Do Foreigners in Japan Have Lesser Rights Than Native Japanese?

The perception that foreigners in Japan have fewer rights than native Japanese is a topic that often arises in discussions about social equity and legality. While some aspects of the legal system seem to treat non-natives differently, other areas offer parity. This article explores the nuances and implications of this issue, backed by relevant case studies and legal insights.

Legal Differences

At the most fundamental level, there are certain rights and privileges that are not available to non-Japanese citizens. For example:

They cannot vote or stand for election. Non-citizens are not eligible to serve in the Self-Defense Forces. They cannot be appointed as homeroom teachers or school principals in public schools. There are restrictions on the types of land they can own. They cannot have a family registry, which is a key part of the Japanese identity system. Foreigners cannot be guaranteed welfare benefits, despite being required to contribute to the welfare system.

Notably, the courts have ruled that the rights guaranteed in the Japanese constitution do not necessarily apply to foreigners, creating a legal ambiguity in some cases.

Parallels and Similarities

Despite these differences, many rights held by non-Japanese citizens are on par with those of native Japanese. Here are some examples:

Health Insurance: Almost every non-visitor, whether working, studying, or residing in Japan, has the same rights to health insurance as native Japanese. University Fees: Foreign students often enjoy more advantageous rates or stipends compared to native students. Salaries: Salaries are determined by qualifications, not nationality. Superannuation: Foreign employees have the same right to pension benefits as Japanese employees. Real Estate: Non-citizens can own property in Japan through similar procedures as those followed by Japanese citizens.

However, there are scenarios where foreigners might face unique challenges. For example, dealing with insurance companies or real estate issues can be more complicated if they are lacking in knowledge. Once this knowledge gap is bridged, foreigners quickly become as proficient as their Japanese counterparts.

Arrest and Deportation

One notable area where foreigners may have fewer rights is in the aftermath of a serious arrest. In such cases, a non-Japanese individual might face deportation once their bail is lifted, while a native Japanese citizen would be permitted to continue living in Japan. It is worth noting that this situation is contingent upon the severity of the crime and the individual's immigration status.

Citizenship and Government Positions

Foreigners who have not obtained Japanese citizenship cannot vote in elections. Additionally, they are not eligible for certain government positions, particularly supervisory roles. For instance, a Korean nurse was passed over for a promotion at a Tokyo metropolitan hospital due to nationality-based regulations. She filed a lawsuit but was unsuccessful in overturning the decision.

However, there are exceptions. For example, Marutei Tsurunen, a Finnish politician, currently serves as a member of the Japanese Diet, highlighting the increasing acceptance and recognition of foreigners in political roles.

In summary, while there are some legal differences between foreigners and native Japanese citizens, the overall picture is more nuanced. Many rights are on par, and foreign residents in Japan are entitled to a wide range of benefits and protections. The challenges faced by foreigners in specific scenarios are more about the practical and cultural barriers rather than outright legal discrimination.