As society changes, some rights have increasingly come to be recognized as new human rights, although they are not expressly stated in the Constitution. Human rights are also subject to restrictions for the sake of the public welfare.
Basic Knowledge
New human rights have mainly been asserted on the basis of the right to pursue happiness in Article 13 of the Constitution.
① Environmental rights: the right to live in a good environment. Examples include the Osaka Airport Noise Lawsuit.
② Right to privacy: the right not to have one’s private life made public without justification. It was established through the “After the Banquet” case.
③ Right to know: the right to request disclosure of information. It is the basis of the Information Disclosure Act.
④ Right to self-determination: the right of individuals to decide how they live. Examples include informed consent and expressing one’s wishes about organ donation.
These rights are gradually being defined through court precedents and laws.
Environmental rights (the right to live in a good environment; pollution lawsuits provided the impetus)
Right to privacy (the right not to have one’s private life made public; the right to control personal information)
Right to know (the right to receive information and request disclosure of information from the government)
Right to self-determination (the right to decide one’s way of life and medical treatment oneself)
Information Disclosure Act (enacted in 1999; allows requests for disclosure of administrative documents)
Public welfare (the principle for coordinating human rights with one another; Articles 12 and 13 of the Constitution)
Further Study (Background and Significance)
Pollution became serious during the period of rapid economic growth in the 1960s and 1970s, and environmental rights were asserted. With the development of an information-oriented society, the Act on the Protection of Personal Information (2003) was established, and privacy rights as the right to control personal information have been emphasized.
The public welfare is a principle for adjusting conflicts between human rights. For example, human rights may be restricted for the benefit of society as a whole in conflicts between freedom of expression and the right to privacy or between property rights and city planning. However, the essential nature of human rights must not be violated, and restrictions should be limited to the minimum necessary extent.
- Basis of new human rights = Article 13 of the Constitution (right to pursue happiness)
- Environmental rights, right to privacy, right to know, and right to self-determination
- “After the Banquet” case = court precedent establishing the right to privacy
- Information Disclosure Act in 1999; Act on the Protection of Personal Information in 2003
- Public welfare = principle for coordinating human rights with one another
- Three major duties of citizens = work, pay taxes, and ensure that children receive an education
- Informed consent = self-determination in medical care
Points to Note (Easily Confused)
① New human rights have no express provision in the Constitution and are based on Article 13. They are a different concept from traditional human rights. ② Do not confuse the right to know (requesting information disclosure) with freedom of expression (communicating information). ③ The public welfare is a principle for restricting human rights, but it is not unlimited. ④ The three major duties of citizens are the duty to work, pay taxes, and ensure that children receive an education. “Military service” is not included.
Practice
- Which article of the Constitution is the main basis for new human rights?
- What famous court case established the right to privacy?
- Name all three major duties of citizens.