Title: Does the Japanese inclination towards non-litigation hinder access to justice for minority groups?
Authors: Waldemiro Francisco Sorte
Addresses: Ministry of Planning, Budget and Management, Esplanada dos Ministérios, Bloco C, Sala 146, 70046-900, Brasilia-DF, Brazil
Abstract: This paper argues that the tendency of the Japanese society not to rely on litigation as a means of dispute resolution have a negative impact on access to justice for minority groups. Along with social mobilisation and political participation, filing a lawsuit represents an important way for these groups to claim and enforce their rights. Hence, this paper emphasises the need to improve legal awareness and access to justice for minority groups in Japan to enhance their living conditions and social inclusion. It discusses some of the reasons for the Japanese inclination towards non-litigation and examines the main advantages of improving access to justice for minority groups. In addition, it presents a historical overview of the burakumin situation in Japan, highlighting some of the discriminatory practices they are subjected to, in order to show that the legal empowerment of this minority group is pivotal to help reducing discrimination and improving their inclusion into Japanese society.
Keywords: non-litigation; civil law; rule of law; access to justice; legal empowerment; Japan; minority groups; burakumin; culture; social inclusion; minorities; litigation; dispute resolution; minority rights; legal awareness; living conditions; discrimination.
International Journal of Public Law and Policy, 2014 Vol.4 No.3, pp.221 - 244
Received: 08 May 2021
Accepted: 12 May 2021
Published online: 28 Mar 2014 *