Statutory and Customary Postures on Gender Equality in the Occurrence of Domestic Violence against Women in Japan—A Comparison with Guinea
Volume 25, Issue 1 (Article 1 in 2025). First published in ejcjs on 23 April 2025.
Abstract
Domestic violence (DV) against women remains a growing issue in many societies despite efforts by governments and many local, regional, and international organisations to address the problem. Some societies have made more progress than others in their efforts to tackle domestic abuse depending on the cultural and socioeconomic landscape. The recent covid-19 pandemic has further contributed to the rise in DV in the last three years due to restrictions on public mobility put in place to control the spread of the virus. Many studies have implicated culture as a strong agent influencing the occurrence of domestic violence across different societies. In addressing this, policies and legislation put forward have narrowed historical gaps in gender inequality across many aspects of society, but with varying degrees of impact on gender-related violence. Often, this is because the customary position and interpretation of gender equality does not mirror its statutory posture and interpretation. The study describes the state and occurrence of domestic violence in Japan, a developed country, and in Guinea, a developing country in West Africa, both under a civil law legal system. It identifies culture as a pervasive dominant common adversary in addressing domestic violence in both societies contrasted by their socioeconomic status.
Keywords: Japan, Guinea, domestic violence; customary; statutory; society; education; gender; cultural agent; legal customs
Introduction
Violence against women, including domestic violence (DV), remains a growing issue in societies across the world (Honda and Ogawa, 2021). Some societies have made more progress than others in their efforts to tackle domestic violence, varying with the cultural and socioeconomic landscape; however, such acts of violence still persist. The recent covid-19 pandemic contributed further to the rise in DV around the world, including in Japan and Guinea, in the last three years due to the long multiple lockdowns (stay-at-home and work-from-home campaigns), and restrictions on public mobility put in place to control the spread of the infection (Ando, 2020; Honda and Ogawa, 2021; The Japan Times, 2021; Ouedraogo and Stenzel, 2021; Katou and Kataoka, 2023). Domestic abuse does not discriminate between race, age, sexual orientation, religion, or gender, and can happen to anyone. The United Nations (UN) refers to domestic abuse, also known as domestic violence (DV) or intimate partner violence (IPV) as ‘a pattern of behaviour in any relationship that is used to gain or maintain power and control over an intimate partner.’ Abuse varies and can be ‘physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person.’, and ‘includes any behaviours that frighten, intimidate, terrorise, manipulate, hurt, humiliate, blame, or injure a person.’. Estimates published by the World Health Organisation show that worldwide, more than 1 in 4 women aged fifteen years and older have been victims of DV from their partners at least once since the age of fifteen (WHO, 2021a; World Bank, 2022).
The impact of domestic violence against women and girls on society is diverse and wide-ranging, from the direct effect on the victim(s) that can result in minor, life-threatening and/or life-changing physical injuries to the body, mental distress including post-traumatic stress disorder (PTSD) and even death, to the indirect impact on the general public in the form of reduced economic productivity and considerable financial costs to the state (Ouedraogo and Stenzel, 2021; WHO, 2021b). Results from previous studies have shown lost output ranging from an estimated one percent up to four percent of GDP in some countries (United Nations; World Bank, 2019; Ouedraogo and Stenzel, 2021). Evidently, better assessment and recognition of domestic violence integrated into the mechanisms of reduction and/or eradication can result in considerable socioeconomic benefits, including relief to victims, integrity to the family structure, economic prosperity, and social cohesion.
Many studies have implicated culture as a strong agent influencing the occurrence of gender-related violence, including domestic violence across different societies. Similarly, education in its various forms, has been noted as a significant agent in tackling such violence (World Organisation Against Torture [WOAT], 2007; Ouedraogo and Stenzel, 2021); however, the impacts of education and its potentials are tempered by the low cultural value ascribed to it in relation to the female gender in many societies. In addressing gender-related violence against women, policies and legislation put forward have narrowed historical gaps in gender inequality across many aspects of society, but with varying degrees of impact on gender-related violence. Often, this is because the customary position and interpretation of gender equality do not yet conform with its present statutory prescription. In describing the state and occurrence of domestic violence in Japan and Guinea, both under a civil law legal system of codified law and a Constitution, the study reveals the implications of the dissonance in perception of equality as presented customarily versus its statutory prescription on the dampening of policy effect and outcomes, including education, as well as its capacity to mask the actual extent of domestic violence against women. In addition, the comparison of both countries further highlights the commonality in the underlying nature of the challenges to policy effect and outcomes even in an advanced society such as Japan—purportedly furthest away from antiquated practices and beliefs, relative to Guinea.
Domestic Violence: A Brief History
Domestic violence is not a contemporary problem and has been around for centuries. The subjugation of women can be traced back to 753BC, in Rome, where significant authority and power were afforded to husbands over their wives and children (Yale Law School; Columbia University). Similarly, in the Anglo-American common law, the marriage structure was such that husbands were superior to their wives in many aspects of the union, and before the abolition of marital chastisement in the 19th century, the husband could subject his wife to moderate correction (chastisement) as long as it did not result in permanent injury (Siegel, 1995-1996). In Japan and Guinea, subject to centuries of customary (local) laws and decrees that were born from equally centuries of adherence to traditions, religious and philosophical principles have often presented women in the lower stratum of society. To illustrate, in Japan where Confucian principles had a stronghold and influence over successive leaders and governments, the social norms and even elements of the legal customs were derived from its teachings (Macfarlane, 1995; Dauer, 2006; McMullen, 2020).
Today, Japan and Guinea both operate a civil law legal system based on codified law and a Constitution that together forms the legislative core of the system. Thus, progress has been and continues to be made to eradicate DV in these countries and around the world. Consequently, domestic violence against women is now recognised as a human rights violation by the United Nations. In addition, many countries have significantly scaled up efforts to collect data on the prevalence of violence against women and girls, and about 162 countries have enacted laws against DV in the global effort to tackle the issue (WHO, 2021a; UN Women). In 2001, Japan introduced legislation against domestic violence—a step in the right direction that also signalled government intent and commitment to tackle domestic abuse. The law, “Act on the Prevention of Spousal Violence and the Protection of Victims,” commonly referred to as the “DV Prevention Act,” has seen several amendments and revisions since its enactment, now to include psychological abuse within the provisions (Gender Equality Bureau Cabinet Office (GEBCO); The Mainichi, 2023; Nikkei, 2023). In Guinea, although the law criminalises domestic violence and rape (U.S Department of State [USDS], 2020), and more recently now includes marital rape (Immigration and Refugee Board of Canada [IRBC], 2015; Guinean Government Ministry of Social Affairs and the Advancement of Women and Children [MASPFE], 2004), the absence of specific legislative provisions that contextualise and target acts of domestic violence means that perpetrators may be prosecuted under general assault of the penal code. Notwithstanding, the capacity to prosecute exists.
Domestic Violence in Japan and Guinea
Domestic Violence in Japan
In Japan, the culmination of campaigns for government action on violence against women and protection of victims was the enactment of the DV Prevention Act, 2001 (Act on the Prevention of Spousal Violence and the Protection of Victims). The legislation was revised on several occasions, in 2004, 2007, and 2013, most recently in 2023, to expand its scope and to reinforce its provisions (The Mainichi, 2023; Nikkei, 2023). As in Japan, other governments and organisations such as the United Nations and the World Health Organisation, amongst many others, have recognised and legislated, or developed policies and systems, to tackle domestic violence; however, DV against women remains prevalent in many societies around the world, and culture is often cited for its strong influence over its occurrence (WOAT, 2007; Hall, 2012; IRBC, 2015a; Ando, 2020). As discussed previously, domestic violence dates back many centuries. In Japan, pre-World War II, following the Meiji Restoration of 1868, a legal code, which later became known as the Meiji civil code, or the Japanese civil code, was written and adopted as part of social reforms taking place to establish governance (National Diet Library, Japan; Dauer, 2006). The code, which became the Constitution, was promulgated in 1896 and came into effect in 1898, and remained largely unchanged until it was succeeded in 1947, post-WWII (Ministry of Justice, Japan). The Japanese civil code was heavily influenced by European civil laws, notably the German civil code (Bürgerliches Gesetzbuch (BGB)), and the French civil code (Van Den Berg, 2018; National Diet Library, Japan), they themselves inspired by the 6th-century codification of Roman law. However, a key difference between the Japanese civil code and its European counterparts is the retention of many of its customary laws (legal customs) within the Code (Van Den Berg, 2018). Since the source of customary law is rooted in centuries of traditional practises, and in the case of Japan, shaped by the tenets of Confucianism and Buddhism amongst others (Macfarlane, 1995; Dauer, 2006; McMullen, 2020), the Japanese civil code incorporated elements of their teachings and philosophies. Of note is the Confucian principle that advocates for the social stratification of individuals into a hierarchy. Within the hierarchy, women were of lower social class than men, including their sons whom they must obey. Furthermore, Confucianism also discourages changes in social status in order to create and preserve social harmony (Dauer, 2006). With that, the subjugation of women in the society now also had a legal base.
In Japan, although the post-war Constitution brought about the restoration of universal rights and equality to all under the law, patriarchal authority and/or male dominance still remain salient features in the society and discriminatory practises on that basis exist (Dauer, 2006; Asahi, 2021). Generally, the tacit perception that wives/women were still subordinate to their counterpart (husbands/men) and therefore subject to their authority, continues to foster a culture of male dominance and superiority that leads to the occurrence, perpetration, and perpetuation of domestic violence against women (HPVRG, 2002; WOAT, 2007; Asahi, 2021). A public opinion poll on gender equality in Japan administered by the Cabinet Office in 2019 revealed that 74.1% of respondents feel that men receive privileged treatment in the society while only 3.1% felt that women received privileged treatment; only 21.2% felt that both males and females received equal treatment (GEBCO, 2022). Japan has ranked consistently low on the global gender gap report, a survey conducted annually by the World Economic Forum (WEF), and remains the lowest ranked among the G7 industrialised nations with advanced economies. In 2023, Japan ranked 125th of 146, a record low, and in 2024, 118th among 146 countries (Asahi, 2023), a slight improvement; however, the consistent ranking at the bottom reflects the extent to which the society remains influenced by cultural norms. In 2002, a study conducted by「夫/恋人からの暴力」調査研究会 / Husband/Partner Violence Research Group [HPVRG] on victims (women) of domestic violence in Japan showed the nature of the reasons that trigger violence against women from their husbands or partners, some of which are echoed in Hall, 2012, as well as their tendencies to precipitate violence (Figure 1).
Figure 1. shows the nature of reasons that may trigger violence against women by their husbands /partners in Japan. [Reproduced from「夫/恋人からの暴力」調査研究会 (2002) (Husband/Partner Violence Research Group)].
In Figure 1, the single greatest trigger for violence is “talking back to their partners” with a tendency of 83.6%. This is followed by “stress and pressure from work” on the part of their partners, and “showing authority as husband” with tendencies of 47.7% and 44.5% respectively. The bases of two of the three most significant triggers of violence are informed by the prevailing social and cultural norms where female subordination is routinely expected. Similarly, the reason of “refusal to engage in sexual intercourse” may also be considered in this light given that men, particularly husbands, may have a sense of entitlement towards their wives. Violence arising from “stress and pressure from work” stems from the long-standing cultural practice of long working hours in Japan. In 2017, data published from a nationwide survey conducted by the Cabinet Office, a government ministry in Japan, showed that there was a general awareness of what actions constituted violence and includes slapping, kicking, threatening to hit, forced sexual intercourse, monitoring of partner’s friendships, phone-calls, and emails, and forbidding conversations with members of the opposite sex; however, some respondents lacked completely the recognition of themselves as victims of domestic violence, and in those cases, such acts of violence are being tolerated and even accepted (Nippon.com, 2018). According to the government’s Gender Equality Bureau Cabinet Office (GEBCO), about one in four women have been victimised by their spouse, and over 40% of female victims did not seek support or report the incident (Nippon.com, 2018; The Japan Times, 2019; GEBCO, 2020, 2023), a figure attributed to cultural pressures that are known to discourage reporting to the authorities (IRBC, 2015a; Fujiwara et al., 2010; Hall, 2012; Ando, 2020; Honda and Ogawa, 2021).
Domestic Violence in Guinea
In Guinea, government actions in recent years to address the prevalence of violence against women, including domestic violence has resulted in the implementation of education (literacy) programmes and adjustments to the legal framework to recognise marital rape (MASPFE, 2004; IRBC, 2015a; USDS, 2020). However, much like Japan, the Guinean society is greatly influenced by ancestral customs that ascribes higher status to males, relative to their female counterpart, thus paternal authority remains a salient feature of its society, as is the discriminatory practises it fosters (MASPFE, 2004; IRBC, 2015a). In the 2023 global gender gap report, Guinea was ranked alongside Japan at the bottom of the index, at 137th of 146, and in 2024, 142nd among 146, lower still. As is the case with Japan, this reflects the extent to which the country remains influenced by culture norms, but perhaps more worrying is the regression in direction of the country having been ranked 118th in 2021 and 2022 respectively. A United States Agency for International Development (USAID) led demographic and health Survey (DHS) described by Yamagata (2023), on female victims and non-victims of domestic violence shows the reasons and/or triggers of domestic violence in Guinea and their tendencies to result in violence (Figure 2).
Figure 2. shows the nature of reasons that may result in the recipient of violence from husbands/ partners in Guinea. [Reproduced from Yamagata, 2023].
From the figure, all four leading reasons with tendencies of 70% and above to trigger violence may be considered the consequences of a societal structure of male dominance and gender stereotype (Figure 2). Similarly, the action of “refusal to engage in sexual intercourse,” with a modest yet significant value of 40% (28% in Japan), is considered in this light. The adherence to traditional ways of thinking almost legitimises domestic violence such that it becomes the norm. A national survey conducted in 2009 and subsequently in 2016 on gender-based violence revealed that about 9 out of 10 women have been victims of domestic violence (IRBC, 2015a; Balde et al., 2022), although this may have declined since. As of 2018, 67.2% of women and 55.4% of men believe that wife beating is justified for at least one specific reason (USAID - DHS).
The influence of the cultural agent, by the proportion of triggers that it represents and the tendencies for such triggers to result in violence, is evident in Figures 1 and 2. Shared and common reasons such as “talking back to their partners,” “refusal to engage in sexual intercourse,” and “showing authority as husband (Japan)/going out without permission (Guinea),” reflect the similarity in the pattern of behaviour of male partners in both societies and the extent to which their societies remain influenced by cultural norms. As previously discussed, Japan has ranked consistently low on the global gender gap report and remains the lowest ranked among the G7 industrialised nations with advanced economies, a reputation that Guinea also shares. More surprising is that despite Japan’s superior literacy and economic status over Guinea, it too is as much a victim of cultural overreach as in Guinea given that studies have shown that high-income countries with high literacy and economic status have generally lower prevalence of domestic violence relative to low-and middle-income countries (Decker, et al., 2015).
The Prevalence and Wider Effects of Customary Posture in Japanese and Guinean Societies
Hall (2012) describes culture as a force that includes very nearly all elements and quality of life matters. These include language, lifestyle, customs, beliefs or creed, and religion, amongst others. Thus, from culture come values that define elements of individual and collective identities that influence social perceptions, behaviours, and interactions. As mentioned earlier, the introduction of legislation and policies that seek to redress the disparity between males and females, and the achievement of their stated objectives have varied in impacts. Often this is because the cultural posture of gender remains the dominant view whereas the statutory and relatively more contemporary posture of gender lags in this respect. Inevitably, culture, the persistent and yet dynamic agent that influences social norms including gender stereotypes and inequality, with its ponderous pace of change, will have a dampening effect on statutory and policy objectives, and in some cases undermine them.
Societal pressures arising from the expectation to accept and adhere to social and cultural norms more often than not tend to relegate women. In Guinea, this drives the tolerance of wife beating, and constrains access to education that results in the low literacy rate among women and girls—a consequence of the perceived low cultural value of education; when coupled with a high illiteracy rate among parents, a vicious cycle emerges. Furthermore, the burden of domestic chores typically borne by women and girls shortens available time for study, negatively impacting performance and therefore the ability to complete their education and to secure paid employment (World Bank, 2023; UNICEF, 2023; MASPFE, 2004). Women burdened by domestic chores may not be able to afford the time to participate in informal and/or vocational educational programmes; thus the resulting inequality from economic dependency on their male partners may reinforce subservience and perpetuate their subordinate status or roles, and therefore the tendency to suffer from abuse. Child or early marriages, with frequent closely-spaced pregnancies, further limits access to education, fosters low quality of life, and sustains economic inequality (MASPFE, 2004; IRBC, 2015b; Male and Wodon, 2016). Religious beliefs and the misrepresentation of religious teachings, which often lends potency to culture, can exacerbate these occurrences. The triggers of domestic violence in Figure 2, which are strongly associated with traditional and/or culturally defined gender roles, support this assessment.
In Japan, where the nature and severity of these occurrences may differ, long-standing practices in its patriarchal society and female relegation are rife, some more apparent than others. Gender stereotypes can enforce traditional roles by constraining female ambitions of securing high-value and/or high-earning professions and the corresponding power and status it holds in various societal settings. In 2018, an investigation conducted by the Ministry of Education, Culture, Sports, Science and Technology (MEXT) concluded that ten universities across Japan had systematically and repeatedly discriminated against female candidates sitting medical entrance exams by artificially lowering their scores (The Guardian, 2018; The Mainichi, 2020; BBC, 2022). Furthermore, this trend is also visible in the under-utilisation of female resources and skill by their low rate of engagement in the labour market, despite possessing high literate and numeric proficiency (OECD, 2012; WEF, 2023). In Figure 1, “stress and pressure from work” on the part of their partners is 47.7% likely to trigger violence—a significant number; therefore work style reforms that dismantle the current work culture of long hours and tacit obligatory afterwork drinking sessions may be in order.
Pressures from cultural profiling in Japan, and to a greater extent in Guinea, and the associated social consequences of defiance (fear, shame, humiliation, divorce), can trivialise female experiences, such as domestic abuse and other forms of abuse and discrimination. Discouraging the reporting of incidents to the authorities, and/or withdrawal of complaints entirely, often against the victim’s own wishes, infringes on their rights to prosecute, consequently undermining the objectives of any legislative Act in place (Hall, 2012; Ando, 2020; Honda and Ogawa, 2021; GEBCO; MASPFE, 2004; IRBC, 2015a; USDS, 2020; Balde et al., 2022). Of some consequence is the known tendency of Japanese lawyers to hold customary law in high regard against the statutory law, given that the Japanese civil code retained elements of its customary law (legal customs), which is fundamental to Japanese legal values and customs; in other words, quintessentially Japanese in origin (Van Den Berg, 2018).
Relatedly and of concern is the reporting of data by organisations that may inadvertently downplay the extent to which domestic violence is an issue in Japan. In the G7/OECD summit in Hiroshima in 2023, data published on the prevalence of physical and/or sexual violence against women and girls by an intimate partner portray Japan as having the lowest number of cases among the G7 and OECD countries. Meanwhile, official reports by the National Police Agency (NPA) in Japan showed that consultations with the police in relation to domestic violence, of which over 80 percent were women, have risen since the introduction of the DV Prevention Act in 2001, from 14,140 in 2002 to 84,496 as of 2022, and remains at a high level, whilst arrests have remained comparatively low; consultations with DV support centres are significantly higher (35943 to 122211). In addition, a nationwide survey conducted by the Cabinet Office revealed that only 2.2 percent of the 650 individuals (men and women) in the survey who had been harmed in one form or another from spousal violence had contacted the police; about 50 percent had contacted no one about the incident (Nippon.com, 2018; The Japan Times, 2019; GEBCO, 2023). Similarly in Guinea, significant underreporting of domestic violence cases to the authorities suggest that victims continue to face barriers to seeking legal recourse in both countries.
Education as a Mechanism of Intervention
Education is widely considered an antidote to cultural stipulations and therefore a key agent in tackling various social imbalances. The effectiveness of education as a positive agent in addressing domestic violence against women is established in the literature (Ouedraogo and Stenzel, 2021). Education has demonstrably resulted in measurable reductions in gender-based inequalities (stereotypes, economic, and social) that originate from underlying social, cultural, and religious views and attitudes. Figure 3 shows a simplified schematic illustrating the interactions between culture, education, inequality, and lifestyle. In describing the relationships, culture is generally assumed to influence education, the extent differing with society, by limiting access and/or trivialising the value of education. The positive feedback loop, and the positive/negative effect, illustrate the pattern of flow that is dictated by the degrees of success of education as an intervention.
Figure 3. shows the interaction of culture, education, inequality and lifestyle.
Studies have shown that women with low or limited decision-making power and low educational parity relative to their husbands/partners were more likely to suffer from domestic violence than those with contrasting qualities. Klugman et al. (2014) reported that women with incomplete secondary education and those with completed secondary education have an 11 % and 36 % lower risk of violence respectively, relative to those with no education. In Japan, both males and females are obligated to complete their lower secondary education (junior high school), with an attendance rate of upper secondary education (senior high school) at nearly 99% (Ministry of Education, Culture, Sports, Science and Technology [MEXT]). In Guinea however, despite visible progress in the past decades, low levels of education remain widespread, with noticeable disparity between males and females (World Bank, 2023; United Nations Children’s Fund [UNICEF], 2023). Data from 2013-2022 show that a higher proportion of females are not enrolled in schools at all levels of education investigated (primary, secondary, or higher education). Furthermore, females are nearly half as likely to complete their education; consequently, they have a lower overall literacy rate at 43%, relative to their male counterparts at 70% for persons aged 15-24 years (UNICEF, 2023).
In considering formal education as an intervention in addressing inequality between males and females and its extended effect on lowering the risks of DV, Japan with its high literacy and numeracy rates among both males and females indicates the lesser extent of socio-economic, cultural, and religious impediments to obtaining formal education, and any further improvements to this is unlikely to result in any meaningful outcome in policy in addressing inequality. However, in Guinea, decades of nationwide government action on education (Education for All programme) have met with some success (MASPFE, 2004), and unlike Japan, further improvements in the literacy and numeracy rates from the expansion and enforcement of mandatory formal education remain a viable approach to addressing the country’s imbalances in relation to the issues hitherto discussed.
Conclusion
The occurrence of domestic violence against women remains a growing social concern. Although progress has been, and is being, made to tackle the issue, no country is yet within reach of eradicating domestic violence. In Japan and Guinea, the influence of the predominantly-held customary views in the occurrence of domestic violence is evident—not even advancements in the socioeconomic landscape of Japan, withs its superior literacy and economic status, could sufficiently curtail such cultural overreach and persistence, as both societies continue to grapple with the ramifications. Pressures to adhere to the social and cultural status quo compel women and girls to assume stereotypic roles, often against their own will, perpetuating a diminutive social status in association and therefore increasing the risk of the occurrence of domestic violence. Although the prevalence of DV is reportedly higher in Guinea than it is in Japan, the lack of reliable data remains an issue in either country which makes the assessment and scale of the issue difficult correctly to ascertain. Culture which continues to hold a prevailing view over statutory definition in many social settings and interactions tempers, and arguably undermines, the potency of policy interventions as discussed. In the consideration of education as a mechanism of intervention, it is the view that a pervasive approach to government-sponsored outreach programmes including informal and/or vocational educational programmes and campaigns on domestic violence in both countries, targeted at the general public (e.g., illiterate adults), including perpetrators, to create awareness that presently is lacking on the statutory prescription of DV, such as the statutory rights of victims, and the legal and social consequences to perpetrators, in sufficient magnitude will re-orient current policy priorities and direction from a passive support-centred approach towards a preventative-centred approach where the cultural agent, a substantial factor in the occurrence of domestic violence, may be proactively addressed.
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Article copyright Benneth O.I. Esiana