JAPAN Law and Practice Contributed by: Koichi Saito, Wataru Shimizu, Suguru Yokoi, Ai Tanaka and Mai Kurano, Anderson Mori & Tomotsune
enacted to promote measures to protect Ainu traditions and culture. This Act clearly states that the Ainu people are Indigenous people of the northern part of the Japanese archipelago, in particular Hokkaido, and that it is prohibited for any person to discriminate against the Ainu peo - ple or commit any other act that infringes upon the rights or interests of an Ainu person for being Ainu. In addition, this Act stipulates subsidies for the promotion of Ainu culture and exceptional allowances for Ainu people in logging or fishing. However, this Act does not stipulate any penal - ties for the violation of its prohibition against dis - crimination or specific exceptional allowances for the use of land. Japan has received recommendations from the United Nations Committee on the Elimination of Racial Discrimination to recognise the people in Okinawa as indigenous people and to guaran - tee their rights. However, no legislation has been enacted so far on this issue. 2.2.6 Other There is no comprehensive anti-discrimination law in Japan. However, regarding discrimina - tion based on gender, race and origin, religion, disability, and age in the workplace, the Labor Standards Act and other labour laws and regu - lations stipulate a prohibition on discriminatory treatment and measures to eliminate discrimina - tion. The Act on Equal Opportunity and Treatment between Men and Women in Employment (Act No 113 of 1972) aims to promote equal opportu - nity and treatment between men and women in employment in accordance with the principles of the Constitution of Japan. This Act prohibits dis - crimination based on gender and any disadvan - tageous treatment due to marriage, pregnancy, and childbirth in the workplace. It also requires
employers to take measures in employment management concerning sexual or other types of harassment. Under the Act on Childcare Leave, Caregiver Leave and Other Measures for the Welfare of Workers Caring for Children or Other Family Members (Act No 76 of 1991), rules are estab - lished governing childcare leave. In addition, since 1 April 2025, companies that regularly employ more than 300 employees are required to disclose the status of male employees who take childcare leave at least once every year. Under the Act on the Promotion of Women’s Active Engagement in Professional Life, employ - ers with more than 100 employees are required to monitor the status of female employees’ activ - ities, including the percentage of female employ - ees and their length of service, analyse issues to be improved, set numerical targets, and formu - late and publish an action plan. Such employers are also obliged to implement measures based on the plan and make efforts to achieve the tar - gets. Under the Act on Comprehensively Advancing Labour Measures, Stabilising the Employment of Workers, and Enriching Workers’ Vocational Lives (Act No 132 of 1966), employers must take measures to prevent power harassment in the workplace. The Act to Facilitate the Employment of Persons with Disabilities (Act No 123 of 1960) prohibits discrimination against persons with disabilities and stipulates that employers must take reason - able measures to consider them.
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