2013 Fiscal Year Final Research Report
A comparative study between Japan and France,on right to family formation and right to life, to enable the legal protection of "diversity of family model".
| Project/Area Number |
22530039
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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 | Hosei University |
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Principal Investigator |
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| Project Period (FY) |
2010-04-01 – 2014-03-31
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| Keywords | 家族生活を尊重される権利 / フランス憲法院 / ヨーロッパ人権裁判所 / 人格権 / 中絶 / 生殖補助医療 / 人権条約の国内適用 / 家族の多様性 |
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| Research Abstract |
A study was conducted in Japan and France to investigate the legal protections, in terms of protection of a right to family formation and the right of life, of diversified families whose concept differs from that of the traditional family.
In France, discriminatory inheritance by illegitimate children was abolished and protection of the right of adoption of children by homosexual individuals was achieved as a result of the right to respect for private and family life under Article 8 of the European Convention on Human Rights. In Japan, too, the Supreme Court decision concerning discriminatory inheritance by illegitimate children of September 4, 2013 suggests that the effects of foreign laws and international conventions on human rights are positioned to change the the supports legislative facts.The study revealed that external safeguards based on human rights conventions can potentially change the traditional view of the family, which is based on the domestic democratic majority.
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