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Audio Japan 〜Learning Japan with You〜
This podcast is to dive into Japanese culture, trends, and some niche information.
If you want to listen to it in Japanese, please go to the podcast
Audio Japan あなたと一緒に日本を学ぶ。
I broadcast on platforms like Spotify, YouTube, and Apple Podcasts.
My name is Taiki Arai and an educational designer.
We're midway through February 2024, and about one-eighth of the year, or 45 days, has already
passed. As always, I'll be delivering the show in a calm and pleasant voice. Did you know what day
it is on February 13th, just before Valentine's Day on the 14th? It's the anniversary of the
日本の非採用背景と法改正のプロセス
surname establishment. This day commemorates when it became mandatory for people to have surnames.
Until the Edo period, only nobles and samurais were entitled to have surnames,
but this changed, allowing those who previously did not have surnames to decide and register theirs.
It's said that the number of surnames expanded from about 10,000 to over 100,000 as a result.
It's quite the democratization of surnames. I bring this up because on February 13th,
Masakazu Tokura, the chairman of Keidanren, Japan Business Federation, during a regular press
conference, expressed his support for the introduction of a system allowing married
couples the option to choose separate surnames. He mentioned it as a primary measure to support
women's careers, among others. This marks the first time the chairman of Keidanren
has explicitly shown support for this system, despite the United Nations repeatedly recommending
Japan to amend the enforced same-surname system for married couples. So, in this episode, we will
discuss the separate surnames for married couples. In the first half, I'll cover the basics of the
separate surname system, how it differs from other marriage systems, and why Japan has yet to adopt it.
In the second half, we will delve into what it would take to amend the law to allow for this change.
制度の基本と他の結婚制度との違い
To wrap up, I'll recommend some books related to today's theme. Let's begin by understanding what
elective separate surnames mean. In the context of civil law, this system is referred to as the
elective separate surname system. It allows couples, if they wish, to maintain their pre-marriage surnames
even after getting married. Under the current civil code, when marrying, either the man or the woman
must change their surname. In practice, it's overwhelmingly common for women to adopt their
husband's surname. So, why, as mentioned by Kedanren Chairman Tokura, should we introduce an elective
separate surname system? As you might guess, with the rise of women in the workforce, many have found it
inconvenient to change their surnames upon marriage. This includes some of my acquaintances
who've shared that one must first visit the city hall to process the name change. Then, everything
registered under the old surname, including bank accounts, mobile phone contracts, insurance, and
credit cuts, must be updated. Furthermore, for those working during the day, taking time off work,
possibly using paid leave, is necessary to complete these procedures. If I were in this situation,
I'd find it exceedingly troublesome. I've intentionally used exceedingly and troublesome
together to emphasize just how inconvenient this process can be. Another significant point is that
individuals who have established a professional or academic reputation under their maiden name
may find their efforts compromised by a change in surname upon marriage. On the other hand,
if an elective separate surname system is implemented and couples choose to keep their
surnames separate, post-marriage public procedures would be significantly simplified. It could also
prevent work or research-related disruptions and contribute to privacy protection.
事実婚と法的結婚の違い
This is because a change in surname often makes one's marital status publicly known,
potentially infringing on personal privacy. Some might wonder if it's easier to opt for a
common-law marriage, avoiding the hassle of changing surnames. Indeed, some choose common-law marriage
but it differs from legal marriage in several ways. Child custody is principally with the mother.
Upon the birth of a child, they are automatically registered under the mother's family registry,
making shared custody impossible. Legal steps are required for the father to gain legal paternity
and neglecting this can leave the child's father section blank. No spousal deductions,
tax benefits like spousal or medical expense deductions do not apply. Complications in
renting or insuring common-law marriages lack official documents like a family registry to
prove family relationships. Proofs such as residency certificates showing common-law status,
life insurance policies or testimonies from relatives may be needed. Regarding the use of
nicknames, while it's possible to use a different name from the legal surname in daily life,
this can cause issues abroad. For example, booking a hotel under a maiden name might not
結婚後の別姓制度に対する日本の背景
be recognized if the passport shows a different surname. Hence, one might argue for amending
civil law to allow keeping one's surname after marriage, as both women and men can change their
surnames under the current system. Now, considering other countries allow either changing or keeping
surnames after marriage, why hasn't Japan adopted this approach? Misunderstandings about mandatory
change. The term separate surnames might lead some to wrongly believe a change is obligatory.
However, as it's a choice, those wanting the same surname can have it. Continuous media outreach
can alleviate this concern. Cultural traditions. Since a 1898 civil law amendment, spouses have
been required to have the same surname. However, before this, spouses often kept their original
surnames. The tradition of separate surnames predates the unified surname practice by over 120
years, exemplified by historical figures like Minamoto, No Yoritomo, and Hojo Masako. Politics.
During Shinzo Abe's tenure, there was an atmosphere within the Liberal Democratic Party that
prevented outright support for the change, citing concerns that different surnames might erode
family unity. However, there's a growing support for the system within the party in recent years,
questioning if different surnames truly affect family cohesion. In today's society, where one
in three marriages ends in divorce, it's often communication issues or misunderstandings that
lead to separation, not whether spouses share a surname. I will move on to the next discussion.
法律改正の手続き
To amend the law towards implementing the selective separate surnames system, what steps
need to be taken? Currently, Article 750 of the Civil Code stipulates that the married couple
must share a surname, and Article 74.1 of the Family Register Law mandates the declaration
of the couple's surname at the time of marriage notification. This compels either the husband or
wife to change their surname to that of their partner upon marriage. The process of amending
the law can broadly be divided into five steps. 1. Drafting the Bill to Review of the Draft 3
Cabinet. 2. Approval of the Bill for Submission to the Diet 5 Enactment and Implementation of the
Law. 3. Drafting the Bill. Either the Cabinet or members of the Diet create the initial draft
of the Bill. Historically, over 80% of legal amendments have been initiated by the Cabinet.
In such cases, relevant ministries, such as the Ministry of Health, Labour and Welfare,
or the Ministry of Economy, Trade and Industry, engage in discussions with related governmental
departments, seek advice from councils, hold public hearings, and work on the legal text.
Once the draft is ready, it moves to the next stage. Review by the Cabinet Legislation Bureau.
The draft undergoes scrutiny here, examining its constitutional and legal validity,
whether the legislative intent is accurately expressed in the legal text,
and the appropriateness of its structure, wording, and terms used. Cabinet Approval. After passing
the review, the Bill is submitted for Cabinet approval, traditionally achieved by consensus.
Once approved, the Prime Minister presents it to the Diet. Diet Deliberation. The Bill is debated
within both the House of Representatives and the House of Councillors. It can be introduced to
either Chamber first, following committee discussions and votes in both Chambers,
the Bill proceeds to plenary sessions for final approval. Enactment. A Bill becomes law if it is
passed by both Chambers, or if the House of Representatives passes it again by a two-thirds
majority after a rejection by the House of Councillors. Publication. The enacted law is
then submitted to the Emperor through the Cabinet for promulgation within 30 days,
making the public aware of the new law. Implementation. The law specifies its effective
date, which might be set directly within the law or determined later by a governmental ordinance.
The timeframe from drafting to implementation varies based on the urgency and significance
of the law amendment, making it difficult to specify an average duration.
法改定の適用と実施
Example of law amendments include the lowering of the age of adulthood from 20 to 18, effective
from April 1st, 2022, and the abolition of the 100-day remarriage prohibition period
for women after divorce, starting April 1st, 2024. These changes reflect adjustments to societal
norms and advancements in technology, such as DNA testing, which can accurately determine paternity.
Throughout this discussion, it's become clear that laws are not only to be followed,
but also to be adapted to the changing societal contexts requiring individual engagement with
politics. This realization underscores the importance of viewing governance and legal
reforms as relevant to everyone, extending beyond the confines of civics classes.
Audio Japan, Learning Japan, with you. It's time for ending. I'd like to recommend two books.
The first one is Selective Separate Surnames, Thoughts of an IT Entrepreneur Who Filed a Lawsuit.
While the issue of elective separate surnames is often seen primarily as concerning women,
this book offers a perspective from a male CEO, Mr Aono of Cibozu. It's an enlightening
read for those interested in the legal aspects discussed today, making me want to revisit it.
公立高校の公民科教材
The second book is Public 702, High School Public High School Textbook for Civics Educational Books,
started from the 2022 academic year. This textbook is associated with Mr Sadoshima
from Cork and Teacher Suzukun. Unlike traditional textbooks, this one features rich illustrations
and columns that seem to encourage discussion among students. Although it's a high school
textbook, it also serves as a valuable resource for adults looking to relearn. If you're interested,
please consider purchasing it through the link. As mentioned at the beginning, if you want to
listen to the Japanese version, go to the podcast Audio Japan Anata to Isshoni Shibbon wo Manabu.
From February, I will be broadcasting every Tuesday and Friday at 6 a.m.
Tuesdays will cover accessible themes and Fridays will delve into current affairs in Japan. On next
Tuesday's broadcast, I'll talk about food popular among foreigners. I also look forward to your
feedback and letters. Please fill out the survey form linked in the description. Your letters are
eagerly anticipated. If you enjoyed today's broadcast, please don't hesitate to subscribe
or follow the channel. Thank you for listening to the end. My name is Taiki Arai, an educational designer.
