CHAPTER 3. 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.
Peers and peerage shall not be recognized.
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.
All public officials are servants of the whole community and not of any
group thereof.
Universal adult suffrage is guaranteed with regard to the election of public
officials.
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 laws, ordinances or regulations and for other matters;
nor shall any person be in any way discriminated against for 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.
No person shall be compelled to take part in any religious act, celebration,
rite or practice.
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.
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.
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.
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.
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.
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.
Article 27. All people shall have the right and the obligation to work.
Standards for wages, hours, rest and other working conditions shall be
fixed by law.
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.
Property rights shall be defined by law, in conformity with the public
welfare.
Private property may be taken for public use upon just compensation
therefor.
Article 30. The people shall be liable to taxation 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.
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 37. In all criminal cases the accused shall enjoy the right
to a speedy and public trial by an impartial tribunal.
He shall be permitted full opportunity to examined all witnesses, and he
shall have the right of compulsory process for obtaining witnesses on
his behalf at public expense.
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.
Confession made under compulsion, torture or threat, or after prolonged
arrest or detention shall not be admitted in evidence.
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.
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CHAPTER 4. THE DIET
Article 41. The Diet shall be the highest organ of state power, and shall
be the sole law-making organ of the State.
CHAPTER 5. THE CABINET
Article 65. Executive power shall be vested in the Cabinet.
CHAPTER 6. JUDICIARY
Article 76. The whole judicial power is vested in a Supreme Court and in
such inferior courts as are established by law.
No extraordinary tribunal shall be established, nor shall any organ or
agency of the Executive be given final judicial power.
All judges shall be independent in the exercise of their conscience and
shall be bound only by this Constitution and the laws.
CHAPTER 7. FINANCE
Article 83. The power to administer national finances shall be exercised
as the Diet shall determine.
CHAPTER 8. LOCAL SELF-GOVERNMENT
Article 92. Regulations concerning organization and operations of local
public entities shall be fixed by law in accordance with the principle of
local autonomy.