Guarantee of foreigners' rights

1. General remarks


Foreigners are those who do not have Japanese nationality.

There are two types of acquisition of Japanese nationality: ① By birth and ② By naturalization.


① By birth


He / She born to a Japanese father or mother has Japanese nationality.

The same is true for unknown parents born in Japan.

Furthermore, he / she born outside Japan by the father or mother of Japanese nationals also have Japanese nationality. However, if he / she has dual nationality, he / she will not have acquired Japanese nationality unless he / she is notified within three months of his / her birth.

However, if the he / she is notified by the age of 20, the nationality can be reacquired.

In the case of dual nationality, he / she must decide his / her nationality by the age of 22.



② By naturalization


The Minister of Justice has extensive discretion in granting special rights to the permission of naturalization of foreigners.




Are foreigners guaranteed their rights in the first place?


The court says that the guarantee of basic human rights extends equally to foreigners residing in Japan, except for the right, which is understood to be intended only for Japanese citizens by nature.


Specifically, what kind of rights are guaranteed?



2. Details


(1) Freedom of entry


(2) Freedom to leave Japan


(3) Social security rights


(4) Qualification for a public occupation


(5) Suffrage