[New Corona] Ministry of Health, Labor and Welfare XNUMX-XNUMX years old Vaccination approved Pediatrician? <Kagoshima>
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Therefore, Dr. Ikeda says that it is not necessary to make the inoculation of children an "obligation to make efforts" like adults, and it is important for each person to think carefully.
On January XNUMX, the Ministry of Health, Labor and Welfare approved the new corona vaccination for children aged XNUMX to XNUMX years.The government is as early as ... → Continue reading
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Duty of effort
Duty of effort(Doryokugimu) is defined by the Japanese legal system as "you must try to do", and even if you do not obey your obligation to make efforts.Criminal penalty,FineNot subject to legal sanctions such asObligation to act / Obligation to actThat is.In addition, since "obligation to make efforts" is not legally binding, there is no rule that "if you do not do such an act, you will not be evaluated as" making an effort ".
Compliance depends only on the voluntary cooperation of the parties, and the degree of achievement is left to the discretion of the parties.ConstitutionInProgram rulesHowever, the program provisions stipulate in the Constitution that the state should make efforts at the discretion of administrative legislation, and are not imposed on the people.
Effort obligation provisions are mainly for small groups to large groups, when ordering acts or omissions that are unfamiliar to imposing legal obligations on the people, or when they are provided as catastrophic mitigation measures by rapidly tightening regulations. It is often stipulated when a small group is required to take some legal action, such as when it is not appropriate to order uniform or omission of the same strict regulations.
Effort obligation provision for acts that may restrict the rights of the people
For example,Tokyo Metropolitan Youth Development Ordinance(Tokyo Metropolitan Ordinance No. 39 of 181) Article 7 states that "the contents of documents or movies stimulate sexual feelings and cruelty to adolescents," in contrast to those engaged in the issuance of documents. When we recognize that there is a risk of promoting sexuality, inducing suicide or crime, and hindering the healthy growth of youth, we will cooperate with each other and, in close contact, give the relevant documents or movies to youth. We must endeavor not to sell, distribute, lend, or view the movie. "However, if such a thing is a legal obligation and penalties are set, etc.Article 21 of the ConstitutionGuarantee ofFreedom of expressionAnd guaranteed the clarity of punishment regulationsArticle 31 of the ConstitutionThere is a risk of conflicting with.
When it is unfamiliar to order a certain act or omission to the general public
For example, Article 10, Paragraph 1 of the Ordinance is for a movie designated by the Governor (a movie designated by the Governor according to Article 8, Paragraph 1, Item 1 of the Ordinance as an obstacle to the healthy development of young people). The governor's department staff or police officers can issue warnings to persons, employees and other employees who have stipulated an obligation provision that "you must not let youth watch" and violate this obligation. Furthermore, it is stipulated that if the warning is not followed, criminal penalties will be imposed.
On the other hand, Article 10 (2) of the same ordinance stipulates that "no one must endeavor to prevent young people from watching designated movies," and stipulates an obligation to make efforts for the general public other than those involved in the entertainment venue. It stays at.This makes it unclear the scope of the obligation to impose a legal obligation on the general public to take necessary measures to prevent young people from watching designated films, and is an overly widespread punishment guaranteed by Article 31 of the Constitution. It is understood that it was stipulated as such because it may violate the principle of prohibition of stipulation.
When there is a meaning of catastrophic change mitigation measures
Before the 1999 revisionEqual Employment ActWas only obliged to make efforts regarding discriminatory treatment of recruitment / recruitment and placement / promotion, but was changed to the obligation provision in 1999.This is a case in which it was recognized that it was difficult to introduce a new system radically due to social circumstances at that time, so for the time being, the new system should be permeated and the law should be revised in stages.Civil Procedure CodeIncorporated in the 1996 revision ofParty inquiryIt is the same that there is no penalty for.This has not been revised as of 2008.
Enforced in April 2016,Law on promotion of elimination of discrimination due to disabilityInJapanese Government,Local government-Independent administrative agency-Special corporationEtc. have a legal definition of incorporating measures into reasonable accommodation for persons with disabilities, but private businesses are obliged to make efforts.