Yes, forced marriage is considered illegal and invalid under Japanese law.
Legal and Human Rights Foundation
Under Japanese law, specifically the Civil Code, marriage requires the mutual consent of both parties involved. A marriage entered into under duress or coercion is not legally valid and can be invalidated.
Furthermore, Japan actively recognizes forced marriage as a severe issue from a human rights perspective. As demonstrated by its actions on the international stage, Japan considers forced marriage a violation of human rights. This stance is evident in Japan's co-sponsorship of various Human Rights Council resolutions aimed at ending child, early, and forced marriage. Notably, the 2015 resolution co-sponsored by Japan explicitly recognizes that it is a violation of human rights.
Key Points on Marriage Consent in Japan
- Mutual Consent: The foundational principle for marriage in Japan is the genuine and free will of both individuals.
- Invalidation: Marriages proven to have been conducted without free consent due to force or coercion can be annulled or deemed invalid through legal proceedings.
- International Alignment: Japan's legal framework and international human rights commitments align in condemning forced marriage as an unacceptable practice.
This combination of domestic legal requirements for consent and international recognition of forced marriage as a human rights violation underscores its illegality in Japan.
