Japan Press Weekly

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2013 March 13 - 19 [CIVIL RIGHTS]

Depriving adult who live under guardianship program of their suffrage is unconstitutional: Court

The Tokyo District Court ruled on March 14 that it is unconstitutional that the Public Offices Election Law deprives adult wards of their right to vote.

This is the first judicial judgment on the concerned provision of the law.

The adult guardianship system was introduced with the aim of supporting those who have difficulties in managing their lives due to a mental disability. Under the election law, if a person appoints a guardian for him/her, the person will forfeit suffrage.

Nagoya Takumi, 50, who is living in Ushiku City, Ibaraki Prefecture, lost her voting right when she named her father as her guardian in February 2007. Then she filed a lawsuit against the state to regain her voting right.

The judgment states that if persons get guardians to manage their properties, this does not affect their ability to vote. It stated that the rule forcibly taking away the franchise from wards goes beyond the “necessary” limit to their right.

The decision also noted that disfranchising wards runs counter to the purpose of the adult guardianship system to respect disabled persons’ right to self-determination as well as help them live a normal life as a member of the society.

“I’m pleased to win the case. I’d like to go to vote next time with my father and mother,” said Nagoya following the ruling.

The counsel for the plaintiff issued a statement saying that the Diet should take due note of the judgment and take the lead in deleting the provision from the act.

Japanese Communist Party Upper House member Inoue Satoshi has repeatedly taken up the issue in the Diet and requested the government to revise the law.