A research group led by Assistant Professor Hajime Akiyama of the University of Tsukuba examined "Are there any constitutional restrictions or requests for requests / instructions for taking leave or shortening business hours as a countermeasure against new coronavirus diseases and for refraining from going out?"
Since March 2020, in Japan, as a measure against new coronavirus infections, requests and instructions for leave of absence and shortening of business hours, requests for refraining from going out have been made based on the Law on Special Measures for New Influenza, etc., and penalties will be imposed in February 3. Introduced.These measures have aspects that limit individual freedom, such as the freedom of business and freedom of movement guaranteed by the Constitution of Japan, but whether it is permitted by the Constitution has not been fully examined.
In this study, we first divide the constitutional concept into "a concept that guarantees individual freedom" and "a concept that can limit individual freedom".Freedom of business and freedom of movement belongs to the former and is mainly guaranteed by freedom of residence, relocation and choice of occupation (Article 22 of the Constitution) and property rights (Article 29 of the Constitution).On the other hand, the latter includes the right to life (Article 13), the right to life / public health (Article 25), and the public welfare (Article 13).Since the maintenance of public health is included in the public welfare according to various theories and judicial precedents, it is considered that the Constitution allows restrictions on freedom of business and freedom of movement.He also concludes that the government is responsible for reducing the risk to life caused by the new coronavirus infection, considering the right to life, which was previously considered part of the right to self-determination, as an independent right. rice field.
In the future, we will analyze the impact of the introduction of penalties in February 2021 and examine the relationship between the post-corona era national and social views and the Constitution, and while having an interdisciplinary perspective as well as the Constitution, the new model The company plans to consider the impact of corona infection on society and scholarship from various angles.
Paper information:[F1000 Research] COVID-19 Countermeasures and the Constitution of Japan: The Law for Special Measures for New Influenza, etc.
