The Supreme Court of Japan ruled this Tuesday that Homosexual couples have the right to receive compensation in the event that one of them is the victim of a crimedespite the fact that Japanese regulations do not recognize the legality of relationships between people of the same sex.
The decision made public this Tuesday equates homosexual couples with heterosexual couples when requesting compensation as family members of victims of serious crimes, according to Japanese legislation on compensation for victims.
The Japanese Supreme Court ruled thus in an appeal filed by Yasuhide Uchiyama, 49, after a lower court in Nagoya did not recognize his right to compensation for the murder of his partner.
According to this Tuesday's decision, the Japanese regulations on compensation for victims' relatives “are aimed at cushioning the financial and mental blow” of those close to them, “regardless of whether they are of the same sex or the opposite sex.”
The Nagoya Court denied Uchiyama's request in 2020, arguing that same-sex couples did not yet have social or legal recognition in the country comparable to heterosexual marriage.
Uchiyama applied for compensation for family members of crime victims in 2016, after In 2014, his partner was murdered by a co-worker, who received a 14-year prison sentence.
This Tuesday's ruling comes after in the middle of the month two Japanese courts once again declared unconstitutional the veto on gay marriage established by current legislation.
Despite the fact that in recent years there have been judicial decisions that pointed out the legal discrimination suffered by same-sex couples in Japan and recognized certain rights, The Government continues without taking steps to modify the regulations and legalize these unions.
The Government maintains that the Constitution does not recognize marriage between people of the same sex and that therefore its position remains constitutional, since its article 24 defines marriage “based solely on the mutual consent of both sexes”, understanding that it can only be be between a man and a woman.
EFE
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