The First Annual Conference of Gender Legal Studies of Japan

ICU Student: KUBOTA, Hiroyuki [CGS NewsLetter 001]

To bridge the gap between Gender Studies and Legal Science, the First Annual Conference of Gender Legal Studies was held at Waseda University, Tokyo, on December 6th and 7th of 2003. A large number of judical practitioners, scholars and sociologists participated and discussed legal issues through gender perspectives. I saw the possibility of the newly emerged Gender Legal Studies.

Although with the concept of human rights as its core, the Japanese Legal Science is said to be a field that is mostly lacking of a gender viewpoint. This conservative judgment rebounded on society and has continuously been oppressing the women who suffer from discrimination in the workplace and the family.

To bridge the difference between Gender Studies and Legal Science by researchers and professionals in the law circle, the First Annual Conference of Gender Legal Studies was held in Waseda University on December 6 and 7 of 2003. A large number of judicial practitioners, scholars and sociologists participated in the two-day conference.

As a step of the judicial system reform, the first Japanese tertiary law school will commence in 2004. Gender education for future judicial circles will be the main focus. In order for change to be efficiently implemented, Japanese judges will also need to be re-educated in regards to gender equality. Lawyer Yukiko Kadoda, who has always insisted on including gender courses in the law school said, "If you don't understand English that is your own problem, but if you don't understand gender, that is an issue that will affect not only you personally, but also the people around you." Some professors argued that it should be feasible to include gender education in the required course of "Judicial Circles Ethics." There were 4 ICU students that participated in the conference who were aiming to study at law school.

Prof. Yokoda Koichi *1 and three other scholars delivered speeches on how to make good use of the international agreements like CEDAW *2 in the domestic judgments. The topic recalled heated discussion in the following open forum. The assertion presented the first trial of the Sumitomo Electric Suite. This case said that although sexual discrimination happened in the workplace before the enactment of Equal Employment Opportunity Law, but this had contradicted the Constitution as well. However, it was argued that it is hard to regard it as an illegal action, as far as the social condition of that time is concerned. Prof. Miyoko Tsujimura, a scholar on the Constitution, suggested about refuting against this assertion by arguing "the social condition at this time was already opposing the constitution."

I was impressed by the experienced lawyers sitting in the front of the meeting room. In the Q & A time, they asked many questions about the theory composition of the case that was being debated over. They might've been participating in this conference in search of a breakthrough from the panels in order for them to assist their own clients in the employment or sexual harassment suites.

I listened to the speeches in the crowded classroom that were filled with many participants. Several years ago I was studying in this school aiming to become a lawyer. It was at this school that I first started to doubt about the indifference to gender in the Legal Science and changed my focus of interest to the study of gender. I had never thought I would come back to Waseda to participate in this kind of a conference in such a short time. I had been quite pessimistic about the future of this reform. However, sitting in this conference classroom, I felt excited about the possibility of experiencing a change. We may be able to change the society starting from today. And I believe this will be a change for the better.

In the two days of this conference, I saw the possibility of putting the newly emerged gender Legal Science into practice. The detailed materials are kept in the ICU Center for Gender Studies. You are all very welcome to come and have a look.

Notes
*1 Prof. Yokoda has given lectures on the Constitution of Japan at ICU in 2003
*2 CEDAW: Convention on the Elimination of all Forms of Discrimination against Women