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2011 January 26 - February 1 [EDUCATION]

Court: Compulsion of ‘Hinomaru’ and ‘Kimigayo’ constitutional

January 29, 2011
The Tokyo High Court on January 28 reversed a lower court decision and ruled that making standing up for the “Hinomaru (rising sun)” flag and singing the “Kimigayo (reign of your majesty)” song compulsory at school events is constitutional.

In October 2003, the Tokyo Metropolitan Board of Education issued a directive forcing teachers and other school staff to stand up for the “Hinomaru” and sing “Kimigayo” at school ceremonies. Early in 2004, about 400 Tokyo teachers filed a lawsuit claiming that the board’s directive and principals’ orders to do so violate the Constitution.

High school teacher Kawamura Sawa commenting on the high court decision said, “Tokyo schools will be in a more repressive atmosphere and we will no longer be able to speak out openly in schools.”

Katayama Mugiho, a plaintiff, said, “The mood has turned gloomy. If we talk about the ‘Hinomaru’ and ‘Kimigayo’ issue in class, the principal warns us of reprisals.”

The plaintiffs’ group and its legal team will make a final appeal to the Supreme Court arguing that the high court decision lacks a basic understanding of the people’s freedom of thought, conscience, and education.

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