Right of Kids out of Legal Marriage

Significance of the decision is not about human rights of kids, but about rebuilding legal structure of civil law. The Supreme Court on Wednesday decided that the provision of Civil Law of Japan, which determined a child out of legitimate marriage would receive a half heritage of what legitimate child would take, was unconstitutional in terms of equality of children. Lawmakers now are required to abolish the provision enacted over one hundred years ago as soon as possible. Still, the conservatives are reluctant to do that in moral perspective.

The lawsuit was raised by two persons, each of whose mothers had not legally married with father. In the case of woman in Wakayama Prefecture, her mother, worker in a restaurant, had been living with her father who were the owner of the restaurant. He had legitimate spouse and children in another place. After father died in 2001, the woman realized that she could not receive a half amount of legitimate child’s take, and felt her life is as half valuable as each of them.

According to Civil Law of Japan, for example one man, wife and two kids with $1.2 million heritage, a half of the amount, $600 thousands, would be provided with legitimate spouse, and kids receive $300 thousands each. If he had another de facto wife and two kids, legitimate kids receive $200 thousands each and de facto kids do $100 thousands each. De facto wife receives none. When the decision of the Supreme Court will be implemented, four of every kid can take $150 thousands regardless their legitimacy.

In this pantheistic nation, preventive measures against bigamy had been dependent on legal provisions and, more vaguely, moral aspect. However, developed Western nations enhanced the human rights of children out of legal marriage. The United Nations insistently requested Japan to abolish the discriminative provision against children. This time, the Supreme Court decided to change it, asserting “Considering current change of family formation and people’s mind, it is not tolerated to force a child disadvantage with no choice.”

Ministers of the Cabinet are mostly willing to change the provision. But, conservative lawmakers, namely who are affiliated to Liberal Democratic, are reluctant to change traditional interpretation of marriage, saying that it would encourage bigamy or bring trouble with disputing families. Whether or not Civil Law will be reviewed, the point is that marriage is basically a personal activity, not legal. Family matters should basically  be solved within the family.