One of the most focused bills of the current Diet session is the one on the right that women could choose her family name at the time of marriage. The New Socialist Party has long insisted on enacting a law to approve the right to select a surname. That is to change existing gender inequality coming from the matrimonial system and to create a diverse society here in Japan.
LET’S ENACT A LAW TO ADMIT RIGHT TO CHOOSE FAMILY NAME
Civil law compels married couple to use identical surname
The civil law under Article 750 specifies that a married couple should share an identical surname, either one of husband or of wife. If a pair selects husband’s family name, a female partner is obliged to change her original one. Only Japan in the world has a law to enforce a married couple to use a single surname.
The selective family name system is a measure to allow people to use either an identical family name or original family names of husband and wife separately. For this purpose, the civil code should be revised.
Enforcement is unconstitutional
Compulsion to use an identical surname violates the constitution. Under Article 13 of the constitution provided is that ‘all of the people shall be respected as individuals’; thus, everyone is assured of his/her right of personality. To coerce altering surname infringes this right. Under Article 24 of the constitution is stipulated that ‘marriage shall be based only on the mutual consent of both sexes’, and the obligation means an additional requirement for marriage, which violated the said article.
If a pair does not agree to the duty and choose common-law marriage, they cannot enjoy legitimate status as a married couple, which violates Article 14 of the constitution providing ‘equality under the law’. Coercion to have an identical surname between a husband and a wife also violates international law, such as the Convention on the Elimination of All Forms of Discrimination against Women and the International Covenants on Human Rights.
Gender-oriented social order
As a result of the civil law which regulates the use of surname, as many as 95.5% of women alter their original family name to that of her husband. The fact reflects reproduction of a practice of a male-first order, which is both historic and social, that comes from the division of roles by sexes, in which the male player used to be a breadwinner.
Thus, many of women have been inflicted with disadvantages; inconveniences in her daily life and on her job as well as loss of identity.
Implementation of the selective family name system is an important task; which implies fulfillment of constitutional rights, leading to a gender-equal society.
A struggle against nationalism
Conservative, nationalist political forces, which includes Mr. Abe Shinzo, have starkly obstructed the system, criticizing that ‘it will collapse family bondage’. However, the identical family name system was introduced only in 1898, when the previous civil code was enacted with commencement of its family scheme. Before that time, practically, many people had not had a family name or the married had used their own surnames.
A politician from the Ishin=Renovation Party asserts an identical family name with an identical family registration and advocates legal assurance of daily use of a popular name. That is a mixture of nationalism and steps to respond to realities. Advantages of using a popular name are limited and certification of double names will complicate, instead, the current situation.
A demand to put the selective family name system into practice means also to fight against the nationalist forces so as to create a diverse society.
民法で同姓強制
日本の民法７５０条は、夫と妻がどちらかの姓を共に称する「夫婦同姓」を定めている。夫の姓を共に称する場合、妻は夫の姓へ改姓せざるをえない。法律で同姓を強制するのは世界で日本だけだ。
これを正すのが、「選択的夫婦別姓」の制度だ。一方の姓を共に名乗る同姓でも、夫も妻も元の姓を名乗りつづける別姓でもかまわない。同姓か別姓かを選択できるよう、民法を改正するのである。
強制は憲法違反
同姓の強制は憲法に違反している。憲法13条は「すべて国民は、個人として尊重される」と、一人ひとりの人格権を保障する。姓変更強制はこの人格権を侵害する。24条では「婚姻は、両性の合意のみに基づいて成立」と定めるが、同姓強制は結婚要件を追加するもので、24条に違反する。
さらに強制に納得せず事実婚を選んだ夫婦は、婚姻による法的地位を得られず、これは憲法14条の法の下の平等に違反する。夫婦同姓の強制は国際的な女性差別撤廃条約や自由権規約にも反する。
ジェンダー秩序
夫婦同姓を強制する今の民法の結果、95・５％もの女性が夫の姓に改姓している。これは、男を主な稼ぎ手とする性別役割分業など歴史的かつ社会的に作られた男性優位なジェンダー秩序の再生産に他ならない。
そして多くの女性は、改姓により、仕事や日常生活での不便、アイデンティティ喪失など様々な不利益を受けてきた。 憲法を活かす選択的夫婦別姓実現は、ジェンダー平等への大切な課題である。
国家主義に対抗
夫婦別姓の要求に対し、安倍晋三氏など保守・国家主義勢力は「家族の絆が失われる」などと激しく妨害している。だが同姓化は１８９８年成立の旧民法による家制度と共に始まったにすぎない。それまでの日本では姓を持たなかったり、別姓が普通だった。
また維新の会の主張は、〈同一戸籍・同一姓維持〉＋〈旧姓の通称使用の法的担保〉という、国家主義と現実対応のミックス。しかし、通称使用の利益は限られるし、法的ダブルネーム化は事態をかえって複雑化させる。
選択的夫婦別姓の要求は、国家主義勢
力に対抗し、多様性ある社会を実現する闘いでもある。
英訳版↓
No.1262 Gender-Equal Society
One of the most focused bills of the current Diet session is the one on the right that women could choose her family name at the time of marriage. The New Socialist Party has long insisted on enacting a law to approve the right to select a surname. That is to change existing gender inequality coming from the matrimonial system and to create a diverse society here in Japan.
LET’S ENACT A LAW TO ADMIT RIGHT TO CHOOSE FAMILY NAME
Civil law compels married couple to use identical surname
The civil law under Article 750 specifies that a married couple should share an identical surname, either one of husband or of wife. If a pair selects husband’s family name, a female partner is obliged to change her original one. Only Japan in the world has a law to enforce a married couple to use a single surname.
The selective family name system is a measure to allow people to use either an identical family name or original family names of husband and wife separately. For this purpose, the civil code should be revised.
Enforcement is unconstitutional
Compulsion to use an identical surname violates the constitution. Under Article 13 of the constitution provided is that ‘all of the people shall be respected as individuals’; thus, everyone is assured of his/her right of personality. To coerce altering surname infringes this right. Under Article 24 of the constitution is stipulated that ‘marriage shall be based only on the mutual consent of both sexes’, and the obligation means an additional requirement for marriage, which violated the said article.
If a pair does not agree to the duty and choose common-law marriage, they cannot enjoy legitimate status as a married couple, which violates Article 14 of the constitution providing ‘equality under the law’. Coercion to have an identical surname between a husband and a wife also violates international law, such as the Convention on the Elimination of All Forms of Discrimination against Women and the International Covenants on Human Rights.
Gender-oriented social order
As a result of the civil law which regulates the use of surname, as many as 95.5% of women alter their original family name to that of her husband. The fact reflects reproduction of a practice of a male-first order, which is both historic and social, that comes from the division of roles by sexes, in which the male player used to be a breadwinner.
Thus, many of women have been inflicted with disadvantages; inconveniences in her daily life and on her job as well as loss of identity.
Implementation of the selective family name system is an important task; which implies fulfillment of constitutional rights, leading to a gender-equal society.
A struggle against nationalism
Conservative, nationalist political forces, which includes Mr. Abe Shinzo, have starkly obstructed the system, criticizing that ‘it will collapse family bondage’. However, the identical family name system was introduced only in 1898, when the previous civil code was enacted with commencement of its family scheme. Before that time, practically, many people had not had a family name or the married had used their own surnames.
A politician from the Ishin=Renovation Party asserts an identical family name with an identical family registration and advocates legal assurance of daily use of a popular name. That is a mixture of nationalism and steps to respond to realities. Advantages of using a popular name are limited and certification of double names will complicate, instead, the current situation.
A demand to put the selective family name system into practice means also to fight against the nationalist forces so as to create a diverse society.
June 15, 2022