Lawsuit for Lowering the Age of Candidacy

#Procedural Justice
#Democracy/Freedom of Expression

Current Total Raised

¥ 2,414,500

24%

Target amount

¥ 10,000,000

Supporter

268 supporters

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In Japan’s aging society, where the older generation dominates the political arena, it is difficult for the voices of the younger generation to be heard. The unchanged age of candidacy since the post-war era restricts young people’s political participation and makes it difficult for them to engage in politics. A politics that embraces the voices of teenagers and people in their 20s with a long-term perspective will create a more sustainable and livable society in Japan. In pursuit of a society where the voices of the younger generation are heard, we propose lowering the age of candidacy.

Why is the current age of candidacy a problem?

We demand lowering the age of candidacy (the right to be elected) through legal proceedings. Currently, the age of candidacy in Japan remains at 25 years old and 30 years old, unchanged since the post-war period.

Over 70 years have passed since the post-war period, and society has undergone significant changes. In 2016, the Public Offices Election Act was amended to allow voting from the age of 18. However, the age of candidacy remains unchanged, continuously limiting the direct political participation of young people. Furthermore, it is worth noting that no one can provide a rational explanation as to why the age of candidacy must be set at 25 and 30 years old.

Currently, the majority of representatives in parliament, who are supposed to represent us as voters, are predominantly middle-aged and elderly. Their average age is nearly 60, which significantly deviates from the overall average age of the population. As a result, important matters affecting all people living in Japan are being decided solely by individuals with certain characteristics.

Politicians in their 40s are called young, and it is considered natural for them to have a generation gap with those in their 20s and 30s. The voices of young people as stakeholders often evaporate without being heard in the political arena. This is a serious problem that not only reinforces the indifference of young people towards politics but also contributes to their disengagement. The decline in youth political participation and voter turnout is widely recognized as a significant problem, but we also believe that there are problems within the political system itself.


In an era where many individuals choose their first career at the age of 18 or 22 after graduating from schools, the option of pursuing a profession as a "politician" is not available at this time. If one were to actually run for office under the current age requirements specified by the Public Offices Election Act, they will have had several years of work experience when they reach the age of 25, and at 30, they may be in the stage of marriage, childbirth, and raising young children. During these dynamic life stages, even if one reaches the eligible age to run for office, it is not easy to immediately do so, as it often requires sacrificing or interrupting their current career, unless they have a solid foundation to fall back on in the event of losing the election. Lowering the age of candidacy would allow young people to choose a career as a politician as their first choice with less risk involved.


Even from an international perspective, Japan's age of candidacy is excessively high.

Globally, countries within OECD that set the minimum age for candidacy at 25 years of age or older are in the minority. Out of 36 countries, 21 countries (approximately 60%) have set the minimum age for candidacy at 18 years, while 9 countries (25%) have set it at 21 years. Countries that establish the minimum age below 21 years account for 85% of the total.

Actually, these countries did not initially have these lower minimum age requirements for candidacy. It has been in recent decades that successive reforms have been made to allow young people to run for office.

For example, in the UK, in 2004, the Electoral Commission recommended lowering the age of candidacy for reasons such as: 1) there are examples internationally where the age of candidacy aligns with the voting age, 2) there may be individuals under the age of 21 who have an interest in elected positions and are capable of fulfilling their duties adequately, and 3) even without comprehensive restrictions on candidacy based on the age, through elections, voters can determine whether a candidate is suitable for public office. In response to this recommendation, the legislative body lowered the age of candidacy from 21 to 18 through a law amendment in 2006.

In Germany, the age of candidacy was lowered through legislation that aligned the age of adulthood or the voting age with the age of candidacy in 1974, while in France, a similar legislation was enacted in 2011.

Of course, there have been no adverse effects reported as a result of lowering the age of candidacy in these countries. On the contrary, in every country, it has been reported that lowering the age of candidacy has increased the interest and commitment of young people in politics.

In other words, there are very few rational reasons to maintain the age of candidacy at 25 or 30. Those who oppose lowering the age often argue that young people lack knowledge, experience, and discretion. However, this is a typical prejudice. There is no rational basis for considering all young people to be uniformly inferior simply because of age.


Why a Lawsuit?

Efforts have been made in the past to advocate for the lowering of the age of candidacy (the right to be elected) through political channels. Even during the lowering of the age of adulthood in 2016, there were voices calling for a simultaneous reduction in the age of candidacy. However, seven years have passed since then, and it has still not been lowered. While many opposition parties are demanding a reduction, the ruling party has shown no intention of including it in any specific political agenda. In modern Japanese society, where individuals aged 18 to 25 account for less than 20% of the population, they belong to a minority group. For incumbent politicians who are predominantly middle-aged and older, their direct supporters are often of the same generation, and there is little incentive for them to listen to the voices of young people. On the contrary, lowering the age of candidacy would increase competition for incumbent politicians, leading to disadvantages for them. It is unlikely that they will take the lead in initiating reforms structurally, and in this complex and rapidly changing society, it is also unlikely that young people's political participation will become a significant electoral issue. In other words, a legislative solution is not highly expected. It is precisely for these kinds of issues that it should be discussed within the judicial system. We seek to rectify the system through the legal process, armed with evidence and logical arguments.


Comments from the Plaintiffs

Haruka Kubo (19) / University Student
Through my activities addressing various social issues from the perspective of local communities, I have felt that the lack of diversity among local politicians is a serious problem that hinders the voices of young people from being heard and contributes to political apathy. It is with such thoughts that I have decided to participate in this campaign.

Suzuka Nakamura (21) / University Student
I wonder why there is no politics that not only listens to the voices of young people but also acts upon them. It is something I feel while facing the climate crisis and living in a local community. I have decided to become a plaintiff so that I will not be disregarded simply because I am a young person and will not give up with the excuse that "it's the politics of Japan."

Suzuka Nakamura (23) / University Student
Why isn't there a politics that not only listens to the voices of young people but also takes action to make a difference? This is what I wonder, confronting the climate crisis and living in a rural community. I have decided to become a plaintiff instead of giving up by accepting the fact that “because it’s Japanese politics” and being disregarded “because I am young.”

Momoko Nojo (25) / Representative Director of NO YOUTH NO JAPAN & Representative of FIFTYS PROJECT
During my study abroad in Denmark in 2019, I was impressed by the presence of a 21-year-old female member of parliament, which led me to establish an organization and engage in activities to promote the political participation of young people. I want to raise awareness that the low voter turnout is not solely the responsibility of young people but also a problem with politics that lacks representation from the younger generation.

Chico (23) / Representative of Sophies
There is a growing concern about young people's disengagement from politics these days. Adults often say, "It's because of today's young people." However, I believe it is important to look at the social background that prevents young people from being interested and to create a foundation for young people to stand up on their own. I hope that Japan's future will be a society where people from all segments come together, interact, and update.

Kaito Yoshizumi (23) / Representative Employee of Tonbo
In this day and age, many people choose their first career at the age of 18 or 22, and I have always felt that not being able to choose a career as a politician at that time is a significant flaw in the current electoral system. With that background, I strongly resonate with this public litigation and will actively participate as a plaintiff!


Request for Donations

In a society where various issues such as education, advanced technology, employment, welfare, mental health, environmental problems, security, gender, and diversity are intricately intertwined, it is necessary for people from diverse backgrounds, not just limited to a few adults, to come together, engage in dialogue, and update the society. Through this movement, we hope to facilitate a societal-wide discussion on the unchanged age of candidacy since the post-war era and to see a change.

We kindly ask for your support in realizing a politics that can be changed by young individuals who are integral members of society and can directly participate in shaping it. Thank you for your consideration and support.


Use of Funds

  •  Litigation Expenses: Actual expenses such as stamp fees and photocopying costs.
  •  Expert opinion fees: We plan to seek the assistance of experts in constitutional law and administrative law, among others, for written opinions in their respective fields.
  •  Documentation of international expertise: We are considering conducting interviews or asking for written opinions from international experts and current lawmakers abroad. This may require translation costs in addition to the usual compensation.
  • Transportation expenses for the legal team and plaintiffs: The lawsuit will take place in Tokyo. We intend to cover the transportation expenses for plaintiffs and part of the legal team traveling from other regions to attend the trial, as well as the transportation expenses for experts visiting Tokyo.
  •  Event organization and publicity costs: We would like to allocate some of the donated funds towards organizing events and publicizing the lawsuit.
  • Legal fees: We intend to utilize the funds for lawyer fees, including retainers, success-based fees, and daily allowances for business trips.


About Legal Team

TODA, Yoshitaka(Chief)
KAMEISHI, Michiko
TANIGUCHI, Motoki
NISHI, Yoshiyuki
IGETA, Daisuke


Message from Legal team

The age of candidacy was established approximately 70 years ago. Since then, both domestically and internationally, there has been a growing belief that reflecting diverse perspectives contributes to a robust democracy and a movement to respect young people's right to self-determination. In line with this trend, Japan enacted a law in 2015 to lower the voting age to 18 and another in 2018 to lower the age of adulthood to 18. When the voting age and the age of adulthood were lowered, many voices called for a corresponding reduction in the age of candidacy, but there have been no concrete legislative actions.

The right of candidacy is a fundamental human right protected by the principle of popular sovereignty, which is a basic tenet of the constitution and should not be unjustifiably deprived without rational grounds. We are aware that there are numerous young individuals who possess superior qualities and capabilities compared to adults, even if they have not reached the age of 25 or 30. In this litigation, we aim to question the societal notion that young people are inherently less experienced or capable than adults through fair and equitable discussions within the judicial process.


About LEDGE

Public litigation is the approach of using the judicial system to change unjust systems and practices in society. LEDGE is a team of various experts created to support public litigations. This lawsuit is supported by LEDGE. (Some members of the legal team in this lawsuit are LEDGE members.)

立候補年齢を引き下げるためのプロジェクト ウェブサイト|Project for Lowering the Age of Candidacy Website

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