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Japan court rules ban on independent election campaigning by minors unconstitutional
The Tokyo District Court has ruled that a provision in Japan’s Public Offices Election Law, which prohibits minors from conducting independent election campaigns, is unconstitutional. Presiding Judge Mizuho Ebi stated that the restriction violates the constitutional right to freedom of expression, noting that the government failed to demonstrate a high necessity for such a broad regulation or specific harmful effects of minor participation.
Under the existing law, violators could face up to 12 months of imprisonment or fines of up to 300,000 yen. The lawsuit was brought by four plaintiffs, including high school students, who argued the ban discouraged young people from political participation. While the court found the independent campaigning ban unconstitutional, it upheld a separate provision that prohibits the use of minors in election campaigns, deeming it a valid measure for protecting minors.
The court rejected the plaintiffs' request for monetary damages, ruling that the violation of rights was not sufficiently obvious at the time the provision was enforced. The Japanese government had defended the law by citing historical concerns regarding the mobilization of minors in local elections prior to the 1952 ban.
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- [● 3 SOURCES] The court rejected the plaintiffs' claim for damages against the Japanese government. www.adnkronos.com · www.g4media.ro · kibrisgazetesi.com
- [● 3 SOURCES] The Tokyo District Court ruled that a provision prohibiting minors from conducting independent election campaigning is unconstitutional. www.adnkronos.com · www.g4media.ro · kibrisgazetesi.com
- [○ 1 SOURCE] A separate provision that bans the use of minors in election campaigns was ruled constitutional to protect minors. www.adnkronos.com
- [● 3 SOURCES] Violators of the campaigning ban face up to 12 months of imprisonment or a fine of up to 300,000 yen. www.adnkronos.com · www.g4media.ro · kibrisgazetesi.com
- [● 2 SOURCES] The government argued the ban was necessary to prevent minors from being involved in unjust election campaigns. www.adnkronos.com · www.g4media.ro
- [● 3 SOURCES] Four plaintiffs, including high school students, filed the lawsuit to challenge the restriction on political expression. www.adnkronos.com · www.g4media.ro · kibrisgazetesi.com