Vol.38-No.9 September 1,1999
On June 15, the Fundamental Law for a Gender-equal Society was unanimously approved in a plenary session of the House of Representatives. The law lays down the basic ideals which define the gender-equal society. The legislation was enacted so that the human rights of men and women would be respected in order to create an affluent society filled with vitality which would be capable of responding to changes in society and the economy. The law also aims to provide a comprehensive and systematic framework upon which a gender-equal society might be created. To that end, it seeks to clarify the responsibilities of the government at various levels, public bodies, and the general public. It also lays out some basic guidelines which will shape the formation of the “new society.”
The fundamental law is premised on the basic idea that the dignity of both men and women as individuals should be respected, sexual discrimination be prevented, and the opportunities for men and women to realize their full potential as individuals be secured. The law assigns to the government and to local public authorities the duty of devising and implementing comprehensive measures that will promote the formation of a gender-equal society. The law also assigns to the general public the responsibility of working toward the formation of such a society at work, at school, in the local community, at home and in every other sector of society.
The law obliges the government to devise a “basic plan for a gender-equal society.” Local self-governing bodies, too, are required to set up their own basic plans in response to the government's plans. In addition, the law obliges the government to establish a procedure for handling complaints concerning its measures to establish a gender-equal society and to aid people whose human rights are violated (e.g., as a result of discriminatory treatment based on sex). The government is further obliged (i) to research the effects of social systems and practices on realization of a gender-equal society, (ii) to promote international cooperation which contributes to the formation of a gender-equal society, and (iii) to provide information and to carry out other necessary measures which support the activities of public or private organizations to promote the realization of a gender-equal society.
Given that Japan is an ageing society with fewer children and a developed economy experiencing rapid change, the fundamental law was enacted to enable men and women to respect each other and to share responsibilities equally in order to realize their individualities and full abilities regardless of gender.
On June 30, the amended Worker Dispatching Law was enacted. The current law allows jobs in 26 specific types of work, such as operating OA equipment and filing, to be filled by dispatched workers. The revised law now allows in principle the use of dispatched workers in all occupations, with only a few exceptions in port, transport, construction, guard services and others designated by the Cabinet Order as prohibited types of dispatched work. Under the new law, the worker-dispatching period is limited to one year strictly for the newly allowed types of work. If the one-year limit is violated, the Labour Minister may advise the client company to employ the dispatched worker if the worker wants to be employed at the client company. Also, if the one-year rule is violated, then the temporary labor agency concerned may be penalized by fine. The revised law will come into effect by the end of the year. For more details regarding the legislation, readers are referred to the “Special ! Topic” in this issue.
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