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法の下の平等
日本国民は皆、教育を受ける権利があるはずだ。
だが、納税の義務を果たしている外国人は
「国民」には含まれないのだろうか?
Educating our children
You don't have to be Japanese to get a basic education in Japan. But it sure helps. Compared to their Japanese counterparts, a disproportionately large number of non-Japanese children are not finding their way to the schoolhouse. And the problem has been getting worse these past few years, a matter that has been noted in the Diet a number of times this year, most recently in a March 12 session of the Upper House Research Commission on the Constitution.
On that occasion, Tsurunen Marutei of the Democratic Party pointed out that of the 30,000 Brazilian children estimated to be living in Japan, about 10,000 - one out of three - are not going to school. That's a fact that doesn't sit well with Japanese law. Article 26 of the Constitution says that all children have the right to receive an equal education, and that all legal guardians must see to it that the children in their custody get that education.
Or does it? Tsurunen says that the passage doesn't apply to foreigners. "The Constitution says that all kokumin have to send their kids to school," he said. "It is referring only to Japanese nationals and thus does not make the same demands on foreign parents." In order to rectify the problem the wording should change, the Parliamentarian said. "How about nanbito (all people)?" he asked.
I checked with two reputable dictionaries that are sitting on my desk. Both say the term means "a citizen," "a subject" or "a national." So it would seem that Article 26 is only concerned with Japanese people. Not necessarily. In fact, kokumin , as it appears in the Constitution, can include foreigners. Take Article 30, for example. Here, the Constitution says that kokumin must pay taxes. Foreigners are by no means exempt from that obligation. Thus, kokumin applies to them as well, not just to Japanese nationals. And kokumin are guaranteed equality under the law in Article 14. Some key court decisions have shown that this guarantee also applies - with some reservations - to foreigners living in Japan. Likewise, it may be argued that Article 26 extends the right to education to foreign children and the corresponding parental duties to foreigners who have custody of those children.
Still, Tsurunen has a point. Kokumin does sometimes include foreigners, but this is something that is known by few - constitutional scholars and legal experts, for the most part. But in the real world, the world in which education board members, local civil servants and foreign residents live, kokumin means what common sense and the dictionary says it means: a Japanese national, plain and simple.
It is in the real world that large numbers of non-Japanese children are now going through their formative years without proper schooling. Those children, like children anywhere, need good access to education. And they are entitled to it in Japan. That fact would be much better understood by all sides if the Constitution clearly stated that "all children" are required to be in school. Such a revision is not a simple matter, but it is one that deserves to be considered.
Shukan ST: May 9, 2003
(C) All rights reserved
- it sure helps
- 日本人であれば確かに有利だ
- Compared to their Japanese counterparts
- 日本人の子供に比べて
- disproportionately
- 不釣り合いに
- are not finding their way to the schoolhouse
- 就学していない
- has been noted in the Diet
- 国会で指摘されてきた
- Upper House Research Commission on the Constitution
- 参院憲法調査会
- On that occasion
- そのとき
- Tsurunen Marutei of the Democratic Party
- 民主党の弦念丸呈議員
- of the 30,000 Brazilian children estimated to be living in Japan
- 日本に住む推定3万人のブラジル人の子供のうち
- one out of three
- 3人のうちの1人
- doesn't sit well with 〜
- 〜に照らし合わせるとおかしい
- Article 26 of the Constitution
- 憲法第26 条
- legal guardians
- 法定後見人
- must see to it that 〜
- 責任を持って〜であるようにしなくてはならない
- custody
- 保護
- Or does it
- いや、おかしくないのだろうか
- passage
- 一節
- is referring only to 〜
- 〜のことだけを言っている
- does not make the same demands on 〜
- 〜に同じことを求めてはいない
- rectify
- 修正する
- wording
- 文言
- Parliamentarian
- 国会議員(弦念議員)
- reputable
- 評価の高い
- subject
- 臣民
- is only concerned with 〜
- 〜だけにかかわることだ
- Not necessarily
- 必ずしもそうではない
- 〜, as it appears in the Constitutiony
- 法律に出てくる〜は
- are by no means exempt from 〜
- 決して〜を免除されてはいない
- obligation
- 義務
- are guaranteed equality under the law
- 法の下での平等を保証されている
- Some key court decisions
- いくつかの重要な判例
- with some reservations
- 若干条件は付くが
- be argued that 〜
- 〜という議論も成り立つ
- corresponding parental duties
- それに対応する親の義務
- has a point
- 一理ある
- constitutional scholars
- 憲法学者
- legal experts
- 法律の専門家
- education board
- 教育委員会
- civil servants
- 公務員
- common sense
- 常識
- formative years
- 発育期
- good access to education
- 教育を受けるための十分な機会
- are entitled to it
- それを与えられる権利がある
- revision
- 修正