CHAPTER III. RIGHTS AND DUTIES OF THE PEOPLE

Article 10. The conditions necessary for being a Japanese

national shall be determined by law.

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.

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.

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.

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.

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.

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 law,

ordinances or regulations and for other matters, nor shall any

person be in any way discriminated against sponsoring such a

petition.

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.

Article 18. No person shall be held in bondage of any kind.

Involuntary servitude, except as punishment for crime, is

prohibited.

Article 19. Freedom of thought and conscience shall not be

violated.

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.

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.

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.

Article 23. Academic freedom is guaranteed.

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.

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.

Article 26. All people shall have the right to receive an

equal education correspondent to their ability, as provided by

law.

(2) All people shall be obligated to have all boys and girls

under their protection receive ordinary educations as provided

for by law. Such compulsory education shall be free.

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.

Article 28. The right of workers to organize and to bargain

and act collectively is guaranteed.

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.

Article 30. The people shall be liable to taxations as

provided by law.

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.

Article 32. No person shall be denied the right of access to

the courts.

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.

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.

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.

Article 36. The infliction of torture by any public officer

and cruel punishments are absolutely forbidden.

Article 39. 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.

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.

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

has been acquitted, nor shall he be placed in double jeopardy.

Article 40. Any person, in case he is acquitted after he has

been arrested or detained, may sue the State for redress as

provided by law.

The Constitution of Japan, 1946 · 第 3 / 6 章