ベアテ・シロタ草案の背景と憲法研究会草案 : 日本国憲法第3章人権条項の制定過程 (第2報)

概要

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The purpose of this paper is to examine the foresight and the limitation of the human rights articles that Beate Shirota drafted in the third chapter of the Constitution of Japan. We investigated the hoped-for results for which Beate Shirota drafted the articles. We studied the related GHQ documents, postwar literature, interviews with Beate Shirota and her autobiography. And we investigated the draft constitution by the Constitutional Research Group, because the Group as well as Beate Shirota had studied the same models before they prepared their draft. The models were the Constitution of their chosen countries. We found three points as the foresight: I. to grant "equality in the family ... of men and women" ;II. (1) to provide "protection of motherhood," (2) "abolition of discrimination against illegitimate children," (3) "equality of both sexes in work chances and remuneration" ;III. to provide "rights for children." We found two limitations. First, as pointed out by Beate Shirota herself, is the fact that her draft did not provide social welfare for elderly people. Second is the absence of provision of homes as a human right.
社団法人日本家政学会の論文
2000-01-15