Act on the Promotion of Public Understanding of the Diversity of Sexual Orientation and Gender Identity(Act No. 68 of 2023)
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Act on the Promotion of Public Understanding of the Diversity of Sexual Orientation and Gender Identity
Act No. 68 of June 23, 2023
(Purpose)
Article 1The purpose of this Act is to establish the fundamental principles and clarify the roles and other actions of the national government and local governments concerning the promotion of policies on advancing public understanding of the diversity of sexual orientation and gender identity in view of the existing situation in which public understanding of the diversity of sexual orientation and gender identity is not necessarily sufficient, as well as formulate a basic plan and specify other necessary matters, foster a spirit to accept the diversity of sexual orientation and gender identity, and thereby contribute to the realization of a society that is tolerant of diverse sexual orientations and gender identities.
(Definitions)
Article 2(1)The term "sexual orientation" as used in this Act means a person's orientation toward the sex to which they have romantic or sexual feelings.
(2)The term "gender identity" as used in this Act means consciousness of the presence or absence or the degree of awareness of the identity of the gender to which one belongs.
(Fundamental Principle)
Article 3In conformity with the principle that all the people regardless of their sexual orientation or gender identity should be respected as an irreplaceable individual equally entitled to fundamental human rights, and with the recognition that discrimination due to sexual orientation and gender identity is unacceptable, the policies to promote public understanding of the diversity of sexual orientation and gender identity must be implemented for the purpose of contributing to the realization of a society in which people can live together while respecting each other's personality and individuality.
(Role of the National Government)
Article 4In conformity with the fundamental principle provided for in the preceding Article (referred to simply as "fundamental principle" below), the national government is to endeavor to formulate and implement policies to promote public understanding of the diversity of sexual orientation and gender identity.
(Role of Local Governments)
Article 5In conformity with the fundamental principle and in cooperation with the national government, local governments are to endeavor to formulate and implement policies to promote public understanding of the diversity of sexual orientation and gender identity, taking into account the actual situation of their regions.
(Efforts by Employers)
Article 6(1)In conformity with the fundamental principle, employers are to personally endeavor to promote understanding of the workers they employ by disseminating and raising awareness, improving the working environment, ensuring opportunities for consultations, and taking other actions for promoting understanding of those workers on the diversity of sexual orientation and gender identity, as well as endeavor to cooperate with the policies implemented by the national government or local governments to promote public understanding of the diversity of sexual orientation and gender identity.
(2)In conformity with the fundamental principle, the establisher of schools (meaning schools prescribed in Article 1 of the School Education Act (Act No. 26 of 1947), and excluding kindergartens and kindergartens of special needs schools; the same applies below) are to endeavor to educate or raise awareness, improve educational environment, ensure opportunities for consultations, and take other actions while obtaining cooperation from families, local residents, and other persons concerned regarding promotion of understanding of the pupils or students of the schools they have established (referred to as "pupils, etc." in this paragraph and Article 10, paragraph (3)) on the diversity of sexual orientation and gender identity, as well as endeavor to cooperate with the policies implemented by the national government or local governments to promote public understanding of the diversity of sexual orientation and gender identity.
(Publication of the Implementation Status of Policies)
Article 7Once each year, the government must publicize the implementation status of the policies to promote public understanding of the diversity of sexual orientation and gender identity.
(Basic Plan)
Article 8(1)In conformity with the fundamental principle, the government must formulate a basic plan for promoting public understanding of the diversity of sexual orientation and gender identity (referred to as "basic plan" in this Article) in order to comprehensively and systematically advance the policies to promote public understanding of the diversity of sexual orientation and gender identity.
(2)The basic plan is to specify the basic matters and other necessary matters for promoting public understanding of the diversity of sexual orientation and gender identity.
(3)The Prime Minister must prepare a draft of the basic plan and seek a cabinet decision on the draft.
(4)When a cabinet decision under the provisions of the preceding paragraph has been made, the Prime Minister must publicize the basic plan without delay.
(5)If the Prime Minister finds it necessary for preparing a draft of the basic plan, the Prime Minister may request the heads of relevant administrative organs to submit materials or provide other necessary cooperation.
(6)The government must review the basic plan approximately once every three years by taking into consideration changes in the state of affairs concerning the diversity of sexual orientation and gender identity, and taking into account the evaluation of the effect of the policies to promote public understanding of the diversity of sexual orientation and gender identity, and if the government finds it necessary, make changes to the basic plan.
(7)The provisions of paragraphs (3) through (5) apply mutatis mutandis to changes to the basic plan.
(Academic Research)
Article 9The national government is to advance academic research on the diversity of sexual orientation and gender identity and other necessary research for formulating the policies to promote public understanding of the diversity of sexual orientation and gender identity.
(Steady Dissemination of Knowledge)
Article 10(1)While taking into account the progress of the research referred to in the preceding Article, through various situations such as schools, local communities, households, and workplaces, the national government and local governments are to endeavor to implement necessary policies, such as promoting education and learning suited to the mental and physical development of a person, steadily disseminating knowledge on the diversity of sexual orientation and gender identity through public relations activities, and developing consultation systems for addressing various issues, to enable the people to deepen their understanding of the diversity of sexual orientation and gender identity.
(2)Employers are to endeavor to implement necessary measures for the workers they employ, such as providing information to deepen their understanding of the diversity of sexual orientation and gender identity, conducting training, disseminating and raising awareness, and developing consultation systems concerning the working environment.
(3)With the cooperation of families, local residents, and other persons concerned, establishers of schools and the schools they establish are to endeavor to take necessary measures for the pupils, etc. of those schools to deepen their understanding of the diversity of sexual orientation and gender identity, such as providing education and raising their awareness, and developing consultation systems concerning the educational environment.
(Liaison Conference for Promoting Understanding of Sexual Orientation and Gender Identity)
Article 11The government is to liaise and coordinate for comprehensively and effectively advancing policies to promote public understanding of the diversity of sexual orientation and gender identity by establishing a liaison conference for promoting understanding of sexual orientation and gender identity, which consists of employees of the Cabinet Secretariat, Cabinet Office, Ministry of Internal Affairs and Communications, Ministry of Justice, Ministry of Foreign Affairs, Ministry of Education, Culture, Sports, Science and Technology, Ministry of Health, Labour and Welfare, Ministry of Land, Infrastructure, Transport and Tourism, and other relevant administrative organs.
(Points to Note in Implementing Measures)
Article 12In implementing the measures provided for in this Act, the government is to take care to ensure that all of the people can live free from anxiety, regardless of their sexual orientation or gender identity. In such a case, the government is to formulate necessary guidelines for implementing those measures.
Supplementary Provisions [Extract]
(Effective Date)
Article 1This Act comes into effect on the day of promulgation.
(Review)
Article 2The provisions of this Act are to be reviewed approximately three years after this Act comes into effect by taking into consideration the implementation status of this Act and other matters, and necessary measures are to be taken based on the results of that review.
Article 3The Act for Establishment of the Cabinet Office (Act No. 89 of 1999) is partially amended as follows:
The following item is to be added after Article 4, paragraph (3), item (xlv).
(xlv)-2matters concerning the formulation and advancement of the basic plan for promoting public understanding of the diversity of sexual orientation and gender identity (meaning the basic plan prescribed in Article 8, paragraph (1) of the Act on the Promotion of Public Understanding of the Diversity of Sexual Orientation and Gender Identity (Act No. 68 of 2023));