Simone Lawson
Japan's constitution guarantees its citizens a range of freedoms and rights, including freedom of speech, religion, thought, assembly, and association. The constitution also ensures equality before the law and prohibits discrimination against Japanese citizens based on political, economic, or social background. Japanese citizens have the right to travel freely within the country and abroad, to change their place of residence, and to emigrate or repatriate voluntarily. The constitution also grants citizens the right to privacy, self-determination, and control of their image. Japan's internet access is rated as free, with no government restrictions or interference with access to internet publications.
| Characteristics | Values |
|---|---|
| Freedom of speech | Guaranteed |
| Freedom of assembly | Guaranteed |
| Freedom of association | Guaranteed |
| Freedom of religion | Guaranteed |
| Freedom of inner thought and conscience | Absolute |
| Freedom of movement | Guaranteed |
| Freedom of the press | Implicit in freedom of speech |
| Freedom of expression | Implicit in freedom of speech |
| Freedom from government interference in privacy, family, home, or correspondence | Guaranteed |
| Right to life | Guaranteed |
| Right to liberty | Guaranteed |
| Right to the pursuit of happiness | Guaranteed |
| Right to legal equality | Guaranteed |
| Right to due process | Guaranteed |
| Right to a fair trial | Guaranteed |
| Right to property | Implicit in the right to liberty |
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What You'll Learn
Freedom of religion
The Constitution of Japan, also known as the "MacArthur Constitution", "Post-war Constitution", or "Peace Constitution", guarantees individual rights, including freedom of religion. This freedom was also outlined in the Potsdam Declaration, which stated that "freedom of speech, of religion, and of thought, as well as respect for the fundamental human rights shall be established".
The Japanese government respects the right to freedom of religion in practice and seeks to protect this right at all levels, not tolerating its abuse by governmental or private actors. The Constitution also provides for a parliamentary system and three branches of government, with the National Diet (legislative), Cabinet led by a Prime Minister (executive), and Supreme Court (judicial) as the highest bodies of power.
Japan's postwar legal changes ended the Japanese imperial regime's use of discourses of "not religion" (hishūkyō) to protect the religious privileges of state-backed Shinto movements. As of December 2022, 180,544 religious groups were certified by the government as religious organizations with corporate status, according to the Agency for Cultural Affairs. The government does not require religious groups to register or apply for certification; however, certified religious organizations receive tax benefits.
Japanese law states that government schools cannot give religious instructions, while private schools are permitted to teach specific religions. The country has a diverse religious landscape, with a significant number of people identifying as Shinto, Buddhist, Christian, or followers of other religions, including Tenrikyo, Seicho-no-Ie, the Church of World Messianity, and PL Kyodan.
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Freedom of movement
The Japanese Constitution, also known as the "MacArthur Constitution", "Post-war Constitution", or "Peace Constitution", guarantees several freedoms and rights. These include freedom of speech, assembly, association, and movement.
Article 97 of the Constitution states that the fundamental human rights guaranteed to the people of Japan are the fruits of the age-old struggle of man to be free. These rights are conferred upon this and future generations in trust, to be held for all time as inviolate.
The Constitution provides for the freedom of movement within the country, foreign travel, immigration, and repatriation. Citizens have the right to travel freely within the country and abroad, to change their place of residence, to emigrate, and to repatriate voluntarily. The Japanese government generally respects these rights in practice.
Citizenship may be forfeited by naturalization in a foreign country or by failure of persons born with dual nationality to elect citizenship at the required age. The law does not permit forced exile, and it is not used.
The Constitution also provides for the granting of refugee status or asylum to persons in accordance with the 1951 U.N. Convention Relating to the Status of Refugees or its 1967 Protocol. In practice, the government protects against refoulement, or the return of persons to a country where they fear persecution, but does not routinely grant refugee or asylum status.
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Freedom of assembly
The Japanese Constitution, also known as the "MacArthur Constitution", "Post-war Constitution" or "Peace Constitution", guarantees individual rights, including freedom of assembly, association, and speech. Article 21 of the 1946 Constitution explicitly guarantees freedom of assembly, without qualification, and forbids censorship.
The right to freedom of assembly is further supported by Article 10 of the Constitution, which states that the people of Japan shall not be prevented from enjoying any of their fundamental human rights. These rights are guaranteed to the people of Japan and future generations as eternal and inviolate rights. Article 12 further emphasises that the freedoms and rights guaranteed under the Constitution are to be maintained and upheld by the people, who should refrain from any abuse of these freedoms.
Japan is also a State Party to the 1966 International Covenant on Civil and Political Rights (ICCPR). Article 21 of the ICCPR governs the right of peaceful assembly, providing that this right shall be recognised and not restricted unless in accordance with the law and necessary for a democratic society.
Peaceful demonstrations occur frequently in Japan. For example, in 2018, protests were held regarding scandals in the Abe administration, the proposed relocation of a US base, and a new immigration bill.
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Freedom of speech
The Constitution of Japan, also known as the "MacArthur Constitution", "Post-war Constitution" or "Peace Constitution", was enacted in 1946 and guarantees individual rights, including freedom of speech, assembly, association, and freedom of the press. The constitution broadly protects free expression, and the government respects this right in practice. Japan's internet access is also considered "free", with no government restrictions on access or reports of the government checking emails or internet chat rooms without appropriate legal authority.
The Meiji Constitution, which preceded the current constitution, included a section devoted to the "rights and duties of subjects" which guaranteed "liberty of speech, writing, publication, public meetings, and associations". However, these rights were granted "within the limits of law" and could be limited by legislation.
The Potsdam Declaration, issued by the Allied leaders of the United States, the United Kingdom, and the Republic of China, demanded Japan's unconditional surrender, demilitarisation, and democratisation at the end of World War II. The declaration included a commitment to "freedom of speech, of religion, and of thought, as well as respect for the fundamental human rights" in Japan.
The current Japanese constitution provides for the freedom of religion, movement within the country, foreign travel, immigration, and repatriation, and the government generally respects these rights in practice. However, Japan's system of exclusive press clubs has been criticised by press freedom groups for providing major media outlets with exclusive access to news sources while barring foreign and freelance reporters.
The Human Rights Scores Dataverse ranked Japan in the middle among G7 countries for its human rights performance, below Germany and Canada but above the United Kingdom, France, Italy, and the United States.
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Freedom of inner thought
The Constitution of Japan guarantees its citizens the freedom of inner thought and conscience. Article 19 of the Constitution states, "Freedom of thought and conscience shall not be violated." This was a significant addition to the 1946 Constitution, as the previous 1889 Imperial Constitution did not include this right, and ideologies such as communism and anti-imperialism were suppressed.
The inclusion of this freedom in the Constitution ensures that Japanese citizens can hold their own beliefs and opinions without interference from the state or other entities. This right is considered absolute, and no restrictions are permitted, as per Article 19. This means that individuals cannot be compelled to hold or confess specific thoughts or beliefs, and their inner thoughts are protected.
The Japanese Supreme Court (SCJ) has ruled that this right primarily safeguards an individual's world vision or life view, but it does not cover all mental activities. The SCJ has also acknowledged that freedom of thought is not absolute and that there may be indirect effects on this right through constitutional rights.
The Constitution further stipulates in Articles 11 and 12 that Japanese citizens shall not be prevented from enjoying fundamental human rights, including freedom of thought, and that these rights are to be maintained and respected by the citizens themselves, who should refrain from abusing them.
The inclusion of freedom of inner thought in Japan's Constitution is a reflection of the country's commitment to upholding fundamental human rights, as outlined in the Potsdam Declaration, which called for the "revival and strengthening of democratic tendencies among the Japanese people" and respect for fundamental human rights after World War II.
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Frequently asked questions
The Japanese constitution provides for the freedom of assembly, association, movement, and speech. It also protects free expression and prohibits arbitrary interference with privacy, family, home, or correspondence.
Yes, freedom of religion is guaranteed to all. No religious organisation shall receive any privileges from the state, nor exercise any political authority. No person shall be compelled to take part in any religious act, celebration, rite, or practice.
The freedom of inner thought and conscience (Article 19 of the Constitution) are interpreted as absolute rights with no restrictions.
The Japanese constitution guarantees individual rights, including legal equality, due process, and fair trial.
