Mainichi: How puzzling. A question-and-answer booklet that the ruling Liberal Democratic Party (LDP) has created to explain its draft revision of the Constitution claims there are two types of human rights: the big ones and the little ones.
The concept of “big human rights” and “small human rights” appears in the booklet’s section on the LDP draft Constitution’s controversial “state of emergency” provision, which allows for temporary restrictions on human rights and concentration of authority in the Cabinet in the case of an emergency such as an armed attack from external forces, disturbances in social order due to domestic turmoil, or major disasters. Following the massive earthquakes in Kumamoto and its surrounding areas in mid-April, the government and the LDP have ramped up their argument that such a provision is necessary to carry out rescue and recovery efforts as smoothly as possible.
The Q&A booklet states that protecting the lives, bodies and properties of the people is the state’s utmost priority not only in times of peace but also in times of emergency. So far, so good. But it’s what follows that throws me for a loop. “Some are of the opinion that fundamental human rights should not be restricted even in times of emergency,” the booklet reads. “But we believe that it is possible that in order to protect big human rights such as people’s lives, bodies and properties, we could be forced to place restrictions on smaller human rights.”
It’s pretty clear what the LDP means by “big human rights.” But what are the “smaller human rights” that the party refers to? I contacted the LDP Headquarters for the Promotion of Revision to the Constitution. The person who responded, however, simply kept repeating that “it would be helpful if you could read it as it is written.” That was precisely the problem, though. I couldn’t understand what had been written. […]
The LDP’s Q&A booklet notes that the LDP draft Constitution does not deviate from the party’s understanding that fundamental human rights are inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being. If that is actually the case, however, the concept of a “big” or “small” human right should not even come up.
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