3 - The Right to Freedom of Thought in Japan

Summary

Article 19 of the Constitution of Japan, which states, “Freedom of thought and conscience shall not be violated,” guarantees freedom of thought, a historically significant right due to its absence in the previous 1889 Imperial Constitution and subsequent suppression of ideologies like communism and anti-imperialism. Post-Second World War reforms led to its explicit inclusion in the 1946 Constitution. Although there are not many lawsuits regarding whether government acts or statutes violate this right is into question, the Japanese Supreme Court (SCJ) has said something about the right. The SCJ has ruled that it primarily protects a person’s world vision or life view but does not cover all mental activities. The SCJ has identified both direct (e.g., compulsion to hold or confess specific thoughts) and indirect restrictions (e.g., a compulsion to school teachers to stand up and sing the national anthem at school ceremonies such as entrance and graduation), with some restrictions deemed constitutional if justified. In this sense, Freedom of thought is not absolute in Japan. The SCJ also addresses the balance of interests in private relations, acknowledging the indirect effect of constitutional rights.