Rights of Abandoned Foreign Children in Japan sign now



For: The 38th Section of the Civil Court, Tokyo District Court

The Minister of Justice

Ministry of Justice, Japan





Letter of Appeal to Declare Certain Provisions of the Nationality Law of Japan as Unconstitutional; and to Grant Japanese Nationality to Petitioners



There is an increasing number of children borne by mixed parents, particularly between women from the Philippines and Japanese men. Many of these children, although recognized by their Japanese father (Ninchi), are deprived of Japanese nationality simply because their parents, for one reason or another, are not legally married, and recognition of the child by the Japanese father came after birth.



It has become an issue of national concern because the number of affected children is growing. Under the law, Japanese nationality is given only to children of mixed marriages, and to illegitimate children, but only when recognition of the child (by the Japanese father) comes before the birth of the child (Taiji Ninchi). This doesnt apply to illegitimate children who were recognized after birth (Ninchi). In this case, marriage between parents is their only hope to acquire Japanese nationality.



On the other hand, under Article 2, Section 1 of the Nationality Law of Japan, a child borne by a Japanese mother and a foreign father are automatically given Japanese nationality even if the parents, in this case, are not legally married.



The number of interracial marriages in Japan is growing because of the internal conditions in Japan and as a result of globalization where the movement of people is almost at pace with the movement of capital and commodities. At the same time, views about family relationship have also changed resulting in increased number of bi-cultural families with illegitimate children.



On April 12, 2005, nine Japanese-Filipino children together with their Filipina mothers filed an appeal/petition at the Tokyo District Court to change provisions of the law that grant Japanese nationality to children of mixed parents.. These children hope that their rights be heard like other Japanese children.

Demands of the Petition to the 38th Section of the Civil Court, Tokyo District Court



1. Article 3-1 of the Japan Nationality Law requires marriage of parents aside from child recognition (Ninchi) from Japanese father. This violates Artilce 14-1 of the Japanese Constitution that guarantees equal rights to its citizens. We appeal for a fair ruling on the issue, and that Japanese nationality is given to the petitioner.



Demands of the Petition to the The Minister of Justice



1. Appeal to change the provisions of the Japan Nationality Law, and to grant equal rights to children recognized by their Japanese father (Ninchi).



Organization petitioners:



Lawyers Association for Confirmation of Japanese Nationality

Lawyers Association for Japanese-Filipino Children

Childrens Network for Japanese-Filipino Children (JFC Network)

KAFIN (Kalipunan ng mga Filipinong Nagkakaisa) Tokyo

KAFIN (Kalipunan ng mga Filipinong Nagkakaisa) Saitama

KAFIN (Kalipunan ng mga Filipinong Nagkakaisa) Gunma

KAFIN (Kalipunan ng mga Filipinong Nagkakaisa) Nagano

KAFIN (Kalipunan ng mga Filipinong Nagkakaisa) Nagoya

KAFIN (Kalipunan ng mga Filipinong Nagkakaisa) Osaka

KAFIN (Kalipunan ng mga Filipinong Nagkakaisa) Yokohama

Filipina Circle for Advncement and Progress (FICAP) Nagoya

Philippine Society in Japan Nagoya

League of Filipino Seniors Nagoya

Filipino Migrants Center (FMC)

Ecumenical Learning Center for Children Nagoya

Center for Japanese-Filipino Families (CJFF)

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