Comment Calling to Immediately Introduce a Discretional Separate-surname Retaining System Following Recommendations from the UN Committee on the Elimination of Discrimination Against Women
On October 29, 2024, the United Nations Committee on the Elimination of Discrimination Against Women (the “Committee”) issued its concluding observations on the ninth periodic report of Japan on the implementation of the Convention on the Elimination of Discrimination against Women (the “Convention”).
The Committee has recommended in its concluding observations on three different occasions since 2003 that the government realize a discretional separate-surname retaining system for married couples. The Committee specifically requested in the last concluding observations issued in 2016 that Japan address this matter in a follow-up report within two years. However, the government has not amended the legislation to introduce such a system since the last review by the Committee and even stated during the latest review held on October 17, 2024, that public understanding of such a system is needed as to whether such a system should be introduced is an important issue that affects how a family is recognized in Japan. The government also stated that they have made an effort to spread the use of premarital surnames by married individuals so those who have changed their surname upon marriage will not suffer any disadvantages.
After the latest review, the Committee critically pointed out in its concluding observations that steps have yet to be taken by the government to revise Article 750 of the Civil Code requiring married couples to use the same surname (Item 11(a)). Based on this observation, the Committee recommended that, for the fourth time, the government amend the legislation regarding the choice of surnames for married couples to enable women to retain their premarital surnames after marriage (Item 12(a)). The Committee also made the same request as the last time that the information on steps taken to implement the recommendation be submitted in a follow-up written report by Japan within two years (Item 58).
It is utterly unacceptable that the government, as a party to the Convention, has yet to take steps to realize a discretional separate-surname retaining system for married couples for a long time despite repeated recommendations from the Committee. The Japan Federation of Bar Associations, having adopted the “Resolution Calling for Introducing a Discretional Separate-surname Retaining System so Anyone Can Decide For Themselves Whether They Will Change Their Surname Upon Marriage” dated June 14, 2024, once again urges the government to take the Committee’s fourth recommendation on this matter seriously and introduce such a system as soon as possible.
November 7, 2024
Reiko Fuchigami
President of the Japan Federation of Bar Associations
