2003 Fiscal Year Final Research Report Summary
Women's human rights and family-related clause
| Project/Area Number |
13620029
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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 | Hiroshima Prefectural Women's university |
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Principal Investigator |
WAKAO Noriko Hiroshima Prefectural Women's University, Faculty of Human Life and Environmental Science, Professor, 生活科学部, 教授 (70301439)
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| Project Period (FY) |
2001 – 2003
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| Keywords | women's human rights / public / private sphere / Article 24 of the Japanese Constitution / equality of the sexes / family protection clause / violence against women / Weimar Cosntitution / individual dignity |
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| Research Abstract |
This study aims to analyse "women's human rights" in the constitutional history and from this point of view to examine the Article 24 of the Japanese Constitution. The women's movement and the human rights movement propose "women's human rights" since 1990's. And it has come to be stipulated in international documents and domestic administrative papers. But, in the constitutional study, the position of "women's human rights" remains unclear. Therefore this study analyses "women's human rights" as a constitutional issue of a contradiction between "equality of the sexes" and "family-related clause". 'Women's human rights" demands to emancipate women from violence which leis behind the modern type of family.
This study made clear following three points. First, in the constitutional history, "equality of the sexes" has contradicted to the family protection clause. The Weimar Constitution adopts both clause regarding the women's suffrage and the family protection. In the background of above two clauses, there existed rivalry between the demand for equality of the sexes in the public sphere and that for women's subordination in the private sphere (in other words the family sphere). It points out by the Weimar Constitution that confrontation between women's rights and family protection is an important constitutional issue.
Second, Article 24 is characteristic in settling above confrontation by rejecting family protection. In the process of enactment of laws such as Article 24 and family law, family protection was denied from a point of view to overcome the "rule by men". Third, on the contrary, constitutional theories and precedents interpreted "individual dignity" from a viewpoint of male citizen and gradually shifted towards protection and security of a modern type of family. Article 24 is a family-related clause which denies to enforce the modern type of family.
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