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Japan
Summary of Domestic Prohibition
Slavery and slave trade
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Practices similar to slavery
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Servitude
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Forced or compulsory labour
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Human trafficking
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Forced marriage
Provisions related to forced marriage in Japan are found in the Criminal Code, which addresses kidnapping another person by force or enticement for the purpose of marriage at Article 225, with a potential penalty of imprisonment from one year to ten years. Provisions related to forced marriage in Japan are also found in the 1987 Civil Code, which addresses a marriage concluded due to fraud or duress at Article 747.
Consent to marriage
Provisions requiring consent to marriage in Japan are found in the Constitutional Law 1946, article 24 of which states that marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis. With regard to choice of spouse, property rights, inheritance, choice of domicile, divorce and other matters pertaining to marriage and the family, laws shall be enacted from the standpoint of individual dignity and the essential equality of the sexes. Section 747(1) of Civil Code 1987 further recognises that the consent of a party or prospective party to a marriage is invalidated where the person is subjected to coercion.
Servile marriage
Although legislation in Japan does not prohibit servile matrimonial transactions in all their forms, it does prohibit selling a bride under Article 226-2(3) of the Penal Code, with a potential penalty of imprisonment with work of 1 year to 10 years.
Marriage trafficking
Although legislation in Japan does not prohibit marriage trafficking as such, it does prohibit abduction for marriage under Article 225 of the Criminal Code, with a potential penalty of imprisonment with work for not less than 1 year but not more than 10 years.
Minimum age for marriage
The minimum age for marriage in Japan is 18, without differentiation by gender, as set out on Article 731 of the 1987 Civil Code. However, marriages below this age may be permitted with the consent of both parents. These exceptions are not differentiated by gender, as set out on Article 737 of the 1987 Civil Code. Where marriages are conducted involving a person below the minimum age, the person of non-marriageable age may claim the rescission of marriage, as set out on Article 745 of the 1987 Civil Code.
Region
Asia-Pacific
Regional Court
Not party to a court
Legal System
Civil
International Instruments
International Obligations
- Slavery
- Servitude
- Forced Labour
- Human Trafficking
- Marriage Trafficking
Regional Organisations
- Asia Cooperation Dialogue
- Organanisation for Economic Cooperation and Development
- Bali Process
- ASEAN Regional Forum
Legislative Provisions
THE CONSTITUTION OF JAPAN 1946
Article 18.
No person shall be held in bondage of any kind. Involuntary servitude, except as punishment for crime, is prohibited.
Article 22.
Every person shall have freedom to choose and change his residence and to choose his occupation to the extent that it does not interfere with the public welfare.
Freedom of all persons to move to a foreign country and to divest themselves of their nationality shall be inviolate.
Article 24.
Marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis.
With regard to choice of spouse, property rights, inheritance, choice of domicile, divorce and other matters pertaining to marriage and the family, laws shall be enacted from the standpoint of individual dignity and the essential equality of the sexes.
Article 27.
All people shall have the right and the obligation to work.
Standards for wages, hours, rest and other working conditions shall be fixed by law.
Children shall not be exploited.Japan Constitution
CRIMINAL CODE
Article 220. (Unlawful Capture and Confinement)
A person who unlawfully captures or confines another shall be punished by imprisonment with work for not less than 3 months but not more than 7 years.
Article 223. (Compulsion)
(1) A person who, by intimidating another through a threat to another’s life, body, freedom, reputation or property or by use of assault, causes the other to perform an act which the other person has no obligation to perform, or hinders the other from exercising his or her rights, shall be punished by imprisonment with work for not more than 3 years.
(2) The same shall apply to a person who, by intimidating another through a threat to the life, body, freedom, reputation or property of the relatives of, another causes the other to perform an act which the other person has no obligation to perform, or hinders the other from exercising his or her rights.
(3) An attempt of the crimes proscribed under the preceding two paragraphs shall be punished.
Article 224. (Kidnapping of Minors)
A person who kidnaps a minor by force or enticement shall be punished by imprisonment with work for not less than 3 months but not more than 7 years.
Article 225. (Kidnapping for Profit)
A person who kidnaps another by force or enticement for the purpose of profit, indecency, marriage or threat to the life or body shall be punished by imprisonment with work for not less than 1 year but not more than 10 years.
Article 226. (Kidnapping for Transportation out of a Country)
A person who kidnaps another by force or enticement for the purpose of transporting another from one country to another country shall be punished by imprisonment with work for a definite term of not less than 2 years.
Article 226-2 (Buying or Selling of Human Beings)
(1) A person who buys another shall be punished by imprisonment with work for not less than 3 months but not more than 5 years.
(2) A person who buys a minor shall be punished by imprisonment with work for not less than 3 months but not more than 7 years.
(3) A person who buys another for the purpose of profit, indecency, marriage or threat to the life or body, shall be punished by imprisonment with work for not less than 1 year but not more than 10 years,
(4) The preceding paragraph shall apply to a person who sells another.
(5) A person who sells or buys another for the purpose of transporting him/her from one country to another country shall be punished by imprisonment with work for not less than 2 years.
Article 226-3 (Transportation of Kidnapped Persons out of a Country)
A person who transports another kidnapped by force or enticement or another who has been bought or sold, from one country to another country, shall be punished by imprisonment with work for not less than 2 years.
Article 227. (Delivery of Kidnapped Persons)
(1) A person who, for the purpose of aiding another who has committed any of the crime proscribed under Articles 224, 225 or the preceding three Articles, delivers, receives, transports or hides a person who has been kidnapped by force or enticement or has been bought or sold, shall be punished by imprisonment with work for not less than 3 months but not more than 5 years.
(2) A person who, for the purpose of aiding another who has committed the crime proscribed under paragraph 1 of Article 225-2, delivers, receives, transports or hides a person who has been kidnapped shall be punished by imprisonment with work for not less than 1 year but not more than 10 years.
(3) A person who, for the purpose of profit, indecency or threat to the life or body, receives a person who has been kidnapped or sold, shall be punished by imprisonment with work for not less than 6 months but not more than 7 years.
4) A person who, for purpose proscribed under paragraph 1 of Article 225-2, receives a person who has been kidnapped shall be punished by imprisonment with work for a definite term of not less than 2 years. The same shall apply to a person, who has received a kidnapped person and causes or demands such person’s relative or any other person who would be concerned about the safety of the kidnapped person to deliver any property, taking advantage of such concern.
EMPLOYMENT SECURITY ACT 1947
Article 63
A person who falls under any of the following items shall be punished by imprisonment with work for not less than one year and not more than ten years or a fine of not less than two hundred thousand yen and not more than three million yen:
(i) a person who has carried out or engaged in employment placement, labor recruitment or labor supply by means of violence, intimidation, confinement or other unjust restraint on mental or physical freedom;
(ii) A person who has carried out or engaged in employment placement, labor recruitment or labor supply with an intention of having workers do work harmful to public health or morals.
Article 65
A person who falls under any of the following items shall be punished by imprisonment with work for not more than six months or a fine of not more than three hundred thousand yen:
…
(viii) A person who has carried out or engaged in employment placement, labor recruitment, or labor supply by placing a false advertisement or by presenting false conditions;
(ix) A person who has carried out or engaged in employment placement, labor recruitment, or labor supply for a factory, workplace, etc. of which working conditions are in violation of a law or regulation.Japan Employment Security Act
LABOUR STANDARDS LAW
Article 5 (Prohibition of Forced Labor)
An employer shall not force workers to work against their will by means of violence, intimidation, imprisonment, or any other unfair restraint on the mental or physical freedom of the workers.
Article 117.
A person who has violated the provisions of Article 5 shall be sentenced to penal servitude of not less than one year and not more than ten years, or to a fine of not less than 200,000 yen and not more than 3,000,000 yen.Japan Labour Standards Law
THE LAW FOR PUNISHMENT OF ORGANIZED CRIMES, CONTROL OF CRIME PROCEEDS AND OTHER MATTERS
Schedule (with respect to Articles 2, 13, 22, 42, 56 and 59)
(M) an offence provided for in Articles 224 to 228 (Kidnapping or abduction of a minor, Kidnapping or abduction for profit or other purposes, Kidnapping or abduction for ransom, etc., Kidnapping or abduction for transportation to foreign country and traffic in persons, Receipt, etc. of kidnapped or abducted person, Attempts) of the Penal CodeJapan Organised Crime Law
ACT OF PUNISHMENT OF ACTIVITIES RELATING TO CHILD PROSTITUTION AND CHILD PORNOGRAPHY, AND THE PROTECTION OF CHILDREN
Article 4 Child Prostitution
Any person who commits child prostitution shall be sentenced to imprisonment with work for not more than five years or a fine of not more than three million yen.
Article 5 Intermediation in Child Prostitution
(1) Any person who intermediates in child prostitution shall be sentenced to imprisonment with work for not more than five years and/or a fine of not more than five million yen.
(2) Any person who intermediates in child prostitution with the intention of doing so on a regular basis shall be sentenced to imprisonment with work for not more than seven years and a fine of not more than ten million yen.
Article 6 Solicitation of Child Prostitution
(1) Any person who solicits another person to commit child prostitution for the purpose of intermediating child in prostitution shall be sentenced to imprisonment with work for not more than five years and/or a fine of not more than five million yen.
(2) Any person who solicits another person to commit child prostitution on a regular basis for the purpose set forth in the preceding paragraph shall be sentenced to imprisonment with work for not more than seven years and a fine of not more than ten million yen.
Article 8 Trafficking in Children for the Purpose of Child Prostitution
(1) Any person who buys or sells a child for the purpose of having the child be a party to sexual intercourse in child prostitution, or for the purpose of producing child pornography by depicting the pose of a child, which falls under any of the items of paragraph 3 of Article 2, shall be sentenced to imprisonment with work for not less than one year and not more than ten years.
(2) Any Japanese national who transports a child residing in a foreign state, who has been kidnapped by enticement or force or sold, out of that state shall be sentenced to imprisonment with work for a definite term of not less than two years.
(3) Any person who attempts the crimes prescribed in the two preceding paragraphs shall be punished.Japan Child Prostitution and Child Pornography Law
AWAD REPORT
Paragraph 246
…the Constitution f Japan guarantees to the people the fundamental human rights (article 11, the Constitution of Japan), and provides “No person shall be held in bondage of any kind. Involuntary servitude, except as punishment for crime, is prohibited.” (Article 18, ditto.)
Paragraph 247
…article 5 (prohibition of forced labour) and article 117 (penal provision for violation of the provision of article 5) of the Labour Standard Law (Law No. 49 of 1947).
ENGEN REPORT
Paragraph 73
The practice of advance money payments by employers to be deducted from wages to be received by labourers and of virtually binding the latter until the account balances existed in the past among entertainment, construction and spinning industries, but the enforcement of the Labour Standards Law aiming at the severance of labour obligations from money indebtedness has eliminated this evil practice, which hardly exists at present…
PROSTITUTION PREVENTION ACT 1956
Article 7
Whoever induces others into prostitution shall be punished by penalties of up to three years’ imprisonment or a fine of up to 100,000 yen ($920) if fraudulent or coercive means were used, and up to three years’ imprisonment and a fine of up to 100,000 yen ($920) if force or threats were used.
Article 8
Penalties shall be increased to up to five years’ imprisonment and a fine of up to 200,000 yen ($1,840) if the defendant received, entered into a contract to receive, or demanded compensation for crimes committed under Article 7
THE CONSTITUTION OF JAPAN 1946
Article 24.
Marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis.
With regard to choice of spouse, property rights, inheritance, choice of domicile, divorce and other matters pertaining to marriage and the family, laws shall be enacted from the standpoint of individual dignity and the essential equality of the sexes.
CRIMINAL CODE
Article 223. (Compulsion)
(1) A person who, by intimidating another through a threat to another’s life, body, freedom, reputation or property or by use of assault, causes the other to perform an act which the other person has no obligation to perform, or hinders the other from exercising his or her rights, shall be punished by imprisonment with work for not more than 3 years.
(2) The same shall apply to a person who, by intimidating another through a threat to the life, body, freedom, reputation or property of the relatives of, another causes the other to perform an act which the other person has no obligation to perform, or hinders the other from exercising his or her rights.
(3) An attempt of the crimes proscribed under the preceding two paragraphs shall be punished.
Article 225. (Kidnapping for Profit)
A person who kidnaps another by force or enticement for the purpose of profit, indecency, marriage or threat to the life or body shall be punished by imprisonment with work for not less than 1 year but not more than 10 years.
Article 226-2 (Buying or Selling of Human Beings)
(1) A person who buys another shall be punished by imprisonment with work for not less than 3 months but not more than 5 years.
(2) A person who buys a minor shall be punished by imprisonment with work for not less than 3 months but not more than 7 years.
(3) A person who buys another for the purpose of profit, indecency, marriage or threat to the life or body, shall be punished by imprisonment with work for not less than 1 year but not more than 10 years,
(4) The preceding paragraph shall apply to a person who sells another.
(5) A person who sells or buys another for the purpose of transporting him/her from one country to another country shall be punished by imprisonment with work for not less than 2 years.
Article 229. (Complaints)
The crimes proscribed under Articles 224 and 225, the crimes proscribed under paragraph 1 of Article 227 which are committed for the purpose of aiding the person who has committed the crimes above, the crimes proscribed under paragraph 3 of Article 227 and the attempts of these crimes shall be prosecuted only upon complaint unless committed for the purpose of profit or threat to the life or body; provided, however, that when the person who has been kidnapped or sold has married the offender, the complaint shall have no effect until a judgment invalidating or rescinding the marriage has been rendered.
CIVIL CODE 1896, amended 1987
Article 4 Age of Majority
The age of majority is reached when a person has reached the age of 20.
Article 731 (Marriageable Age)
A man who has attained 18 years of age, and a woman who has attained 16 years of age may enter into marriage.
Article 737 (Parental Consent for Marriage of Minor)
(1) A minor shall obtain the consent of both parents to marry.
(2) If one parent does not consent, the consent of the other parent is sufficient. This shall also apply if one parent is unknown, has died, or is unable to indicate his/her intent.
Article 742 (Grounds on Which Marriage is Void)
Marriage shall be void only in the following cases:
i if one of the parties ( ) has no intention to marry due to mistaken identity or other cause; or
(ii) if the parties do not lodge notification of marriage; provided however, that the effect of marriage shall not be prevented merely because notification was not given in the form prescribed in paragraph (2) of Article 739.
Article 744 (Rescission of Unlawful Marriage)
(1) Either of the parties, their relatives, or a public prosecutor may make a claim to the family court to rescind a marriage if it violates the provisions of Articles 731 to 736 inclusive; provided, however, that a public prosecutor may not claim this after the death of one of the parties.
(2) A spouse or previous spouse of a party to a marriage that violates the provisions of Article 732 or Article 733 may claim for rescission of marriage.
Article 745 (rescission of Marriage in Violation of Marriageable Age)
(1) When a person of non-marriageable age reaches marriageable age, a claim for rescission of a marriage that violates the provisions of Article 731 may not be made.
(2) A person of non-marriageable age may claim rescission of marriage within a further three months after he/she has reached marriageable age; provided that this shall not apply if he/she has ratified the marriage after reaching marriageable age.
Article 747 (Rescission of Marriage by Fraud or Duress)
(1) A person who has married due to fraud or duress may make a claim for rescission of marriage to the family court.
(2) The claim for rescission of marriage pursuant to the preceding paragraph lapses upon the passage of three months after the party has discovered the fraud or escaped the duress, or upon ratification.