal degree of imbalance in political representation, where women MPs are a very low number.
Furthermore, whenever addressing the issue of gender equality in Japan, the issue of the so-called “comfort women” during the Second World War has to be mentioned. The topic is still very sensitive and thus not properly addressed by Japan - as the fact that it is not integrated into school textbooks proves -, in spite of the pressing exercised by the CEDAW Committee.
When approaching the issue of gender equality in Japan, what emerges is a strong conservatism from the part of the ruling class, still anchored to an old-fashioned social model. So far, the Supreme Court has validated this social model, thus confirming its passivism and deference towards the executive. Indeed, in spite of the many decisions concerning key provisions of the civil code, the Court has lost many occasions to boost gender equality as well as to acknowledge the evolution of the perception women’s have of their role in the society.
The chapter will this be structured as follows: a first part dealing with the historical evolution of the Japanese social model and of the role of women in the society; a second part analysing the reform carried out during the US occupation, particularly focusing on their disruptive effect on the家; a third part centred on the critical issues of family matters, employment and political representation; a fourth part examining the resistance of the establishment through the case law of the Supreme Court; and a final part where some conclusions are drawn.