Reconstructing an Educational Legal Framework that Respects Sexual Diversity

The Necessity of Reform Based on a Human Rights Model from a Comparative Analysis of Japan and Taiwan

Abstract

The purpose of this paper is to clarify the institutional challenges surrounding respect for gender diversity in Japanese education law through a comparison with Taiwan. Using a functional comparative approach, the Basic Act on Education and related legal frameworks in both Japan and Taiwan are examined to analyze the current state of institutional responses. The analysis indicates that Japan lacks a dedicated law like Taiwan’s Gender Equality Education Act, and responses in the educational field remain passive and limited. Moreover, human rights education largely depends on the initiative of individual teachers, while sexual minorities remain marginalized within the system. To address these issues, this paper concludes that a reconstruction of the existing legal framework is necessary from the perspective of a human rights model, including the establishment of legally binding specific legislation and the enactment of a comprehensive anti-discrimination law.