Another surprise visit by the devil...
A rare decision concerning the national anthem and the country flag. A surprising one that completely screwed up our scheduled plans for today, including the coverage of the results of the new national bar exam I happened to go and cover...
Having to leave all the work I intended to do in the afternoon, I ended up working till midnight... well... just like always perhaps...
God sure ain't defending us from the devil and my fuel for the week is quickly running out...
an epoch making decision the plaintiffs say... (pic from Jiji)
article from Kyodo...
また悪魔の突然の来訪…
国歌と国旗を巡って珍しい判断が。きょうの予定を完璧に狂わせる驚きのものだった。新司法試験の結果の取材も突然行くことになってしまった…。
午後にしようと思っていた仕事をすべて置いたら、夜中まで働く羽目に…まぁ…いつも通りだけどね、そういえば…
神様は悪魔から守ってくれてないようで、今週分の燃料は早くも切れかかっている…
写真：原告たちは画期的な判決だという…（写真は時事から）
共同の記事…（和訳は略）
◆Teachers not obliged to sing nat'l anthem at school events: court
TOKYO, Sept. 21 KYODO
The Tokyo District Court ruled Thursday that teachers and librarians are not obliged to sing the Kimigayo national anthem at school events despite Tokyo authorities' instruction to do so.
Presiding Judge Koichi Namba said the Tokyo metropolitan government and its education board cannot force teachers to sing Kimigayo in front of the Japanese flag or reprimand them for refusing to do so as such acts are infringements on the freedom of thought guaranteed under Constitution.
He also ordered the government to pay 30,000 yen in damages to each plaintiff for causing distress as the plaintiffs had sought, and recognized that music teachers are not obliged to play piano for the national anthem.
''The Hinomaru flag and Kimigayo anthem were the spiritual backbone that supported imperialism and militarism until the end of World War II and their religious or political neutrality are not recognized even today,'' Namba reasoned, and said many people opposed singing the anthem in front of the flag because of their beliefs.
He then said the national anthem and flag should not be imposed on people but should rather be supported spontaneously by people, and notices or orders that force school staff to sing the anthem before the flag amount to an unwarranted control over education.
The suit was filed by 401 incumbent and former teachers and librarians against the Tokyo metropolitan government and its education board after they issued a notice in October 2003 demanding that public school employees stand and sing the national anthem in front of the Japanese flag during entrance and graduation ceremonies at schools.
''I can't believe we got such a great ruling from the court. I am really glad I fought through this adversity,'' said Ayako Kawaguchi, 48, a teacher who says her colleagues were reprimanded for refusing to sing Kimigayo at their school.
Eishun Nagai, 59, a public high school teacher who was among the initial members who filed the suit, said, ''I have always thought we can't lose this suit because if we did, our educational environment would go back to that of the pre-war period.''
Other plaintiffs and lawyers rejoiced over the ruling, calling it ''a landmark ruling.''
Meanwhile, Masahiko Nakamura, chief of the Tokyo education board, said the board is likely to appeal, while numerous education board officials voiced surprise upon hearing the ruling.
One official said, ''It was totally unexpected...We did not think we would lose the suit. Considering how the past rulings were, it surprises us how extreme today's ruling is.''
Asked about the case, Prime Minister Junichiro Koizumi, while noting he has not heard of the ruling, told reporters, ''I think showing respect for the national flag and the state is not even a legal matter.''
In January 2004, 228 teachers first filed the suit demanding the court to recognize that such notices are unconstitutional, and more teachers joined the suit in three groups up to this May.
More than 350 people have been reprimanded for refusing to stand and sing the national anthem in front of the national flag in the three years since the Tokyo governmental notice was issued.
Kimigayo, which carries lines originally wishing for the eternal reign of the emperor, is often seen as a symbol of Japan's past militarism.
The government says the words of the anthem should be interpreted as a wish for the nation's lasting prosperity and peace.
A law was enforced in August 1999 to designate Kimigayo as the national anthem and the Hinomaru as the national flag.
==Kyodo
No comments:
Post a Comment