The Fukuoka High Court of Japan recently reaffirmed the constitutionality of a legal provision stipulating that Japanese nationals must relinquish their Japanese citizenship upon acquiring citizenship in another country. This decision reinforces the Japanese Nationality Law, which has long maintained the criteria for citizenship retention within Japan. The case was an appeal following a prior ruling by the Fukuoka district court, brought forward by Yuri Kondo, who contended that the law transgresses the equality provision outlined in Article 14 of the Constitution of Japan.
Kondo’s arguments targeted the perceived discriminatory nature of the Nationality Law, coupled with potential infringements on her personal rights. Supported by the non-profit organization CALL4, Kondo’s case highlighted concerns related to Article 13 of the constitution, which encompasses the right to life, liberty, and the pursuit of happiness. Her legal representatives argued that the policy of automatic loss of nationality may erode a person’s sense of personal identity and agency, suggesting that there is minimal government interest justifying this single nationality practice.
The court, however, sustained its position, noting that the Nationality Law offers clarity and flexibility by allowing Japanese citizens the option to choose their nationality, especially significant for those residing abroad. It dismissed the suggestion of “arbitrary deprivation of nationality,” arguing that the law provides a straightforward mechanism for Japanese nationals to manage their citizenship preferences in anticipation of acquiring a foreign nationality.
Yuri Kondo, who was born in Japan and became a naturalized U.S. citizen in 2004, faced the forfeiture of her Japanese citizenship after her dual status was flagged in 2017—a development stemming from her extended residence and naturalization activities in the United States. Kondo stressed that the modern context of global migration and international relations should prompt Japan to reconsider its single nationality doctrine, a position that has gained traction elsewhere as many countries embrace dual or multiple nationalities. For additional details on this case, you can read the complete report in JURIST.