Top court rejects claim dual nationality ban is unconstitutional

Japan's ban on dual citizenship is only in Japan. If I take Japanese citizenship it would have zero effect on my British nationality in the UK or any other country except Japan.

Mr KiplingToday  06:57 am JST

good point Mr. K

“If I take Japanese citizenship it would have zero effect on my British nationality in the UK or any other country except Japan.”

Not in China and South Korea where dual citizenship is banned. You automatically lose your Chinese or Korean citizenship upon acquiring a foreign nationality.

Dont know why these people think the ban is "unconstitutional." Article 11 of the Nationality Act states very clearly that that "acquisition of a foreign nationality by one's own choice results in automatic loss of Japanese nationality."

Japan's ban on dual citizenship is only in Japan.

That kind of matters, since if you want a Japanese passport, you'll need to apply for one from the Japanese government, which doesn't recognize multiple nationalities for adults.

Japan's ban on dual citizenship is only in Japan. If I take Japanese citizenship it would have zero effect on my British nationality in the UK or any other country except Japan.

But, it would, though: In order to take Japanese citizenship, you would have to legally renounce any other citizenships that you hold. If your refuse to do so, Japan won't grant you citizenship. Now, there is a possibility some countries might not respect or uphold Japan's law, and in a loophole sort of way they might continue to uphold your citizenship. But, that depends entirely on the country, and on the relationship that country has to the international community, and other international law issues...

Top court rejects claim dual nationality ban is unconstitutional

Japan regresses again. For a nation that is grappling with a problematic population decline you would think that they might want to ease up on that restriction, but NOPE.

Not in China and South Korea where dual citizenship is banned. You automatically lose your Chinese or Korean citizenship upon acquiring a foreign nationality.

You are right about China. However, since 2008 SK has allowed dual citizenship.

2010–2022[edit]

In 2010, a new amendment offered South Korean citizenship to talented foreigners, regardless of ethnic background, without the residency requirements for those seeking naturalization through marriage.[1] Similarly, between 2011 and 2016, several amendments were made that would allow South Korean citizens to maintain multiple citizenships–a dispensation which was expressly prohibited in the years prior.[2] Despite the absence of ethnic requirements in recent nationality law amendments, opportunities for flexible citizenship tend to attract affluent and highly educated foreigners and Korean Americans. Those seeking naturalization through marriage tend to be women and ethnic minorities.[1] In this way, eligibility for South Korean citizenship remains fraught along ethnic, gender, and class lines.

South Korean nationality law - Wikipedia

Excellent..

Their country, their rules..

Aly RustomToday  08:11 am JST

Japan regresses again. For a nation that is grappling with a problematic population decline you would think that they might want to ease up on that restriction, but NOPE.

Indeed. If a law serves no purpose except to uphold some abstract principle it should be scrapped. I don't see how this ban benefits anyone.

I understand why Japan wants to keep things simple with one nationality per person. But times have changed. With more people living between countries, maybe it's time to rethink whether forcing someone to choose is really the best way forward.

Many countries, not only Japan, prohibit dual nationality.

Japan must change or it will not exist.

the Nationality Law, which stipulates the loss of Japanese nationality upon voluntarily acquiring a foreign nationality

Did she seek US citizenship herself?

Has there ever been a ruling regarding Japanese born who acquired US citizenship via their parents applying for them at birth, thus not voluntary?

There is a penalty for giving up US citizenship and one can only do it for financial reasons, I believe.  I don’t think one can be coerced into giving it up, but I might be wrong.  

I have read that the US can ban people from even entering the country if they give up their US citizenship. Not sure if any from Japan, tho. 

I don’t know what to advise my kids. They haven’t had a chance to experience the US yet. My daughter has expressed interest in living there. I don’t think my son has any interest, however.  

I know, I need to see, an immigration lawyer, but I’m wondering other people’s experiences.

Saltwater Shenanigans

Today 08:37 am JST

Japan must change or it will not exist.

What hahaha

Japan is destained to always live in an isolated bubble.

But, it would, though: In order to take Japanese citizenship, you would have to legally renounce any other citizenships that you hold.

You tell JAPAN you renounce other citizenships but Japanese law covers only Japan.

You would still have your British citizenship outside Japan.

Both my children and literally thousands of other children with a British parent have done exactly this. The British embassy even tell you this.

Japan has a declining population.

Japan has people who would like to be a part of the country

Japan refuses them

Japan then extends ability for those people to return to Japan for more and more generations further removed from wanting to be Japanese because of the first point ala Brazilians.

makes sense

Dont know why these people think the ban is "unconstitutional." Article 11 of the Nationality Act states very clearly that that "acquisition of a foreign nationality by one's own choice results in automatic loss of Japanese nationality."

Just to be pedantic, the fact that a piece of legislation like the Nationality Act says something does not by itself answer the question of whether what it says is Constitutional or not. The Supreme Court is the body that has the power under Japan's Constitution to answer that question.

The appellant in this case was asking the Court whether the rule in the Nationality Act contravened Article 13 of the Constitution which guarantees respect for individuals and the right to the pursuit of happiness (in the article it says "self determination" which is an indirect reference to this).

The question had not been answered before so the Court accepted the case and basically said "no". So now we know.

SAD,

People should be able to keep their Nationality regardless of how many passports or citizenships they obtain.

No nation on earth should be able to strip it's own citizens of their Birth Rights

Judging by the child crisis in Japan, Japan would be foolish to threaten people who might leave Japan altogether if forced to choose. Japan would be shooting itself in the foot by choosing such a course.

This should be solved globally, because we all live on this planet. There are of course reasons for countries to limit nationality issues and there are reasons for every individual for wanting only one, two or many nationalities. The future will show if strict rules of countries or the raisin picking of individuals will prevail. A pragmatic solution could be that everyone gets the nationality of his birth place and if wished a maximum of another one but changeable nationality for special purposes like fleeing from war or other existential threats, seeking refuge, making business elsewhere or moving and having a marriage or family elsewhere. Finally, let me tell you the obvious, this planet is and remains our limit and prison, and also we have only a very short and limited lifetime, so it's generally very stupid to put additional and even much stricter prison rules upon that.

Regretful, very disappointing.

As a London born, Japanese citizen I yearn to reclaim my UK passport.

I have close family in Japan/UK I would like to honour both countries with dual nationality

Saltwater Shenanigans - let us hope it doesn’t change

According to the ruling, the woman acquired U.S. citizenship in 2004. She applied for a Japanese passport in 2017, but her application was rejected the following year on the grounds that she had lost her Japanese nationality.

Dual nationality is too complicated for me to understand, given all the potential edge cases.

However, I do know that the woman's case mentioned above is not going to get much sympathy from the average Japanese person. They will think that if someone deliberately chooses to become American, they cannot be Japanese anymore. A very high percentage of Japanese will think this woman got what she deserved.

Dual citizenship appeals as a fuzzy notion. However, it also means Japanese-Russians or Japanese-Israelis can go off and fight for foreign armies while retaining Japanese citizenship. As someone merely with permanent residence in Japan, I do not want people with Japanese passports piloting drones that bomb houses full of children for a foreign army. People doing such actions are war criminals.

@Aly RustomToday 08:11 am JST

Japan regresses again. For a nation that is grappling with a problematic population decline you would think that they might want to ease up on that restriction, but NOPE.

I'd say Japan just doesn't want to turn its citizenship into a mere qualification or license of which people can never have too many.

I understand many countries have cheapened their citizenship into exactly that. And associated with that is the idea that Citizenship can be revoked, like a license. That's when people start objecting, but that's what happens when you cheapen your citizenship, and those human rightists weren't complaining then.

"You tell JAPAN you renounce other citizenships but Japanese law covers only Japan.

You would still have your British citizenship outside Japan."

You're reading it all wrong; of course you'll keep your British Passport!

The point is you would LOSE your Japanese Passport in return.

Japanese Law covers Japanese Passports anywhere in the World, including Wakanda.

That's what the Japanese Top Court is telling you!

Clearly.

Unambiguously so.

Some British-born citizens had to denounce their citizenship legally to obtain a certificate to obtain a Japanese one. There is no way back in that case.

I'd say Japan just doesn't want to turn its citizenship into a mere qualification or license of which people can never have too many.

That's not what we are talking about at all. Why should someone who IS Japanese lose their citizenship just because they acquired another?

I understand many countries have cheapened their citizenship into exactly that.

Which countries?

And associated with that is the idea that Citizenship can be revoked, like a license.

Which is against human rights

That's when people start objecting, but that's what happens when you cheapen your citizenship, and those human rightists weren't complaining then.

those human rightists? So human rights mean nothing to you. Got it

Japanese who are dual citizens at birth can generally keep both passports even though in theory they should give one up when they become adults. You can not obtain dual Japanese citizenship as an adult. If, for example, an American applies for and is granted Japanese citizenship, they must give up their US citizenship. If they don't, Japan will rescind their Japanese citizenship and possibly throw them in jail.

Children born in Japanese international marriages have to decide by 22 which nationality to take.

The Japanese government has no way of knowing whether you actually gave up your other citizenship or not, so many keep both nationalities. It's a "look the other way" kind of regulation.

Children born in Japanese international marriages have to decide by 22 which nationality to take.

fallaffel

The Japanese government has no way of knowing whether you actually gave up your other citizenship or not, so many keep both nationalities. It's a "look the other way" kind of regulation.

Children born in Japanese international marriages have to decide by 22 which nationality to take

I believe that is mostly true but not in 100% of cases and there have been people caught out and lost their Japanese citizenship. I’m sure there are thousands of people with two passports. But there is the Nationality Law and those involved walk a thin line. I think there is no punishment if caught other than losing citizenship.

The trouble with dual citizenship is that politicians with that privilege can undermine the country they're in and the people they're supposed to represent by prioritising their other nationality. Take a look at what's going on in the US or Europe, for example, and how a certain country in the mid-east always gets priority treatment. It's unfortunate for ordinary people who have ties to more than one country but I can understand why the Japanese courts rule against it.

wallace

Many countries, not only Japan, prohibit dual nationality.

Yes. Roughly half the countries on Earth do not allow it. Conversely, half do. It would be nice if Japan was in the latter half.

The decision by the Supreme Court's First Petty Bench, dated Monday, was on a claim that Article 11 of the Nationality Law, which stipulates the loss of Japanese nationality upon voluntarily acquiring a foreign nationality, infringes on the right to self-determination.

She was able to fully exercise her right to self-determination, she chose to acquire another nationality voluntarily.

She just doesn't want to suffer the attendant consequences or responsibilities.

I wonder why she went through with it?

The number of countries allowing dual nationality are increasing but not Japan for the time being.

My children are both born outside Japan, but currently live and study in Japan, and have dual citizenship.

No court in the world or Japan will make them renounce one Citizenship, one Country, one Culture, in favor of another.

Those archaic cangaroo courtshave no power,m to do that, even if the atrocious law here specifies thst you have to choose one.

Guess what!? Mi kids will never, ever choose to loose one Citizenship, just because they say so.

Again appartenly most comments in here did not read the article or have a faulty comprehension of the English language....

The article says:

the woman acquired U.S. citizenship in 2004.

1) Not holding a UK nationality... but US.

2) Acquiring a citizenship means, that person applied for it (so she didn't born US citizen).

3) The only way for the Japanese government (or any other govenrment) to know if someone has two nationalitis or passports is the person declares it.

4) Holding dual (or triple) nationality has not being a major issue since up to now, those who have a dual nationality kept quiet about it, choose one or another, or have no way to renounce one nationality even if they want to.

I agree that it should be considered a revision of citizenship.

But based on people commenting here, there are almost no people who wants the Japanese citizenship... so it is a non issue??

hooktrunk2Today  08:41 am JST

I have read that the US can ban people from even entering the country if they give up their US citizenship. Not sure if any from Japan, tho. 

Only if a US citizen abandons their US nationality for the purpose of tax evasion. You can still enter the US under the Visa Waiver (if applicable) with ESTA, or failing which under a B1 Tourist Visa.

DanteKHToday  04:36 pm JST

My children are both born outside Japan, but currently live and study in Japan, and have dual citizenship.

Guess what!? Mi kids will never, ever choose to loose one Citizenship, just because they say so.

They will have to choose to live/reside in Japan, because that's the only way they will be able to renew their Japanese passports. Any attempt to renew them at a Japanese consulate in the other county will require presenting a Visa for the stay in that country.

No surprise, given all the baby boomers in office whose only motto is "because that's the way we've always done it." We'll have to wait for the next generation of lawmakers to get more sensible laws.

People are shocked that the country that doesn't allow married partners to have separate surnames won't allow dual citizenship?

I am shocked at the shock!

The article is also about dual nationality, which is not recognized legally here. A discussion that frequently appears on JT.

The point is you would LOSE your Japanese Passport in return.

NO YOU DON'T... Unless you are stupid and want to make a fuss.

My Children have both UK citizenship AND Japanese citizenship.

But of course, they "officially" only have Japanese citizenship while in Japan. The minute they leave Japan, out comes the British passport and bingo. They are British.

Along with thousands of other bi-cultural offspring doing exactly this.

They interpreted the law as it is. It’s fair. Now I wouldn’t talk about British citizenship… they can strip non dual citizens of citizenship and leave you stateless (if you know who I’m talking about, I’m not saying the person in question didn’t do something to deserve it, but still..).

@ Mr Kipling

You should be aware that if you children were born outside of Japan, they will be require to "choose" their nationality when reach 20 years of age. If they were born in Japan, they are automatically considered Japanse, but if they where born outside they will be ask to turn a certification of renouncement of the other nationality....

I know this stuff because, me and my siblings pass trough that. I was born in Japan so no issue there. My siblings where required to present a citizenship renouncemnet for the other nationality they hold.

I said "hold" because, we are from a country where the nationality is "irrenounsible, irrevocable and unstipable" not even by commiting act of balant treason towards that country.

What happen to my siblings was, that they went to the embassy/ministry of internal affairs for a refferal letter of renouncing their nationality since they chosed to be Japan Natiolas. The Ministry/embassy emitted an official letter so the procedure towards the Japanese government goes forward.

The thing is that the said letters were legally issued and official, but as far as the country that issue them that letter had no power given that, as I said before, the constitution of that country stipulated that the nationality cannot be renounced nor stripped.

I don't know for UK thouhg.... so you should look it up.

Top court rejects claim dual nationality ban is unconstitutional

It's amusing to see which laws are actually enforced, vs laws that aren't, here.

Who is making these horrible decisions?

One reason to never take Japanese citizenship

Mr Kipling

Today 06:57 am JST

Japan's ban on dual citizenship is only in Japan. If I take Japanese citizenship it would have zero effect on my British nationality in the UK or any other country except Japan.

Actually 51 countries don't permit or recognize dual nationality with many automatically losing their citizenship if they acquire another nationality.

This includes several European countries which in general don't permit dual citizenship but have some exceptions example the Netherlands requires those obtaining citizenship to relinquish their previous one, but those born dual can retain both.

“If I take Japanese citizenship it would have zero effect on my British nationality in the UK or any other country except Japan.”

Not in China and South Korea where dual citizenship is banned. You automatically lose your Chinese or Korean citizenship upon acquiring a foreign nationality.

Also if you apply for a government job that requires security clearance, you have to renounce the other citizenship, at least in the U.S , Australia, and the U.K.

"NO YOU DON'T... Unless you are stupid and want to make a fuss.

My Children have both UK citizenship AND Japanese citizenship.

But of course, they "officially" only have Japanese citizenship while in Japan. The minute they leave Japan, out comes the British passport and bingo. They are British.

Along with thousands of other bi-cultural offspring doing exactly this."

All you're saying is elementary, yet irrelevant in the context of the Court's Ruling.

Nobody is discussing the merits or demerits of the issue(s) of duality of citizenship.

ALL the Court is telling you is as follows:

No dual nationality is allowed in Japan.

If you are a Japanese citizen (and the Government finds out you hold multiple Passports), you WILL LOSE the Japanese one.

Outside of Japan's Jurisdiction you can have as many nationalities as your want.

Simples.

I personally believe Japan should accept dual nationality with specific countries based on a reciprocal agreement. It shouldn't be dual nationality with any and every country.

I find the Japanese attitude and policy towards maintaining sole nationality to be quite hypocritocal when Japanese academics who have given up their J-nationality win Nobel Peace Prizes and are proudly put on a pedestal on NHK. Recognizing dual nationality will also allow more athletes to compete in the Olympics and other international events as Japanese if they wish. Japan has more to gain from recognizing a controlled dual-nationality than by stubbornly holding on to it's current single-nationality policy.

The fact that my children who are born and raised in Japan would have their citizenship removed for renewing their other foreign passport feels very wrong.

ALL the Court is telling you is as follows:

No dual nationality is allowed in Japan.

If you are a Japanese citizen (and the Government finds out you hold multiple Passports), you WILL LOSE the Japanese one.

Outside of Japan's Jurisdiction you can have as many nationalities as your want.

Simples.

Which is why you don't make a fuss. Nobody is looking for passports. The Japanese government is not stupid, they know exactly what many families like mine do with dual nationality kids. When In Japan you are Japanese if you have Japanese nationality. Simples..

Maybe letting there be dual citizenship could help with the ever present birth crisis

I personally believe Japan should accept dual nationality with specific countries based on a reciprocal agreement. It shouldn't be dual nationality with any and every country.

I find the Japanese attitude and policy towards maintaining sole nationality to be quite hypocritocal when Japanese academics who have given up their J-nationality win Nobel Peace Prizes and are proudly put on a pedestal on NHK. Recognizing dual nationality will also allow more athletes to compete in the Olympics and other international events as Japanese if they wish. Japan has more to gain from recognizing a controlled dual-nationality than by stubbornly holding on to it's current single-nationality policy.

THIS!! Well said sir!

What are the dangers of a Japanese person over a certain age carrying a passport other than Japanese?

Being searched at a port of entry into Japan.

It would be an offense under Japanese law.

kurisupisu

What are the dangers of a Japanese person over a certain age carrying a passport other than Japanese?

Being searched at a port of entry into Japan.

It would be an offense under Japanese law

All people in a point of entry to the country, air ports and sea ports can be requested to show their ID.

I know of dual nationality holders making use of the health system in Japan.

Paying no contributions and not resident.

Is it legal?

No.

kurisupisu

I know of dual nationality holders making use of the health system in Japan.

> Paying no contributions and not resident.

> Is it legal?

> No.

Without a current National Health Card, all patients must pay 100% of the hospital charges.

There’s nothing to stop a dual nationality non resident from registering an address in Japan and taking advantage of the cheaper treatments in Japan whilst leaving elsewhere, outside Japan.

kurisupisu

There’s nothing to stop a dual nationality non resident from registering an address in Japan and taking advantage of the cheaper treatments in Japan whilst leaving elsewhere, outside Japan.

Requires a Health Card.