Japan: teacher must get up and sing the national anthem

The Supreme Court of Japan protects the patriotism in a judgment in a judgment and freedom of conscience of the individual

The Supreme Court in Japan had a difficult task. It had to decide for the first time whether teachers resist their School Director if he lays down that in school celebrations also all teachers are getting up and the national anthem to sing along. A teacher was drawn in court because he saw in it a violation of Article 19 of the Japanese force of thought, which protects thought and conscience freedom.

The retired teacher had required damages from a high school in Tokyo, which did not want to give him a part-time job after his retirement, because he had refused to get up in 2004, to get up and the national anthem to Mitziben, as the director demanded. A court was right to him in 2009 and the city of Tokyo to pay a small dechipement of 18.000 Euro condemned. The teacher charged his refusal that the national anthem and flag had played a role for Japan’s militarism and imperialism before the war. On the subject and there are always complaints and different court judgments. In Osaka, the Governor wants to oblige the teachers through an arrangement.

But the Supreme Court now showed this decision, but doubt quite possibilities, so you did not really want to set yourself. It is struck that the School Director requires thirst, as getting up and singing is a ritual act during a ceremony, whereby the attitude of the pleading is not vacuum. The subordinate court has exceeded his state of reasons, which, according to the newspaper Mainichi, was founded that the former teacher was quite gotten and celebrated for a while in such a retirement for a while. That sounds like he had worn in the long run, if one practiced something. However, so one did not want to prescribe it, which is why the Supreme Court explained the judgment of the District Court of that because the statefulness of the city government in this case, which concerned an employee of the school attitude, the court. But this again seems to surprise the independence of the case-law.

However, the court realized that people could see their expression and conscience freedom through such an arrangement indirectly. School keys should therefore be aware of whether such an arrangement is really necessary. A judge warned that arrangements to be enforced with penalties can create paranoia teachers and reduce trust and enthusiasm to reduce, which in turn the doctrine of non-influence.

Loyalty and crucifixes

In the US, there is a similar dispute, namely whether the loyalty (Pledge of Allegiance), the Schuler in half of the states at the beginning of teaching standing standing with a view of IE national flag, is ready-to-catch. It will be done by "a nation under God" (One Nation Under God), what’s in place "God’s Own Country" violated against the separation of religion and state. Courts have decided different here. An even under Bush 2005 in the Congress law for the protection of the loyalty desk, however, failed at the Senate. In 2004, the Supreme Court wanted in a case where the Bush government was committed to the loyalty (the nation should remain under God), no real but government-compliant decision and has dismissed the lawsuit only from formal grounds. Previously, however, it had already decided that children of atheist parents did not have to see them with. The tendency is here too that "Under God" a governmental explanation is and no state demand of or a religion.

Similarly diplomatic, but on preservation of national tradition, the European Court of Justice for Human Rights (ECTHR) in Strabburg recently decided in the crucifix dispute. The court reduced the importance of the Christian symbol of the crucifix, which is why non-Christian children and their parents had to endure his Prasence as well as the state arranged the attachment in the school rooms (the cross may remain in the classroom).

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