
日本漫画家小林善纪周一起诉政府,称修订后的《皇室典范》允许前皇族11个分支的男系后裔被收养为皇族成员,违反了宪法。
Japanese manga artist Yoshinori Kobayashi sued the government Monday, saying that the revised Imperial House Law, which allows male paternal-line descendants of former imperial family branches to be adopted into the imperial family, violates the Constitution.
根据向东京地方法院提起的诉讼,小林请求确认修订法违反禁止基于门第歧视的宪法规定,因此无效。他同时要求赔偿100万日元(约合6341美元)。
In the lawsuit, filed with the Tokyo District Court, Kobayashi seeks to confirm that the revised law breaches the Constitution, which prohibits discrimination based on family origin, and is therefore invalid. He also demanded damages of ¥1 million ($6,341).
为应对皇族成员减少,该修订案于7月通过,周六生效。新规定称,年满15岁、无配偶和子女的前11个分支男系后裔有资格被收养。这些分支于1947年脱离皇室。
The revision, drafted to address the decreasing number of imperial family members, was enacted in July and enforced Saturday. It has a new stipulation that male descendants of the former 11 branches who are 15 or older and have no spouse or children are eligible for the adoption. The branches left the imperial family in 1947.
小林主张,将资格限定为前皇族分支成员违反了宪法第14条保障的法下平等原则。
Kobayashi argues that limiting the eligibility to members of former imperial family branches violates Article 14 of the Constitution, which guarantees equality under the law.
他说,政府在政府小组学者发出可能违宪的警告后仍颁布修订,给他造成了精神痛苦。
He said the government enacted the revision despite warnings of possible unconstitutionality from scholars on a government panel, causing him emotional distress.
提起诉讼后,小林在记者会上表示,将形成“新的阶级制度”是“一个大问题”。“我认为平等是日本的骄傲所在,”他说。
Speaking at a news conference after filing the suit, Kobayashi said that it is “a big problem” that a new class system will be created. “I believe that equality is a source of Japan’s pride,” he said.
代理原告的律师仓持麟太郎表示:“我们想形成一种声势,让法院不得不作出违宪判决。”
“We want to create a momentum that makes the court feel compelled to make a constitutional decision,” said attorney Rintaro Kuramochi, who represents the plaintiff.