civil rights

Article

August 8, 2022

Civil rights (English: Franchise) is a form of political suffrage. It is a general term for the status and qualifications that reflect the will of the public through the right to vote and the right to be elected, and the right to be appointed as a public official (the right to assume public office), and has almost the same meaning as citizenship.

United States

Civil Rights Movement

Civil Rights Act

Title 7 of the Civil Rights Act, Section 703(a), provides that an employer may refuse employment, dismiss an individual, or discriminate in terms of pay, conditions, or rights in employment on the basis of race, color, or national origin. is prohibited

Japan

Citizenship means "rights as a citizen," and the legal use of the term "citizenship" can only be found in Article 7 of the Labor Standards Act (Guarantee of exercising civil rights). The phrase "rights as a citizen" can be found in several ministerial ordinances such as the Self-Defense Forces Law Enforcement Regulations, and the National Personnel Authority's regulations.

Labor Standards Act (guarantees to exercise civil rights)

In order to ensure that workers exercise their rights as citizens and perform their public duties, including the exercise of suffrage, which is an important right of citizens, this Article requires employers to This order exempted workers from their labor obligations so that they could exercise their rights as citizens. "Citizens" here means "citizens who are qualified to participate in the public affairs of the state or public bodies", and "rights as citizens" means "rights recognized as citizens to participate in the public affairs of the state or public bodies". (March 14, 1988, Basic Notice No. 150) Specifically, in addition to the right to vote and the right to be elected, the Supreme Court judges' national examination, a referendum on special laws, a referendum on constitutional revision, and the Local Autonomy Law. This includes the direct claims of residents based on the law and the rights of residents to audit (March 14, 1988, No. 150). "Public duties" are limited to those based on laws and regulations, but do not refer to all public duties based on laws and regulations. Duties to ensure the appropriateness of the public affairs of the national or local government by reflecting public opinion (Members of the National Assembly/Local Assembly, Labor Relations Commission members, Labor Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal Tribunal trial judge committee members, etc.) Duties to ensure the fair and appropriate execution of official duties of the national or local governments (witnesses at courts and labor commissions, etc.) Duties to monitor the proper execution of public affairs by local governments (election witnesses, etc.) fall under this category (March 14, 1988, Office Notification No. 150, September 30, 2005, Office Notification 930006). issue). Duties whose main purpose is simply to provide labor are not included in “public duties.” (March 14, 1988 Kibatsu No. 150). The exercise of the right to sue is generally not the exercise of a right as a citizen, but the civil lawsuit prescribed in the Administrative Case Litigation Law, the lawsuit concerning the electoral list prescribed in the Public Offices Election Law, and the lawsuit concerning elections or elections fall under the exercise of civil rights. (No. 150 issued on March 14, 1988). The refusal itself constitutes a violation of this article, whether or not the right is actually exercised. Relying on the approval of the employer to exercise rights is also a violation. Employment regulations clauses to the effect that persons who assume public office without the approval of their employers will be subject to disciplinary dismissal are invalid, and even if assuming public office may significantly impede the execution of company business, Aside from ordinary dismissal, disciplinary dismissal is not permitted (Towada Kanko Dentetsu Incident, Supreme Judgment, June 21, 1963). Exercising civil rights in work rules, etc.