TamurAsar

MissAlvarado
WorldStudies
29April2016
LGBTRightsinJapan
About every five years,incidentsofgaybashingandextortiontakeplace ingaymeeting
places in parks.1 In other words, every five years someone is beat up because of who theyare.
This is happening in Japan, an Asian country where LGBT rights are still a pressing, and a
controversial issue to many. As of 2006, Japanese laws did not include or protect lesbian, gay,
transgender, and bisexual rights to legally get married. Japanese laws do not apply to LGBT
people as our laws once did not apply to Africans. Alongside that, many people, children and
adults,faceddiscriminationforbeingLGBT.
In Japan, close to 10% of the population between 29 and 59openlysaytheyareLGBT.2
In 2013, Japan'spopulationreached127.3million.Thismeansroughlytwelvemillionpeopleare
being denied their human rights because they are LGBT. Samesex marriage does not exist in
Japan.3 This means that people of the LGBT variety cannot legallygetmarried.Accordingtoa
LGBT rights complaint bid, ...Japan's failure to acknowledge samesex marriage is
unconstitutional in that it contradicts the principle of equality and individual dignity as
guaranteed by the Constitution. its lack of a system to grant samesex unions the status of

Lunsing,Wim."LGBTRightsinJapan."
PeaceReview
17,no.23(042005):14348.
doi:10.1080/14631370500332858.
2
"LGBTRightsinJapan|Equaldex."LGBTRightsinJapan|Equaldex.AccessedApril29,
2016.http://www.equaldex.com/region/japan.
3
Ibid
1

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matrimony exposes couples to a wide varietyofdisadvantagesinlife,thusrobbingthemofthe

right to pursue happiness.4 The inability to be recognized as alegitimate marriagedeniesthe
people's "right to pursue happiness"5 which is a human right that everyone is entitled to. LGBT
issues are not going unprecedented however, many LGBT citizens are fighting against the
government for their rights. July 08Hundreds of members of the [LGBT] ... filed an
unprecedented request TuesdaywiththeJapanFederationofBarAssociations(JFBA)inabidto
legalize samesex marriages, saying Japan's failure to recognize the practice constitutes a
violation of human rights.6 Many people who fall into the LGBT categoryarecurrentlytrying
to fight against this discrimination. Even recently as of March 7th, 2016, just a fewmonthsago
many Japanese sent a request to the JFBA whose goal as an organization is to protect human
rights is still currently denying LGBT rights. In Japan, most efforts are being taken by the
people, to truly protect the unalienable human rights of the citizens, the government must
improvetheirefforts.
Previously the government have done few things to help improve LGBT conditions. In
1986, there was a law placed against sex discrimination intheworkplace. AsbyDr.Lunsing,in
the article LGBT Rights in Japan, it will most probably be no more than advisories7 This
evidence shows that roughly 30 years ago Japan did try to improve conditions. However, the

Osaki,Tomohiro."JapanLGBTgroupfileshumanrightscomplaintinbidforsamesex
marriages."
JapanTimes
,July08,2015.,
NewspaperSourcePlus
,EBSCO
host
(accessedMarch
7,2016).
5
Ibid
6
Osaki,Tomohiro."JapanLGBTgroupfileshumanrightscomplaintinbidforsamesex
marriages."
JapanTimes
,July08,2015.,
NewspaperSourcePlus
,EBSCO
host
(accessedMarch
7,2016).
7
Lunsing,Wim."LGBTRightsinJapan."
PeaceReview
17,no.23(042005):14348.
doi:10.1080/14631370500332858.
4

Asar2

general population was against the laws and it transformed into moreofarecommendationthen
it became a fullfledged, enforced law. On top of this, no large actions have been made to help
protect LGBT rights inthecommonday.To helpimproveconditionsofLGBTs,thegovernment
needs to work for the peopleanddefendtheirrights.Samesexmarriageisnottheonlyproblem,
manychildrenandadultsalikefacebullyinganddiscriminationintheirdailylives.
In an article supporting the rights and protection of LGBT children and students, the
author introduced the idea of the heavy amounts of prejudice targeting theyounger generations.
The quote reported that Japan's lesbian, gay, bisexual and transgender sexual minorities...often
face bullying at schools, feel out of place and are even suicidal, in part because society has
limited awareness and understanding of the issues surrounding them.8 Many peoplelookdown
on LGBTs aslesserhumans.Assuch,manyyoungerpeoplefaceextremebullyingandexclusion
in school. Even among the adults there are still violence acts every few years.Insomefamilies,
evenparentsofaLGBTlookeddownontheirchild.Untiljust40yearsago,whichincludesmost
adults nowadays, people were considered insane for homosexuality. In the 1970s, Japanese
families would send lesbian daughters to a mental institute.9 In just the past 40 years, families
wouldsendtheirchildawaybecauseoftheirsexualorientation.
Although LGBT rights have always been an issue, it has only really been brought to
attention thepast50years,andeveninthosepast50years,mostoftheattentionwasrecognizing
LGBTassomekindofnegativementalailment.CurrentlyinJapan,whilesamesexmarriage has

Maruko,Mami."LGBTstudentsmaybereadytocomeout,butareJapan'sschoolsreadyto
acceptthem?."
JapanTimes
,February15,2015.,
NewspaperSourcePlus
,EBSCO
host
(accessed
March8,2016).
9

Lunsing,Wim."LGBTRightsinJapan."
PeaceReview
17,no.23(042005):14348.
doi:10.1080/14631370500332858.
8

Asar3

yet to be legalized, There have been significant gains here recently in social awareness and
understanding of LGBT issues.10 The article containing that quote was was just issued just 2
months ago proving that LGBT rights and protection are gaining awarenessandisstillacurrent
issue. In the late 1990s, [the Human Rights Campaign became] the goto organization for the
corporate medias search for the gay view.11 In the late 1990s,theHumanRightsCampaign,
which as the namestates,wasacampaignforhumanrights,wasfoundtobeareliablesourcefor
how LGBTs felt about a certainmatter.Thisalsoshowsthatinthe1990s,organizationswithin
the United States were trying to make an effort to spread LGBT awareness.This wasone ofthe
first actions taken to help protect LGBT rights and just 20 years later America finally allowed
andincludedgaymarriageinallstates.
In December 6, 2011, Obama put into place an act to help improve LGBT conditions
across the world. Obama made the first, U.S. Government strategy dedicated to combating
human rights abuses against LGBT persons abroad. combat the criminalization of LGBT
status and conduct, to enhance efforts to protect vulnerable LGBT refugeesandasylumseekers,
to ensure that our foreign assistance promotes the protection of LGBT rights, to enlist
international organizations in the fight against discrimination, and to respond swiftly to abuses
againstLGBTpersons.12Thegoal wastoinformAmericansacrosstheworldtostandupagainst
discriminatory actions against LGBT people.AmericansaroundtheworldwhosupportedLGBT

Ahsh,Inc."AhshInc.:JapaneseStyleWeddingPlans,ina"machiya"GuestHouseoronthe
NohStage,forLGBTVisitorstoJapan."
BusinessWire(English)
,December0002.,
Regional
BusinessNews
,EBSCO
host
(accessedMarch11,2016).
11
Ashley,ColinP."GayLiberation."NewLaborForum(SagePublicationsInc.)24,no.3
(Fall20152015):2832.BusinessSourceComplete,EBSCOhost(accessedApril29,2016).
12
"FreeandEqualinDignityandLGBTRights."
VitalSpeechesOfTheDay
78,no.2(February
2012):4548.
HistoryReferenceCenter
,EBSCO
host
(accessedApril18,2016).
10

Asar4

rights would act to defend them no matter where they were across the world. If Japan were to
issue this same order to people within their own country, not only would its effects have an
immediate effect on LGBT conditions, but it would also help to raise awareness to the people
would help improve a lot. As a long term effect, it could possibly end all the issues regarding
LGBTrightsintheircountry.
To truly fix the issue in Japan regarding LGBT rights, the country as a whole needs to
first take the initiative by legalize LGBT marriage, then have laws protecting LGBT rights,and
finally continue to spread awareness about LGBT issues. The government must start by
accepting LGBTs into the community. As the elected prime minister has most of the power in
the government, he should be the one to start the movement to protect their rights. Due to
Japanese tradition of respect, if implemented discrimination against LGBTs should subside to
extremely minimal levels. If the government approves of this plan then LGBT protection will
increase as well. On top of that, overall conditions will improve for LGBT in society as people
will become more open and understanding creating a better and morewelcoming placeforthem
to live. Everything starts with the people. If the people initiate the movement, then the
government will followjustasithadinAmerica.Givenenoughtimeandefforttodefendandfix
these rights, all LGBT issues should subside creating another country that helps to protect the
LGBThumanrights.

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theNohStage,forLGBTVisitorstoJapan."BusinessWire(English),December
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doi:10.1080/14631370500332858.
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Asar6

acceptthem?."JapanTimes,February15,2015.,NewspaperSourcePlus,EBSCOhost
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