Japan

Japan is an island nation of 126 million inhabitants, located in the Pacific Ocean, east of China. It is a constitutional parliamentary monarchy and a major economic power.

At least 69% of the population is reported to practice Shintoism and/or Buddhism. A further 1.5% of the population are Christian.[ref]https://www.cia.gov/the-world-factbook/countries/japan/#people-and-society[/ref]

Constitution and government Education and children’s rights Family, community, society, religious courts and tribunals Freedom of expression advocacy of humanist values
Preferential treatment is given to a religion or religion in general
Discriminatory prominence is given to religious bodies, traditions or leaders
Some concerns about political or media freedoms, not specific to the non-religious
The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
No formal discrimination in education
No religious tribunals of concern, secular groups operate freely, individuals are not persecuted by the state
Constitution and government
Preferential treatment is given to a religion or religion in general
The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Education and children’s rights
No formal discrimination in education
Family, community, society, religious courts and tribunals
Discriminatory prominence is given to religious bodies, traditions or leaders
No religious tribunals of concern, secular groups operate freely, individuals are not persecuted by the state
Freedom of expression advocacy of humanist values
Some concerns about political or media freedoms, not specific to the non-religious
Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

Countries: Botswana, Greece, Serbia, United States of America

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

Countries: Andorra, Antigua and Barbuda, Armenia, Bahamas, Belize, Bolivia, Brunei Darussalam, Congo, Democratic Republic of, Croatia, Cuba, Dominica, Dominican Republic, El Salvador, Eswatini, Fiji, Gambia, Ghana, Guatemala, Guinea, Hungary, Iran, Italy, Jamaica, Jordan, Liberia, Lithuania, Mexico, Moldova, Montenegro, Mozambique, Nicaragua, North Macedonia, Oman, Paraguay, Qatar, Romania, Russia, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Slovakia, Solomon Islands, Sri Lanka, Suriname, Timor-Leste (East Timor), Trinidad and Tobago, Ukraine, Zambia

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

Countries: Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burundi, Canada, Cape Verde, Chile, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Equatorial Guinea, Eritrea, Ethiopia, Finland, Germany, Ghana, Guatemala, Guyana, Haiti, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kuwait, Kyrgyzstan, Liberia, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Mali, Malta, Mauritania, Mauritius, Montenegro, Mozambique, Nepal, New Zealand, Nigeria, North Macedonia, Oman, Panama, Paraguay, Peru, Philippines, Poland, Qatar, Romania, Rwanda, San Marino, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Solomon Islands, Sri Lanka, Tajikistan, Tanzania, Timor-Leste (East Timor), Tunisia, Turkey, Tuvalu, United Kingdom, Vanuatu, Venezuela, Zimbabwe

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

Countries: Bangladesh, Pakistan, Saudi Arabia

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

Countries: China, Congo, Democratic Republic of, Cuba, Equatorial Guinea, Ethiopia, Guinea, Guyana, Italy, Kazakhstan, Laos, Madagascar, Mexico, North Macedonia, Romania, Serbia, Tajikistan, Togo, Turkmenistan, Uzbekistan, Zimbabwe

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
Legend
 
Systemic Discrimination
Mostly Satisfactory
Free and Equal
More information about rating table

Constitution and government

Japan’s secular constitution[ref]japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html[/ref] provides strong protections of freedom of thought, conscience, and religion, as well as a clear separation of religion and state:

Article 19: Freedom of thought and conscience shall not be violated.

Article 20: Freedom of religion is guaranteed to all. No religious organization shall receive any privileges from the State, nor exercise any political authority. No person shall be compelled to take part in any religious act, celebration, rite or practice. The State and its organs shall refrain from religious education or any other religious activity….

Article 89: No public money or other property shall be expended or appropriated for the use, benefit or maintenance of any religious institution or association …

Religious organizations can register as ‘religious juridical persons’ or ‘religious corporations’ (shūkyō hōjin). Benefits include receiving a more favorable tax status, particularly regarding donations, but only if following strict regulations. The majority of these religious corporations are Shinto or Buddhist. A number of Christian and Islamic religious corporations also exist, but are decidedly in the minority.[ref]https://www.bunka.go.jp/english/policy/religious_institutions/[/ref]

During the imperial abdication and succession to the throne in 2019, there was some outcry about the ceremonies being paid for with public funds, as they feature strong Shinto elements, with the emperor regarded as a direct descendent of the sun goddess Amaterasu.[ref]https://www.economist.com/asia/2019/05/02/the-imperial-succession-highlights-shintos-muddled-status-in-japan; https://english.kyodonews.net/news/2019/05/29a4a58c1725-controversy-rekindled-over-shinto-linked-imperial-succession-rite.html[/ref]

Although religion is tolerated in Japan and there is little systemic persecution of those religious, the state does specifically track Muslims. It was revealed in 2010 that the Japanese government had ordered the surveillance of at least 70,000 Muslims in the country since 2004. Although it was challenged in court, the Japanese Supreme Court dismissed the case, arguing that they were entitled to compensation for the violation of their right to privacy, but not naming the surveillance as unconstitutional[ref]Saul J. Takahashi, “Muslim Surveillance in Japan: A Narrative Aimed at Trivialization”. Islamophobia Studies Journal, 4, no. 2 (2018); https://www.aljazeera.com/news/2016/6/29/top-court-green-lights-surveillance-of-japans-muslims[/ref]

Education and children’s rights

The national curriculum in Japan is broadly secular; religion or religious education is not taught in public-funded Japanese schools by law.[ref]U.S. State Department, Office of International Religious Freedom, “2019 Report on International Religious Freedom: Japan”. https://www.state.gov/reports/2019-report-on-international-religious-freedom/japan/ [/ref] Some private schools and universities are associated with specific Buddhist sects or other religions.

One noteworthy component of the Japanese education system is the addition of ‘moral education’ lessons. Unlike other countries, where morality may be embedded in the curriculum, morality is taught as a specific subject in Japanese schools.[ref]MEXT (Ministry of Education, Culture, Sports, Science and Technology) Curriculum Guidelines, https://www.mext.go.jp/en/unesco/title04/detail04/sdetail04/1375712.htm [/ref] There has been debate on this topic in the media in Japan, as there were fears that the revision of this education could lead to strongly nationalist teachings.[ref]https://www.japantimes.co.jp/news/2018/04/28/national/media-national/confronting-definition-moral-education/[/ref]

Family, community and society

Although the majority of Japanese are considered nominally Buddhist, Shinto, or both, most Japanese consider themselves mushūkyō, or ‘not religious’. This is not necessarily the same as declared atheism however, as many also continue to pray at shrines and temples, which is seen as a custom. The word religion (shūkyō) is still primarily equated with foreign religions and foreignness.[ref]Jason A. Josephson. The Invention of Religion in Japan. Chicago & London: The University of Chicago Press, 2012.[/ref]

For those who do consider themselves religious, there are several so-called ‘new religions’, such as Soka Gakkai, which are active in the country and actively recruit followers. Many of these new religions face scrutiny, especially after the Aum affair, where members of the Aum Shinrikyō sect left bags of sarin in the Tokyo metro in 1995, killing 13 and wounding thousands.[ref]Helen Hardacre, “After Aum: Religion and Civil Society in Japan”, in Frank J. Schwartz & Susan J. Pharr (eds.) The State of Civil Society in Japan (Cambridge & New York: Cambridge University Press, 2003) [/ref]

Shinto and Buddhist worship do feature heavily in national holidays, as well as festivals (matsuri). The Obon holiday period in summer is defined by visits to Buddhist family altars, sending prayers to an array of kami (gods and deities, including ancestral ones), while the New Year holiday period sees the custom of hatsumode, or the first shrine visit of the year, where people pray for the year ahead, amongst other traditions. This is generally seen as part of culture or custom, rather than religion.

Women’s rights

Japan ranked 120th out of 156 countries in the 2021 Global Gender Gap Report, and in practice, women are still subject to a highly patriarchal society.[ref]Global Gender Gap Report 2021, https://www.weforum.org/reports/global-gender-gap-report-2021 ; https://www.nippon.com/en/japan-data/h00982/ [/ref]

There are a handful of places in Japan that have banned women under the banner of religion or tradition, including Okinoshima, an island off the southwest coast, and a specific boat used during a festival in Handa, central Japan.[ref] https://www.bbc.co.uk/news/world-middle-east-40549909; https://mainichi.jp/english/articles/20210406/p2a/00m/0na/023000c[/ref] Moreover, women are not allowed into professional sumo rings, as they would ‘defile’ it based on Shinto-Buddhist ideas of purity. Experts say these ideas are less indicative of women’s status in society than holdovers from traditions, invented or otherwise.[ref]https://www.japantimes.co.jp/news/2018/04/30/national/social-issues/banning-women-sumo-ring-sexism-centuries-old-cultural-tradition/[/ref]

LGBTI+ rights

Gay marriage is not legalized on a national level in Japan. Around 60 municipalities, however, have started accepting a form of civil partnerships for same-sex couples, which is not legally binding. In a landmark ruling in 2021, the Sapporo high court declared the ban on same-sex marriage ‘unconstitutional’, although the ruling was considered mostly a symbolic victory. In practice, gay and lesbian people still struggle to come out in Japan in daily life, with society still being relatively conservative on the topic, although younger people appear to support same-sex marriage.[ref]https://www.bbc.co.uk/news/world-asia-56425002[/ref]

There is no legislation that protects LGBTI+ individuals in Japan. A proposed bill calls to ‘promote understanding’ of LGBTI+ people, but has thus far fallen short of support in the government.[ref]https://www.theguardian.com/world/2021/may/24/japan-ruling-party-accused-of-violating-olympic-charter-over-lgbt-rights[/ref]

Transgender people are routinely subject to discrimination, and often struggle to fit into a society where gender norms are closely prescribed. Human Rights Watch has detailed stories of transgender people struggling to fit into the heavily gendered school system (e.g. wearing school uniforms associated with their birth gender) and accessing appropriate health care, amongst other issues. Legally changing one’s gender is also a complicated and controversial process that includes surgery, sterilization and a specific psychiatric diagnosis under current law. Changing one’s gender is officially only allowed for those over 20, unmarried and without children under 20. Calls to revise this law have been gaining in strength in recent years.[ref]https://www.hrw.org/news/2021/05/25/japan-new-momentum-reform-transgender-law[/ref]

Freedom of expression, advocacy of humanist values

Freedom of thought and expression are respected and protected in law and practice. Defamation, insult, and intimidation are criminalized.[ref]https://www.loc.gov/law/help/freedom-expression/japan.php#_ftn5[/ref] Internet access is not restricted.

While freedom of expression generally has been upheld and the media is usually considered free across Japan, there have been serious concerns in recent years about “state secrecy” legislation.

Passed in late 2013 and coming into force on 10 December 2014, critics complain that Japan’s State Secrecy Law targets whistleblowers leaking broadly defined “state secrets” and that journalists publishing leaked information will face up to 10 years in prison, even if publication of such classified information would be justified, e.g. to expose human rights violations or corruption. Prior to its enactment, Reporters Without Borders said that, in effect, the law “is making investigative journalism illegal” and the newspaper Asahi Shimbun said the law “almost limitlessly widens the range of what can be considered confidential.”[ref]hrw.org/news/2013/11/25/japan-amend-special-secrets-bill-protect-public-interest; theguardian.com/world/2013/dec/05/whistleblowers-japan-crackdown-state-secrets; ajw.asahi.com/article/behind_news/politics/AJ201312070057[/ref]

During its first 12 months of operation, government agencies were quick to declare numerous “state secrets”, with concerns persisting, despite government assurance that oversight was weak and there was little to prevent the government from declaring inconvenient truths as “secret”. Japan cancelled a visit by the UN Special Rapporteur on Freedom of Expression planned for December 2015.[ref]japantimes.co.jp/news/2014/12/27/national/politics-diplomacy/government-entities-designate-400-state-secrets-under-new-law/; japantimes.co.jp/opinion/2015/04/04/editorials/oversight-secrets-weak/; indexoncensorship.org/2015/12/71961/[/ref]

Since then, however, little attention has been paid to this law. In 2019, the number of state organs subject to it was revised from 70 to 28. Concerns of possible misuse or arbitrary enforcement of the law remain, but there have been no major cases to date where this was the primary concern.[ref]https://mainichi.jp/english/articles/20191217/p2a/00m/0na/008000c[/ref]

In the past decades, hate speech, primarily against ethnic Korean and Chinese residents in Japan, has become a social issue. A national law to deter hate speech was enacted in 2016, but observers noted that there was no stipulation of punishment for those convicted of hate speech. The city of Kawasaki, which has a large ethnic Korean population, enacted a local law in 2019 that criminally punished hate speech.[ref]https://english.kyodonews.net/news/2019/12/bc1a826d32be-kawasaki-enacts-japans-1st-bill-punishing-hate-speech.html[/ref]