2002 Fiscal Year Final Research Report Summary
A study of the comparative constitution law on the human rights of homeless people and autonomy support for homeless people
| Project/Area Number |
12620022
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | Shizuoka University |
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Principal Investigator |
SASANUMA Hiroshi Shizuoka University, Education, associate professor, 教育学部, 助教授 (70283322)
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| Project Period (FY) |
2000 – 2002
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| Keywords | homeless people / human rights / Japanese Constitution / Daily Assistance Law / Comparative Constitution Study / housing / social exclusion / Homeless Autonomy Support Law |
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| Research Abstract |
The subject of this research is to explore the better way of support autonomy of the homeless people and the human rights of the homeless people through a study of the comparative constitution law
The heart of the homeless problem is the social exclusion. In Japan, after the collapse of the "bubble economy", the number of homeless people increased. But the Japanese government and local, authority not only had not try to take effective measures to cope with the homeless problem, but had tried to exclude the homeless people from the road. The Japanese constitution guarantees right to existence to all the people. And the Daily assistance law establishes the principle of the indiscriminate equality of daily assistance. But welfare offices did not give daily assistance to the homeless people, because the homeless people have no home to live. The famous case. of Hayashi, who was a day laborer in Nagoya city, was the first case whether the homeless people who can work have right to daily assistance. In 1996 the Nagoya District Court decided that even homeless people have right to daily assistance, then the Nagoya High Court and Supreme Court did not deny this obvious principle
The autonomy support law for Homeless people enacted in 2402 provides that the government and local authorities have to secure stable housing and safe jobs. But the government and local authorities are negative toward the execution of the support plan
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