Rights and Duties of the People |
Rights and Duties of the People |
CHAPTER III: RIGHTS AND DUTIES OF THE PEOPLE
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| Article 10: |
| The conditions necessary for being a Japanese national shall be
determined by law.
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| Article 11:
The people shall not be prevented from enjoying any of the fundamental
human rights. These fundamental human rights guaranteed to the people
by this Constitution shall be conferred upon the people of this and
future generations as eternal and inviolate rights.
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| Article 12: |
| The freedoms and rights guaranteed to the people by this Constitution
shall be maintained by the constant endeavor of the people, who shall
refrain from any abuse of these freedoms and rights and shall always
be responsible for utilizing them for the public welfare.
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| Article 13: |
| All of the people shall be respected as individuals. Their right to
life, liberty, and the pursuit of happiness shall, to the extent that
it does not interfere with the public welfare, be the supreme
consideration in legislation and in other governmental affairs.
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| Article 14: |
| All of the people are equal under the law and there shall be no
discrimination in political, economic or social relations because of
race, creed, sex, social status or family origin. 2) Peers and peerage
shall not be recognized. 3) No privilege shall accompany any award of
honor, decoration or any distinction, nor shall any such award be
valid beyond the lifetime of the individual who now holds or hereafter
may receive it.
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| Article 15: |
| The people have the inalienable right to choose their public officials
and to dismiss them. 2) All public officials are servants of the whole
community and not of any group thereof. 3) Universal adult suffrage is
guaranteed with regard to the election of public officials. 4) In all
elections, secrecy of the ballot shall not be violated. A voter shall
not be answerable, publicly or privately, for the choice he has made.
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| Article 16: |
| Every person shall have the right of peaceful petition for the redress
of damage, for the removal of public officials, for the enactment,
repeal or amendment of laws, ordinances or regulations and for other
matters; nor shall any person be in any way discriminated against for
sponsoring such a petition.
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| Article 17: |
| Every person may sue for redress as provided by law from the State or
a public entity, in case he has suffered damage through illegal act of
any public official.
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| Article 18: |
| No person shall be held in bondage of any kind. Involuntary
servitude, except as punishment for crime, is prohibited.
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| Article 19: |
| Freedom of thought and conscience shall not be violated.
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| Article 20: |
| Freedom of religion is guaranteed to all. No religious organization
shall receive any privileges from the State, nor exercise any
political authority. 2) No person shall be compelled to take part in
any religious acts, celebration, rite or practice. 3) The State and
its organs shall refrain from religious education or any other
religious activity.
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| Article 21: |
| Freedom of assembly and association as well as speech, press and all
other forms of expression are guaranteed. 2) No censorship shall be
maintained, nor shall the secrecy of any means of communication be
violated.
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| Article 22: |
| Every person shall have freedom to choose and change his residence and
to choose his occupation to the extent that it does not interfere with
the public welfare. 2) Freedom of all persons to move to a foreign
country and to divest themselves of their nationality shall be
inviolate.
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| Article 23: |
| Academic freedom is guaranteed.
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| Article 24: |
| Marriage shall be based only on the mutual consent of both sexes and
it shall be maintained through mutual cooperation with the equal
rights of husband and wife as a basis. 2) With regard to choice of
spouse, property rights, inheritance, choice of domicile, divorce and
other matters pertaining to marriage and the family, laws shall be
enacted from the standpoint of individual dignity and the essential
equality of the sexes.
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| Article 25: |
| All people shall have the right to maintain the minimum standards of
wholesome and cultured living. 2) In all spheres of life, the State
shall use its endeavors for the promotion and extension of social
welfare and security, and of public health.
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| Article 26: |
| All people shall have the right to receive an equal education
correspondent to their ability, as provided for by law. 2) All people
shall be obligated to have all boys and girls under their protection
receive ordinary education as provided for by law. Such compulsory
education shall be free.
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| Article 27: |
| All people shall have the right and the obligation to work. 2)
Standards for wages, hours, rest and other working conditions shall be
fixed by law. 3) Children shall not be exploited.
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| Article 28: |
| The right of workers to organize and to bargain and act collectively
is guaranteed.
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| Article 29: |
| The right to own or to hold property is inviolable. 2) Property rights
shall be defined by law, in conformity with the public welfare. 3)
Private property may be taken for public use upon just compensation
therefor.
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| Article 30: |
| The people shall be liable to taxation as provided for by law.
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| Article 31: |
| No person shall be deprived of life or liberty, nor shall any other
criminal penalty be imposed, except according to procedure established
by law.
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| Article 32: |
| No person shall be denied the right of access to the courts.
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| Article 33: |
| No person shall be apprehended except upon warrant issued by a
competent judicial officer which specifies the offense with which the
person is charged, unless he is apprehended, the offense being
committed.
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| Article 34: |
| No person shall be arrested or detained without being at once informed
of the charges against him or without the immediate privilege of
counsel; nor shall he be detained without adequate cause; and upon
demand of any person such cause must be immediately shown in open
court in his presence and the presence of his counsel.
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| Article 35: |
| The right of all persons to be secure in their homes, papers and
effects against entries, searches and seizures shall not be impaired
except upon warrant issued for adequate cause and particularly
describing the place to be searched and things to be seized, or except
as provided by Article 33. 2) Each search or seizure shall be made
upon separate warrant issued by a competent judicial officer.
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| Article 36: |
| The infliction of torture by any public officer and cruel punishments
are absolutely forbidden.
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| Article 37: |
| In all criminal cases the accused shall enjoy the right to a speedy
and public trial by an impartial tribunal. 2) He shall be permitted
full opportunity to examine all witnesses, and he shall have the right
of compulsory process for obtaining witnesses on his behalf at public
expense. 3) At all times the accused shall have the assistance of
competent counsel who shall, if the accused is unable to secure the
same by his own efforts, be assigned to his use by the State.
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| Article 38: |
| No person shall be compelled to testify against himself. 2) Confession
made under compulsion, torture or threat, or after prolonged arrest or
detention shall not be admitted in evidence. 3) No person shall be
convicted or punished in cases where the only proof against him is his
own confession.
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| Article 39: |
| No person shall be held criminally liable for an act which was lawful
at the time it was committed, or of which he had been acquitted, nor
shall he be placed in double jeopardy.
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| Article 40: |
| Any person may, in case he is acquitted after he has been arrested or
detained, sue the State for redress as provided for by law.
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Constitution of Japan |
| Preface |
| Emperor |
| Renunciation of War |
| Rights and Duties of the People |
| Diet |
| Cabinet |
| Judiciary |
| Finance |
| Local Self Government |
| Amendments |
| Supreme Law |
| Supplementary Provisions
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