National News Court rules against Nationality Law

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It is unconstitutional for the government to refuse Japanese nationality to a 7-year-old boy of Japanese-Philippine parenthood born out of wedlock and later recognized by his Japanese father, the Tokyo District Court ruled April 13.

It is the first time a court has ruled that a provision of the Nationality Law violates the Constitution, lawyers for the plaintiff said.

The boy's mother filed the lawsuit seeking to confirm that her son had the right to obtain Japanese nationality.

Under the Nationality Law, a child will be given Japanese nationality if either of the parents in a legal marriage is Japanese.

A child born out of wedlock can still obtain Japanese nationality if the father acknowledges the child before birth, but not if the child is recognized after birth.

The presiding judge said that given today's diverse values, it is difficult to say that a normal family is only one in which the parents are legally married.

Making a distinction on the issue of acquiring Japanese nationality based on the parents' legal relationship violates the principle of equality before law as ensured by the Constitution, he said. (Kyodo)

比女性の子に日本籍認定

東京地裁は13日、婚姻関係のない日本人の父親とフィリピン人の母親の間に生まれ、のちに日本人の父親に認知された7歳の男児に日本国籍を認めないのは違憲だとする判決を下した。

Shukan ST: April 19, 2005

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