出口 雅久 立命館大学, 法学部, 助教授 (70237022)
吉村 良一 立命館大学, 法学部, 教授 (40131312)
二宮 周平 立命館大学, 法学部, 教授 (40131726)
吉田 美喜夫 立命館大学, 法学部, 教授 (70148386)
佐上 善和 立命館大学, 法学部, 教授 (50081162)
NINOMIYA Syuhei Ritsumeikan University, Professor
YOSHIMURA Ryoichi Ritsumeikan University, Professor
SAGAMI Yoshikazu Ritsumeikan University, Professor
YOSHIDA Mikio Ritsumeikan University, Professor
|Budget Amount *help
¥1,600,000 (Direct Cost : ¥1,600,000)
Fiscal Year 1994 : ¥300,000 (Direct Cost : ¥300,000)
Fiscal Year 1993 : ¥500,000 (Direct Cost : ¥500,000)
Fiscal Year 1992 : ¥800,000 (Direct Cost : ¥800,000)
In 1992, we worked to clarify the connections between German laws and Japanese laws concerning foreign workers' problems. In 1993, we invited three scholars fromkoeln, and we worked together at Ritsumeikan University. In 1994, based on the achievements from the previous years, we were engaged in a comparative study of Japanese and German laws in such fields as Public Law, Civil Law, Family Law, Labor Law and Social Law ; and we wrote a report of our achievements.
The achievements are summarized below.
(1) The problem about foreign workers'legal status in Public Law schould be approached not only from the viewpoint of labor policy, but from either that of the internationalization of human rights or that of the security of foreigners'human rights. Whether their stay is legitimate or illegitimate, towards the protection of foreign people's rights our government's policy is negative and exclusive. In order to solve the problems resulting from those, a fundamental recon-sideration schould be
necessary towards policies and administration regarding foreigners, which are completely left to the theory of "state sovereignty" and administrative discretion.
(2) Under the circumstances where internationalization is progress, for the security of foreign workers'human rights and their life, a necessary consideration schould be given to the present system which adhers to pedigree upon acquiring Japanese nationality and prohibits dual nationality. Under the situation in which the number of female foreign workers is increasing, they sometimes get married to Japanese males, and have children. When such a child is not acknowledged, it cannot acquire Japanese nationality. As a result, both the mother and the child are forced leave the country and severed from the father. For the solution of sich problem, the Nationality Law schould be altered, and acquiring nationality by acknowledgment schould be made possible.
(3) In a society or a market which is open to foreign people, self-responsibility for any activity can not denied, while, on the legal level, protection and consider-ation necessary are being given in certain cases. As the premise to this princi-ple, however, equal rights schould be guaranteed to the foreign people as well. In this respect, ther are serious problems unsolved in the present Japanese laws. A typical example can be seen in the case of illegal workers. Before we can talk about any respective protection in Labor Law, we need to adress the violation of righys witnessed on the level of general human rights. For the solution of this problem, we now need some political judgments which will bridge the gap between "illusion and reality" : that we do not admit any manual labor to foreign workers ; and that we close our eyes to the fact that in actuality there are many of them working in Japan. Less