东京(共同社)——日本一家法院周五裁定,禁止18岁以下人士参与竞选活动的法律违宪。
TOKYO (Kyodo) -- A Japanese court on Friday ruled that the law banning those aged under 18 from taking part in election campaigning is unconstitutional.
东京地方法院表示,该法律侵犯了他们的言论自由权,但驳回了包括高中生在内的四名原告向国家提出的损害赔偿请求。
The Tokyo District Court said the law constitutes a violation of their right to freedom of expression, but dismissed a claim for damages from the state by four plaintiffs, including high school students.
日本法律禁止18岁以下人士从事竞选活动,并禁止在竞选活动中“利用”他们。违者最高可处一年有期徒刑或30万日元(约合1900美元)以下罚金,并可被停止公民权。
Japanese law prohibits people under 18 from engaging in election campaigning and from being "used" in such activities. Violators face imprisonment for up to one year or a fine of up to 300,000 yen ($1,900), as well as suspension of civil rights.
原告辩称,该禁令及处罚的立法目的不明确,且没有合理依据对竞选活动实施全面禁令和刑事处罚。
The plaintiffs argued that the legislative purpose of the ban and penalties was unclear and that there was no rational basis for imposing a blanket ban and criminal penalties for campaigning.
他们各自要求赔偿10万日元精神损害抚慰金,理由是被剥夺了在选举中行使政治表达自由权的机会。
They had sought 100,000 yen each for emotional distress over being deprived of the opportunity to exercise their right to freedom of political expression in elections.
政府称,在1952年禁令出台前一年的地方选举中,许多未成年人被动员参与,导致了与人海战术式竞选相关的问题。政府辩称,保护未成年人是正当的立法目的。
The government said that many minors were mobilized in local elections a year before the ban was introduced in 1952, causing problems associated with manpower-based campaigning. It argued that protecting minors was a legitimate legislative purpose.