Bar to kids' citizenship ruled illegal
Supreme Court opens door to unwed foreign moms' children
By JUN HONGO Staff writer
Saying it led to unreasonable discrimination, 12 of the 15 justices on the top court's grand bench ruled unconstitutional a provision in the Nationality Law that states that such children can only become citizens of the mother's home country.
The children, aged between 8 and 14, were all born out of wedlock and recognized
by their Japanese fathers only after they were born.
The Tokyo High Court had denied them Japanese nationality based on this
stipulation in the Nationality Law.
In overturning the high court decision, Supreme Court Chief Justice Niro Shimada ruled that the provision in the law resulted in "discrimination without any rational reason" and thus violated Article 14 of the Constitution, which stipulates equality under the law.
The case marks the eighth time the Supreme Court has found a law unconstitutional.
The Japan Times: Thursday, June 5, 2008
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