<P> The current Constitution has the phrase "public welfare" in four articles (Articles 12, 13, 22 and 29) and states that any human right is subject to restriction when it "interferes with the public welfare". The majority of legal professionals argue that the spirit of such restriction against rights based on "public welfare" is to protect other people's rights from infringement . In the LDP draft, every instance of the phrase "public welfare" is replaced with a new phrase: "public interest and public order". The booklet describes the reason for this change as "to enable the State to restrict human rights for the sake of purposes other than protecting people's rights from infringement", but it remains unclear under what conditions the State can restrict human rights . It also explains that what "public order" means is "order of society" and its intention is not to prohibit the people from making an objection to the government, but it explains nothing about "public interest". </P> <P> Provisions regarding the people's rights modified or added in the LDP draft include: </P> <Ul> <Li> (Individualism): The LDP draft replaces the word "individuals" with "persons" (Article 13). This change reflects the draft authors' view that "excessive individualism" is an ethically unacceptable thought . </Li> <Li> Human rights and the supremacy of the constitution: The current constitution has Article 97 at the beginning of the "Supreme Law" chapter, which stipulates that the constitution guarantees the basic human rights to the people . The current, prevalent interpretation of Article 97 is that this article describes the essential reason why this constitution is the supreme law, which is the fact that the constitution's spirit is to guarantee human rights . In the LDP draft, this article is deleted and the booklet does not explain any reason for the deletion . </Li> <Li> Freedom of assembly, association, speech and all other forms of expression: The LDP draft adds a new paragraph on Article 21, which enables the State to prohibit the people from performing expressions "for the purpose of interfering with public interest and public order". The LDP explain that this change makes it easy for the State to take countermeasures against criminal organizations like Aum Shinrikyo . </Li> <Li> Right to property: The LDP draft adds a new paragraph stating that the State shall define intellectual property rights "for the sake of promotion of the people's intellectual creativity" (Article 29). </Li> <Li> Workers' rights: Workers have the right to participate in a labour union, but currently there is a dispute on whether public officials should be entitled to this right . The LDP draft add a new paragraph to make it clear that public officials shall not enjoy this right or part thereof (Article 28). </Li> <Li> Freedom from torture and cruel punishments: Under the current constitution, torture and cruel punishments are "absolutely forbidden", but the LDP draft deletes the word "absolutely" (Article 36). The reason for this change is not presented in the booklet . </Li> <Li> "New human rights": The LDP draft adds four provisions regarding the concept collectively called "new human rights": protection of privacy (Article 19 - 2), accountability of the State (Article 21 - 2), environmental protection (Article 25 - 2), and rights of crime victims (Article 25 - 4). However, the draft only requires the State to make a good faith effort to meet the stated goals and does not entitle the people to these "rights", as the booklet points out . </Li> <Li> Obligations of the people: The LDP draft can be characterized by its obligation clauses imposed on the people . The current constitution lists three obligations: to work (Article 27), to pay taxes as provided for by law (Article 30), and to have all boys and girls under their protection receive ordinary education as provided for by law (Article 26). The LDP draft adds six more: <Ul> <Li> The people must respect the national anthem and flag (Article 3). </Li> <Li> The people must be conscious of the fact that there are responsibilities and obligations in compensation for freedom and rights (Article 12). </Li> <Li> The people must comply with the public interest and public order (Article 12). </Li> <Li> The people must help one another among the members of a household (Article 24). </Li> <Li> The people must obey commands from the State or the subordinate offices thereof in a state of emergency (Article 99). </Li> <Li> The people must uphold the constitution (Article 102). </Li> </Ul> </Li> </Ul> <Li> (Individualism): The LDP draft replaces the word "individuals" with "persons" (Article 13). This change reflects the draft authors' view that "excessive individualism" is an ethically unacceptable thought . </Li>

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