Abortion in Japan
Chapter XXIX of the Penal Code of Japan makes abortion illegal in the country. Meanwhile, the Maternal Health Protection Law allows approved doctors to practice abortion with the consent of the mother and her spouse, if the pregnancy has resulted from rape, or if the continuation of the pregnancy may severely endanger the maternal health because of physical reasons or economic reasons. Any other persons, including the mother herself, trying to abort the fetus will be punished by the law. Anyone trying to practice abortion without the consent of the woman will also be punished, including the doctors.
No abortifacient has been approved in Japan. Approved doctors, however, can choose to use imported abortifacient under the same terms above. Any other people who abort the fetus using abortifacient will be also punished.
Oral contraceptives were once of limited availability, but the Ministry of Health, Labour and Welfare of Japan approved oral contraceptives in 2011. The usage of contraceptives is not considered as the act of abortion in Japan at all.
In 1842, the Shogunate in Japan banned induced abortion in Edo, but the law did not affect the rest of the country until 1869, when abortion was banned nation-wide. However, the crime was rarely punished unless the conception was a result of adultery or the woman died as a result of the abortion procedure.
According to the scholar Tiana Norgern, the abortion policy under the Meiji government was similar to that of the Edo period, and was fueled by the belief that a large population would yield more military and political influence on the international stage. In 1868, the emperor banned midwives from performing abortions, and in 1880, Japan's first penal code declared abortion a crime. The punishments for abortion grew more severe in 1907 when the penal code revised: women could be incarcerated for up to a year for having an abortion; practitioners could be jailed for up to seven. The Criminal Abortion Law of 1907 is still technically in effect today, but other legislation has overridden its effects.
In 1923, doctors were granted legal permission to perform emergency abortions to save the mother's life; abortions performed under different, less life-threatening circumstances were still prosecuted. In 1931, the Alliance for Reform of the Anti-Abortion Law (Datai Hō Kaisei Kiseikai) was formed by Abe Isoo and argued that "it is a woman's right not to bear a child she does not want, and abortion is an exercise of this right". This organization believed that abortion should be made legal in circumstances in which there was a high chance of genetic disorder; in which a woman was poor, on public assistance, or divorced; in which it endangered the woman's health; and in which the pregnancy was a result of rape. In 1934, the Fifth All-Japan Women's Suffrage Congress wrote up resolutions calling for the legalization of abortion as well as contraception. This did not result in any immediate reaction from the government at the time, but after the war, these resolutions were consulted when drafting legislation legalizing abortion.
In 1940, the National Eugenic Law stopped short of explicitly calling abortion legal by outlining a set of procedures a doctor had to follow in order to perform an abortion; these procedures included getting second opinions and submitting reports, though these could be ignored when it was an emergency. This was a daunting and complicated process that many physicians did not want to deal with, and some sources attribute the fall in abortion rate between 1941 and 1944 from 18,000 to 1,800 to this legislation.
After World War II, Japan found itself in a population crisis. In 1946, 10 million people were declared at risk of starvation, and between the years 1945 and 1950, the population increased by 11 million. In 1948, Japan legalized abortion under special circumstances. Eugenic Protection Law of 1948, made Japan one of the first countries to legalize induced abortion. This law was revised as the Maternal Body Protection Law in 1996.
Currently, abortion is widely accepted in Japan. According to a 1998 survey, 79 percent of unmarried and 85 percent of married women approved of abortion. According to researchers at Osaka University in 2001, 341,588 legal abortions were carried out in Japan, a 2.5 percent increase from 1998 to 2001. However, in 2007 the figure had decreased to around 256,000.
Eugenic Protection Law of 1948
From 1945–48 Japan experienced a severe population boom, exacerbated by 6.6 million repatriates and demobilized soldiers. The acts of Miyuki Ishikawa, a midwife who killed over a hundred newborn infants to parents who were unable to support a new child in secret and later attempted to extort the parents, is believed to have spurred public opinion towards the legalization of abortion  and the Eugenic Protection Law of 1948 was passed. This law provided for family planning services and permitted induced abortion and sterilization for health reasons. Prior to 1948, illegal induced abortions were rampant, which seriously endangered the lives of many Japanese women. In 1949 the law was amended to allow abortions to be performed for economic reasons. The law was further liberalized in 1952 when bureaucratic procedures were eliminated through the annihilation of local eugenics councils, who would have to approach each case individually. Physicians were required to report the number of abortions they performed to the Designated Physicians' Association. In 1955 the number of abortions peaked at 1.17 million; since then it has gradually declined. The eugenics law came under fire in 1973 by religious groups and political leaders. The Family Planning Federation of Japan opposed any revision of the present law. Increased fees for abortion operations, back street abortions, increased population and its concomitant social and economic disadvantages, and loss of face in the international world, are seen as problems which would be caused by a revised eugenics law.
New 1996 framework
In 1996 the Eugenic Protection Law was amended in Japan. The change in the law was called an amendment, but in fact it almost amounted to abolition, because the name of the law was changed to the Maternal Health Protection Law, and eugenic concepts and terms were totally removed. Such a law has to remain on the statute books because even now in Japan, abortion is prohibited under the Criminal Code although it is routinely carried out. The only legal way for women to terminate their pregnancy is by using the abortion provision in a law that was originally established to prevent the transmission of bad genes. Under the Eugenic Protection Law, sterilization surgery and abortion had been justified by reference to hereditary mental illness, hereditary physical defects, hereditary malformation, hereditary learning difficulties, and leprosy. The risk to the mother's life and health, and pregnancy resulting from rape were also included in the justification conditions, but they were inserted at the end of the law as if they were a late addition.
Maternal Health Protection Law
In 1997, the Maternal Health Protection Law was greatly revised and many restrictions from previous Eugenic Protection Law were removed.
In 2006, Article 14 of the Maternal Health Protection Law was revised. Under the revised law, approved doctors can virtually practice abortion to anyone, if consent was given by the mother. If a mother is married to a spouse, consent is also required from the spouse, but there are exemptions, such as, if spouse is missing or unable to give consent. Despite the fact this law requires a valid reasons to carry out abortion, virtually any mother is applicable for socioeconomic abortion, as it can be carried out unconditionally. Other valid reasons for abortion include rape and health problem. Doctors must send anonymous reports to the prefectural government after conducting abortion for health or socioeconomic reasons.
Abortion statistics showed that the abortion rate (the number of cases of induced abortions per 1,000 women per year) increased for women younger than 20 from 1975 to 1995. The abortion ratio (number of cases per 1,000 live births) remained the highest amongst women aged 40–44. An increase in the abortion ratio was seen in the two youngest groups (younger than 20 and 20-24), especially among those who were born after 1955. The proportion of abortions that were experienced by women younger than 25 increased from 18 percent between 1976 and 1980 to 30 percent between 1991 and 1995, and a slight increase was also observed among women aged 40–44.
Overall, in 1995 the total number of abortions reported was 343,024, representing a 49 percent decrease from the number reported for 1975. The overall abortion rate changed from 22 to 11 abortions per 1,000 women in 1975 and 1995, respectively; and the overall abortion ratio changed from 353 to 289 abortions per 1,000 live births in the same 20-year period. In more than 99 percent of cases, the reason reported for performing an abortion was to protect the woman’s health; this percentage remained constant during 1975-95.
The official Japanese government statistics on abortion however can not be considered as very accurate since physicians tend to underreport the number of abortions they perform as a way of avoiding income tax payments (Coleman 1991) and because of social pressures to protect women’s confidentiality, especially that of young women who are junior high or high school students.
A scenario study was conducted to assess the extent to which the unintended pregnancy rate in Japan, where oral contraceptives (OC) have not been legalized for family planning purposes and couples rely mainly on condoms, might change if more women were to use OC. Because current rates of unintended pregnancy and abortion in Japan are not known, data provided by the 1994 Japanese National Survey on Family Planning were used to construct scenarios for national contraceptive use. Annual failure rates of contraceptive methods and nonuse were applied to the contraceptive use scenarios, to obtain estimates of the annual number of contraceptive failure-related pregnancies. Subsequently, contraceptive practice situations assuming higher OC use rates were defined, and the associated change in the number of contraceptive failure-related pregnancies was estimated for each situation. It emerged that OC use rates of 15% decreased the expected number of unintended pregnancies by 13%–17%, whereas use rates of 25% resulted in decreases of 22%–29% and use rates of 50% in decreases of 45%–58%. The findings were reasonably robust to variation in the assumptions that were made. In conclusion, each theoretical percentage increase in the OC use rate in Japan was found to lead to a roughly equivalent percentage decrease in the number of unintended pregnancies.
- Norgren, Tiana. Abortion before Birth Control: The Politics of Reproduction in Postwar Japan Princeton, NJ: Princeton University Press, 2001.
- Obayashi, M. (1982). Historical background of the acceptance of induced abortion. Josanpu Zasshi 36(12), 1011-6. Retrieved April 12, 2006.
- "第１４７回国会 国民福祉委員会 第１０号" (in Japanese). National Diet Library. 2000-03-15. Retrieved 2008-03-18.
- Kato, Mariko, "FYI: Abortion and the Pill, Abortion still key birth control", Japan Times, October 20, 2009.
- Population Problems Research Council of the Mainichi Newspapers. 1996. Report on the 23rd National Survey on Family Planning. Tokyo; Mainichi Newspapers.
- J Stage Environmental Health and Preventative Medicine vol. 10 2005
- Kato, Mariko, "Abortion still key birth control," The Japan Times, October 20, 2009, The Weekly FYI, National edition, http://search.japantimes.co.jp/cgi-bin/nn20091020i1.html
- (Japanese) PDF (103 KiB)
- "第１４７回国会 国民福祉委員会 第１０号" (in Japanese). National Diet Library. 2000-03-15. Retrieved 2008-03-11.
- Whittaker, Andrea. "Abortion in Asia: An Overview". In Whittaker, Andrea, ed. Abortion in Asia: Local Dilemmas, Global Politics New York, NY: Berghahn Books, 2010: 11-38.
- Katagiri, T. Japan’s Eugenic Protection Law. The INFO Project. POPulation information onLINE (POPLINE. Retrieved, August 8, 2009, from http://db.jhuccp.org/ics-wpd/popweb/aboutpl.html
- Morita, K. (2001, August). The Eugenic Transition of 1996 in Japan: from law to personal choice. Disability & Society, 16(5), 765–771. Retrieved August 8, 2009, doi:10.1080/09687590120070114
- (Japanese) 母体保護法
- (Japanese) 妊娠中絶（にんしんちゅうぜつ）
- Goto , A. , Fujiyama-Koriyama, C., Fukao, A., & Reich, M. Abortion Trends in Japan, 1975-95. Studies in Family Planning , Vol. 31, No. 4 (Dec., 2000), pp 301-308. Population Council.
- Oddens B.J. & Lolkema, A. A scenario study of oral contraceptive use in Japan : Toward fewer unintended pregnancies. Contraception, Volume 58, Issue 1, July 1998, Pages 13-19