国のスポーツ施設整備義務

概要

論文の詳細を見る
The International Charter of Physical Education and Sports, adopted by the United Nations Educational, Scientific, and Cultural Organization on the 21st of November, 1978 clearly provides that governments shall be responsible to their peoples for the construction of sports facilities. The Japanese government approved the adoption of this charter; nevertheless, we still do not have adequate sports facilities. We can confirm the existence of a right to sports in the Constitution, whose pursuit of happiness clause in Article 13 can be interpreted as guaranteeing freedom of athletic activity and whose Article 25 can be seen as guaranteeing the construction of sports facilities. It is clear then, that all Japanese people have the right to athletic activity, but we still lack specific laws for the realization of this right. The statement of objective right in Article 25 of the Constitution explains that in case a right is violated, any person may seek relief, but we have no laws concerning the procedure of access to the courts. In conclusion, it is necessary to enact laws of the type referred to above in order to guarantee the people's right to sports. The present state of affairs shows that the legislature has not properly performed its duties.
早稲田大学の論文
1990-03-25