Emperor Akihito indicated last month that he may soon wish to step down, and allow his son, Crown Prince Naruhito, to assume the throne. His intention unveiled in a televised video message raises legal complexities, but also makes obvious sense: The Emperor plays an important symbolic and constitutional role in the life of the Japanese nation. But the Emperor also plays an active ceremonial role, which at 82, he is finding increasingly difficult to fulfill.

The son is keen to assume these duties, and is widely admired among Japanese citizens for his public role. The case therefore seems clear-cut for the Diet making the necessary changes to the Imperial House Law to allow a transition in Imperial authority. The more thorny question is whether anything should be done, at the same time, about the transition from the son to the next generation of the Imperial family. Japanese law currently only allows for a male emperor, and this means that when the current Crown Prince vacates the throne, either his brother Prince Akishino or nephew Prince Hisahito (now age 10) will become emperor. In doing so, they will also bypass three potential female heirs to the throne: the Crown Prince's daughter, Princess Aiko (15), and nieces Princesses Mako and Kako (25 and 22).

From a gender equality perspective, this raises obvious difficulties: Article 24 of the Constitution provides that "with regard to ... inheritance ... laws shall be enacted from the standpoint of individual dignity and the essential equality of the sexes." While no ordinary inheritance, accession to the throne is also both an opportunity and responsibility of huge symbolic significance in Japan.