Right to Nationality

A non-Japanese mother gave birth in Japan to a child. The father was a Japanese national. He acknowledged as such only after the child was born, and the child was born out of wedlock. According to the Nationality Act, such a child was not afforded Japanese nationality. The Supreme Court of Japan declared this unconstitutional. In so doing, the Court cited the ICCPR and CRC. The Court also referenced the worldwide movement to dispel discrimination against illegitimate children. Since the trend worldwide was to rule in favor of nationality for such children, the Court said, the Court could take that into account.

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