@article{oai:bunkyo.repo.nii.ac.jp:00001195,
 author = {太田, 和敬},
 journal = {人間科学研究, Bulletin of Human Science},
 month = {1991-12-01, 2011-11-22},
 note = {The theoretical structure of fundamental fuman rights of Japanese Constitution should be reformed, because the era which produced Japanese Constitution has changed.
1 The states have guranteede the rights, though they are "human rights". All human beings must have human rights, but only those who belong to developed countries have had them. Human rights have been founded on states and birth.
We must consider human rights as international ones. Why do only those who have a certain nationality enjoy human rights? who should enjoy them?
I think that those who accept burdens, for example tax, can do. Sieye's insisted that positive citizens have rights. Now all people who live in Japan are positive citizens, because everyone pay tax.
Wecan think human rights are founded on positive citizens.
2 Japanese Constitution is thought the most democratic in the world, but it includes some articles of racial discrimination. Japanese word "kokumin" was selected in tranlation for people in order to exclude rights of korean. This policy continues in educational administration, for example at employment of teachers.
We must change these policies and create new structure of human rights.},
 pages = {62--70},
 title = {戦後教育認識と国民の教育権論の再検討 (II)},
 volume = {13},
 year = {}
}