District court criticizes Tokyo governor's insult to women as not complying with Constitution

The Tokyo District Court on February 24 criticized Tokyo Governor Ishihara Shintaro's remarks in an interview, "Old women are the worst thing on earth" for not complying with the basic ideas of the Constitution.

Ishihara in an October 2001 issue of a weekly magazine for women said: "The worst thing that civilization has brought about can be said to be old women. It is a waste and evil for women to survive after they have lost their reproductive capability. He said this, allegedly citing a scholar, and repeated similar remarks at an metropolitan assembly meeting in December 2001.

A group of 131 women in Tokyo filed a lawsuit against the governor, calling for the withdrawal of the remarks, apology, and compensation because the remarks harmed women's dignity, encouraged violence and discrimination against women, and caused disappointment in and fear of the metropolitan administration.

Presiding judge Kawamura Yoshiteru severely criticized the governor's remarks, as follows: "It goes without saying that a view that recognizes the value of women only in their reproductive capability contradicts the basic ideas about respect for individuals, The U.N. Covenant on Civil and Political Rights, the U.N. Declaration on the Elimination of All Forms of Discrimination against Women, and other international agreements.

But the ruling dismissed the plaintiffs' claims on the grounds that the remarks did not personally harm the honor of the plaintiffs and that the remarks were not so serious as to inflict emotional pain.

Nakano Asami, a lawyer for plaintiffs, pointed out, "The ruling does not acquit the governor of the offense, though it rejected the plaintiffs' claims." She added that the ruling is significant in that it recognizes the indiscretion, in the light of the constitution and the International Covenants of Human Rights, of the remark made by a person in a post of authority.

The lawyer said, "We want the governor to seriously consider the ruling." (end)




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