日本国憲法第3章人権条項の生成過程(第1報) : ベアテ・シロタ・ゴードンによる起草条項を中心として

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The purpose of this paper is to explain the process of how the human rights articles in the third chapter of the Constitution of Japan was drafted by Beate Shirota Gordon. We investigated the transition of the articles and the change of words. The materials we used included the papers of GHQ, the shorthand records of deliberation as recorded by a Japanese member, postwar literature, an interview with Beate and her autobiography. The results are as follows : Beate Shirota Gordon played an important role in the writing of Article 24 and 26 of the current Constitution of Japan. The articles concern the equality of both sexes in the family and the equal opportunity of education ; the wording by Beate remain intact in the Constitution. The current Civil Code is based on Article 24, which was enacted from the standpoint of individual dignity and the essential equality of both sexes. Those drafts originally deleted from the Constitution were "the protection of motherhood, " "the ban on discrimination of illegitimate children, " and "the equality of both sexes in opportunity of work and pay." The fact that some of these were later enacted shows Beate Shirota Gordon's foresight.
社団法人日本家政学会の論文
1998-11-15