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

Article 11
Employment
Teikoku Zouki <strong>Case</strong>
Roudouhanrei No. 694, p. 29
Tokyo High Court
29 May 1996
<strong>Law</strong>s and International Instruments Considered
CEDAW 1979;
Civil Code, Articles 90 and 709;
Constitution <strong>of</strong> Japan 1949, Articles 13, 24;
International Covenant on Civil and Political Rights 1966;
International Labour Organisation Treaty No. 156,
and Attached Recommendation No. 165;
Labour Standards <strong>Law</strong>, Chapter 2;
Universal Declaration <strong>of</strong> Human Rights 1948, Article 16.3.
This case considered whether transferring a worker away from his family breached
a fundamental right to family life enshrined in international conventions and the
Constitution <strong>of</strong> Japan 1949 [“the Constitution”].
The company for which the petitioner worked ordered him to transfer locations from
Tokyo to Nagoya, which resulted in him living apart from his family. The petitioner
claimed that this order to transfer violated his fundamental right to family life, which
was protected under CEDAW, Articles 13 and 24 <strong>of</strong> the Constitution, Articles 16.3
<strong>of</strong> the Universal Declaration <strong>of</strong> Human Rights 1948, the International Covenant on
Civil and Political Rights 1966; and the International Labour Organisation [“ILO”]
Treaty No. 156, and Attached Recommendation No. 165.
Decision
The Court dismissed the petitioner’s claim. It held that living apart from one’s
family for work purposes is a socially acceptable part <strong>of</strong> the burden <strong>of</strong> a family.
The Court also noted that current social norms did not place family life above work
commitments and company interests.
17
CEDAW
Japan