Editing Constitution of Japan (section)

=== Individual rights (Articles 10–40) ===
{{See also|Human rights in Japan}}

"The rights and duties of the people" are featured prominently in the post-war constitution. Thirty-one of its 103 articles are devoted to describing them in detail, reflecting the commitment to "respect for the fundamental human rights" of the [[Potsdam Declaration]]. Although the Meiji Constitution had a section devoted to the "rights and duties of subjects" which guaranteed "liberty of speech, writing, publication, public meetings, and associations", these rights were granted "within the limits of law" and could be limited by legislation.<ref name=":0" /> Freedom of religious belief was allowed "insofar as it does not interfere with the duties of subjects" (all Japanese were required to acknowledge the Emperor's divinity, and those, such as Christians, who refused to do so out of religious conviction were accused of [[lèse-majesté]]). Such freedoms are delineated in the post-war constitution without qualification.

Individual rights under the Japanese constitution are rooted in Article 13, where the constitution asserts the right of the people "to be respected as individuals" and, subject to "the public welfare", to "life, liberty, and the pursuit of happiness". This article's core notion is ''jinkaku'', which represents "the elements of character and personality that come together to define each person as an individual", and which represents the aspects of each individual's life that the government is obligated to respect in the exercise of its power.<ref>{{Cite journal|last=Levin|first=Mark|title=Essential Commodities and Racial Justice: Using Constitutional Protection of Japan's Indigenous Ainu People to Inform Understandings of the United States and Japan|language=en|location=Rochester, NY|ssrn=1635451 |volume=33 |page=419 |date=2001 |journal=New York University of International Law and Politics}}</ref> Article 13 has been used as the basis to establish constitutional [[Right to privacy|rights to privacy]], [[self-determination]] and the control of an individual's own image, rights which are not explicitly stated in the constitution.

Subsequent provisions provide for:
* '''[[Equality before the law]]''': The constitution guarantees equality before the law and outlaws discrimination against Japanese citizens based on "political, economic or social relations" or "race, creed, sex, social status or family origin" (Article 14). The right to vote cannot be denied on the grounds of "race, creed, sex, social status, family origin, education, property or income" (Article 44). Equality between the sexes is explicitly guaranteed in relation to marriage (Article 24) and childhood education (Article 26).
* '''Prohibition of [[peerage]]''': Article 14 forbids the state from recognising peerage. Honors may be conferred, but they must not be hereditary or grant special privileges.
* '''Democratic elections''': Article 15 provides that "the people have the [[inalienable right]] to choose their public officials and to dismiss them". It guarantees universal adult (in Japan, persons age 20 and older) suffrage and the [[secret ballot]].
* '''Prohibition of [[slavery]]''': Guaranteed by Article 18. Involuntary servitude is permitted only as punishment for a crime.
* '''[[Establishment of religion|Separation of Religion and State]]''': The state is prohibited from granting privileges or political authority to a religion, or conducting religious education (Article 20).
* '''[[Freedom of assembly]], [[freedom of association|association]], [[freedom of speech|speech]], and secrecy of communications''': All guaranteed without qualification by Article 21, which forbids [[Censorship in Japan|censorship]].
* '''[[Workers' rights]]''': Work is declared both a right and obligation by Article 27 which also states that "standards for wages, hours, rest and other working conditions shall be fixed by law" and that children shall not be exploited. Workers have the right to participate in a trade union (Article 28).
* '''[[Right to property]]''': Guaranteed subject to the "[[public welfare]]". The state may take property for public use if it pays just compensation (Article 29). The state also has the right to levy taxes (Article 30).
* '''Right to [[due process]]''': Article 31 provides that no one may be punished "except according to procedure established by law". Article 32, which provides that "No person shall be denied the right of access to the courts", originally drafted to recognize criminal due process rights, is now also understood as the source of due process rights for civil and administrative law cases.<ref>{{Cite journal|last=Levin|first=Mark|date=2010-08-05|title=Civil Justice and the Constitution: Limits on Instrumental Judicial Administration in Japan|language=en|location=Rochester, NY|ssrn=1653992 |journal=[[Pacific Rim Law and Policy Journal]] |volume=20 |number=2 |pages=265–318 }}</ref>
* '''Protection against unlawful [[Detention (Imprisonment)|detention]]''': Article 33 provides that no one may be apprehended without an arrest warrant, save where caught ''in [[flagrante delicto]]''. Article 34 guarantees ''[[habeas corpus]]'', right to counsel, and right to be informed of charges. Article 40 enshrines the right to sue the state for wrongful detention.
* '''Right to a [[fair trial]]''': Article 37 guarantees the right to a [[public trial]] before an impartial tribunal with counsel for one's defence and compulsory access to witnesses.
* '''Protection against [[self-incrimination]]''': Article 38 provides that no one may be compelled to testify against themselves, that confessions obtained under duress are not admissible, and that no one may be convicted solely [[corpus delicti|on the basis of their own confession]].
* '''Other guarantees''':
** [[Right to petition]] government (Article 16)
** Right to [[Filing (legal)|sue]] the state (Article 17)
** [[Freedom of thought]] and conscience (Article 19)
** [[Freedom of expression]] (Article 19)
** [[Freedom of religion]] (Article 20)
** Rights to change residence, choose employment, move abroad and relinquish nationality (Article 22)
** [[Academic freedom]] (Article 23)
** Prohibition of [[forced marriage]] (Article 24)
** [[Compulsory education]] (Article 26)
** Protection against entries, [[search and seizure]]s (Article 35)
** Prohibition of [[torture]] and cruel punishments (Article 36)
** Prohibition of ''[[ex post facto]]'' laws (Article 39)
** Prohibition of [[double jeopardy]] (Article 39)

Under Japanese case law, constitutional human rights apply to corporations to the extent possible given their corporate nature. Constitutional human rights also apply to foreign nationals to the extent that such rights are not by their nature only applicable to citizens (for example, foreigners have no right to enter Japan under Article 22 and no right to vote under Article 15, and their other political rights may be restricted to the extent that they interfere with the state's decision making).