A Digest of Case Law on the Human Rights of Women - Asia Pacific ...

CONSTITUTIONAL LAW
Japan
Violence Against Women
Sexual Harassment
Kanazawa Sexual Harassment <strong>Case</strong>
Roudouhanrei No. 707, pp. 37-49
Nagoya High Court, Kanazawa Branch
1 March 1997
<strong>Law</strong>s Considered
Civil Code, Articles 44.1 and 709;
Labour Standards <strong>Law</strong>, Chapter 2.
This case deals with sexual harassment in employment and its place in Japanese
law.
An employer subjected a female employee to unwanted sexual attention in the
workplace. The female employee argued that the unwanted sexual attention from
her employer took advantage <strong>of</strong> his position <strong>of</strong> power. Further, such acts were
illegal because they violated the petitioner’s dignity and right to sexual freedom.
Decision
The Court decided in favour <strong>of</strong> the female employee and held that the employer’s
“acts <strong>of</strong> obscenity by compulsion” were illegal because they were beyond the
socially permissible limit and therefore violated the petitioner’s dignity <strong>of</strong>
personality, her sexual freedom and her right to sexual determination.
Commentary
This case is significant because it set a precedent in relation to sexual harassment. It
was the first High Court case in Japan to recognise an action for sexual harassment
as a distinct category. Previously, the only avenue for sexual harassment was in
libel. This is positive for women’s rights because it recognised sexual harassment
as a serious and specific problem that is worthy <strong>of</strong> the attention <strong>of</strong> the High Court.
However, some have criticised the amount <strong>of</strong> compensation awarded on the basis
that it is low in comparison to similar cases in other countries.
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