We will study the social rights that emerged in the twentieth century and the political rights and rights of claim that protect human rights.
Basic Knowledge
Social rights, also called “freedom through the state,” are rights that allow people to demand that the state provide a humanely decent life.
① Right to maintain a wholesome and cultured standard of living (Article 25): “the right to maintain the minimum standards of wholesome and cultured living.” It is the basis of the Public Assistance Act.
② Right to receive an education (Article 26): compulsory education is free.
③ Right to work (Article 27): the right to work and the legal establishment of working conditions.
④ Fundamental labor rights (Article 28): the three labor rights of the right to organize, right to bargain collectively, and right to act collectively (right to strike).
Political rights include the right to vote (Article 15), eligibility for election, and the right to vote in national referendums. Rights of claim include the right to a trial (Article 32), the right to claim state compensation (Article 17), and the right to claim criminal compensation (Article 40).
Article 25 (right to maintain a wholesome and cultured standard of living)
Article 26 (right to receive an education and free compulsory education)
Article 27 (right and duty to work)
Article 28 (three labor rights = right to organize, right to bargain collectively, and right to act collectively)
Article 15 (right to select and dismiss public officials and universal suffrage)
Article 32 (right to a trial)
Further Study (Background and Significance)
Social rights arose from the need for the state to actively support people’s lives against the backdrop of the gap between rich and poor caused by the development of capitalism. The Weimar Constitution of 1919 was the first constitution in the world to include provisions on social rights, and the Constitution of Japan inherited this idea.
Regarding the right in Article 25, there has been debate between the program provisions theory (the view that it represents a goal for the state’s efforts) and the legal rights theory. The Supreme Court adopted the former position in the Asahi Lawsuit and Horiki Lawsuit. Among the three labor rights, the right to act collectively (the right to strike) is restricted for public employees.
- Social rights = freedom through the state (positive rights)
- Right under Article 25 = wholesome and cultured minimum standards of living
- Right to receive an education under Article 26 = compulsory education is free
- Three labor rights under Article 28 = organize, bargain collectively, and act collectively
- Political rights = right to vote, eligibility for election, and right to vote in national referendums
- Rights of claim = right to a trial and right to claim state compensation
- Asahi Lawsuit and Horiki Lawsuit = cases concerning the right to maintain a wholesome and cultured standard of living
Points to Note (Easily Confused)
① Civil liberties mean “freedom from the state” (negative rights), while social rights mean “freedom through the state” (positive rights). ② The three labor rights are the right to organize, the right to bargain collectively, and the right to act collectively. They differ from the three labor laws (the Labor Standards Act, Labor Union Act, and Labor Relations Adjustment Act). ③ The right to vote (Article 15) and the right to a trial (Article 32) belong to different categories. ④ The right to maintain a wholesome and cultured standard of living is in Article 25, while education is in Article 26.
Practice
- Which article of the Constitution establishes the right to maintain a wholesome and cultured standard of living? Write the wording of the article as well.
- Name all three fundamental labor rights.
- Which constitution was the first in the world to guarantee social rights?