Does the Japanese inclination towards non-litigation hinder access to justice for minority groups?
by Waldemiro Francisco Sorte Jr.
International Journal of Public Law and Policy (IJPLAP), Vol. 4, No. 3, 2014

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.

Online publication date: Fri, 21-Nov-2014

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