Kento Yamamoto

Associate Professor, Faculty of Law, The University of Kitakyushu *Profile is at the time of the award.

2023Inamori Research GrantsHumanities & Sociology

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Research topics: Constitutional studies on the right of exit from religious organizations

Keyword

Summary: The aim of this study is to clarify how the right of exit from a religious group can be constituted under the Constitution of Japan.
This study will suppose a specific situation where the freedom of religious conversion, which is guaranteed under the freedom of religion, becomes practically limited. This study will first conduct a basic theoretical study of the right of exit. This study will then examine (1) whether the Constitution of Japan guarantees a substantive right of exit and (2) the extent to which it is permissible for the government to provide support for exit in order to materialize the right of exit. This study will also explore the possibility of further developing the right of exit.

Comment

Thank you for funding this study. I believe that this is an important issue both theoretically and practically. However, since it involves sensitive content, I hope to approach it with careful consideration.

Outline of Research Achievments

This study investigates the constitutional possibility of the right to exit religious organizations and the limits of state support, and presents several theoretical premises for examining this right under the Japanese Constitution. First, it finds theoretical difficulties in constituting this right as part of the right to self-determination. Second, the study clarifies the theoretical framework for freedom of religion and the right to exit by examining the relationship between freedom of religion and child abuse, as well as Articles 19 (freedom of conscience) and 20 (freedom of religion) of the Japanese Constitution. Third, in considering the right to exit, the study confirms the importance of clarifying the constitutional status of parental rights to provide religious education to their children, based on exchanges with a legal team supporting second-generation members of religious organizations.

Kento Yamamoto (December 2023) Shukyo wo haikei to shita jido gyakutai to ho no wakunai de no shinkyo no jiyu. Opinion (The Constitution of Japan)

Kento Yamamoto (2023) Nihonkoku kenpo ga shinkyo no jiyo wo kitei suru koto no imi. Street Law vol.515 p.46 onward

Kento Yamamoto (2024) Memorandum on the Constitutional Rights to Self-Determination RIKKYO HOGAKU vol.111 p.313 onward

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