DESK REVIEW ON POPULATIONS AT RISK OF STATELESSNESS the family court in a procedure called shuuseki, through which a registration can be created (see succeeding section). C.7. Koseki (Family Registration) The Constitution of Japan in Article 10 provides that “[t]he conditions necessary for being a Japanese national shall be determined by law.”209 These conditions are set out in Japan’s Nationality Law No. 147 of 1950 as amended in 1952, 1984, 1993, 2004, and 2008.210 Under Article 2, citizenship by birth is granted in any of the following cases: 1. When, at the time of birth, the father or the mother is a Japanese national; 2. When the father who died prior to the birth of the child was a Japanese national at the time of his death; 3. When both parents are unknown or have no nationality in a case where the child is born in Japan.211 Until 1984, Article 2(1) did not include the mother, and citizenship could only be passed on by the father unless the father was unknown or stateless.212 “[B]ecause of the patrilineal system… the number of Japanese mothers’ children who do not possess Japanese nationality… increased in the territory of Japan.”213 The law was revised after Japan became a State party to the Convention on the Elimination of Discrimination Against Women. The provisions of the revised law would apply to a child born on or after 1 January 1985, however, a child born on or after 1 January 1965 was permitted to acquire Japanese nationality by making notification to the Minister of Justice based on Article 5 of the Supplementary Provisions of the Amending Law. Such a notification was required within three years after enforcement of the New Law. Anyone over 20 years of age (the age of majority in Japan), who could not benefit from this law revision would have to pursue naturalization to resolve their situation, but could do so under more favorable conditions than those required of foreigners in general under Article 8 of the revised law. The underlying policy was that, “the Minister of Justice ought to have the power to judge, on a case-by-case basis, the appropriateness of acquisition of Japanese nationality through process of naturalization when the child concerned has been a foreign national until reaching his or her majority.”214 Constitution of Japan, 3 November 1946, Chapter III, Article 10, available at: https://japan.kantei.go.jp/constitution_and_ government_of_japan/constitution_e.html. 209 The Nationality Law [Japan], (Law No.147 of 1950, as amended by Law No.268 of 1952, Law No.45 of 1984, Law No.89 of 1993 and Law.No.147 of 2004,Law No.88 of 2008); available at: http://www.moj.go.jp/ENGLISH/information/tnl-01.html. 210 Article 2(3) therefore recognizes the possibility of a child being born to stateless parents, and grants nationality to a child on the basis of jus soli (the right of anyone born in the territory of a state to the nationality of that State) in such circumstances. 211 70 212 Hosokawa, Kiyoshi. “Amendment of the Nationality Law.” Japanese Annual of International Law, 28, 1985, p. 11-28. 213 Ibid. 214 Ibid. UNHCR / April 2021