Chapter Twenty-Two. Coming of age: The courts and equality rights in Japan’s ageing society

Abstract

Japan has the most rapidly ageing society in the world. This chapter discusses the legal issues and examines an area of the law that is likely to become more significant in Japan's ageing society. Specifically, it suggests that there is likely to be more and more litigation over as a result of the response to the demographic changes. The chapter also argues that the courts must change the manner in which they analyse such claims, if they are to make a meaningful and positive contribution to how Japan responds as a democratic society to the challenges of ageing. The chapter analyses the theoretical weaknesses of the discrimination test, and examines how it has been applied recently to deny the equality rights of minorities. Keywords: democratic society; equality rights; Japan's ageing society; legal issues; reasonable test