2003 Fiscal Year Final Research Report Summary
Gender-equal Society and Affirmative Action
| Project/Area Number |
14520019
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | Tohoku University |
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Principal Investigator |
ARIKAWA Tsunemasa Tohoku University, Graduate School of Law, associate professor, 大学院・法学研究科, 助教授 (20202757)
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| Co-Investigator(Kenkyū-buntansha) |
TSUJIMURA Miyoko Tohoku University, Graduate School of Law, professor, 大学院・法学研究科, 教授 (30158381)
YAMAMOTO Hajime Tohoku University, Graduate School of Law, professor, 大学院・法学研究科, 教授 (10222382)
NAKABAYASHI Akiko Tohoku University, Graduate School of Law, research assistant, 大学院・法学研究科, 助手 (70312535)
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| Project Period (FY) |
2002 – 2003
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| Keywords | Gender-equal Society / Affirmative Action / Gender |
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| Research Abstract |
The Basic Law for a Gender-equal Society, which was established in 1999, introduces "positive actions" into Japanese law. While in other countries various forms of affirmative actions have been taken to eliminate the harms created by past discriminations, we, in Japan, have been reluctant to hold those actions in high esteem. Affirmative actions were considered to be in collision with the fundamental constitutional principles such as individual freedom or equal protection of law. Now that we have accepted "positive actions", we must present clearly their implications in the Japanese Constitution. Our joint investigation is planned to come up with a working proposal which enables us to achieve a Gender-equal Society.
In the first year, we engaged a basic research on affirmative actions, a construction of jurisprudence based on gender theories, a construction of comparative perspectives, description of what a Gender-equal society is actualy like and an analysis of several relating ordinances in Japan. We established our own method aplicable to this joint investigation. And we finally, elaborated our ultimate agenda.
In the second year, we engaged a survey of other countries' affirmative actions (especially those in the United States and in France) ; a critique on legal structure of affirmative actions ; a theoretical nexus between affirmative actions and merit system.
Based upon these summaries, this paper consists of the following sections. First, it illuminates the world trends in affirmative actions and their substantial impact on Japan (report by Miyoko Tsujimura). Secondly, it constructs a constitutional strategy of bringing affirmative actions in effect (report by Tsunemasa Arikawa and report by Hajime Yamamoto) Lastly, it designs a concrete and practical framework for affirmative actions in Japan (report by Akio Nakabayashi).
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