Japan Press Weekly

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2016 March 23 - 29 [SOCIAL ISSUES]

Ex-Osaka Mayor Hashimoto’s survey of workers’ beliefs and affiliations is unconstitutional: high court

The Osaka High Court ruled on March 25 that the survey of city workers’ beliefs which had been conducted by former Osaka City Mayor Hashimoto Toru is unconstitutional.

This is the second ruling in favor of plaintiffs following the Osaka District Court decision in March 2015. The high court ordered the city government to pay 5,000 yen in compensation to each of 59 plaintiffs, including retired employees.

In February 2012, with the aim of disrupting union activities, Mayor Hashimoto ordered all city employees to answer a questionnaire. It asked about whether they are union members and whether they have been involved in activities of a specific political group.

The presiding judge pointed out that Hashimoto violated municipal workers’ constitutional rights of freedom of association and privacy by forcing them to answer such questions. The judge went on to note that the mayor failed to fulfill his duty to ensure that the inquiry does not infringe upon city employees’ human rights.

At a news conference after the ruling, the complainants’ lawyer, Nishi Akira, said, “This court judgment clearly recognizes that conducting such a survey constitutes an illegal exercise of public authority. The city government should accept the ruling instead of appealing it.”

Tadokoro Kenji, chair of the Osaka City Office Workers’ Union which is affiliated with the National Confederation of Trade Unions (Zenroren), said, “We’ll continue to work to protect our rights based on the Constitution.”

Past related article:
> Osaka Mayor Hashimoto’s political belief survey unconstitutional: court [January 22, 2015]