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司法書士佐田康典の業務お疲れ日誌(汗) » 成年後見制度 選挙権 一律喪失は疑問

成年後見制度 選挙権 一律喪失は疑問

 以前から問題になっているテーマです。
札幌地裁で提起されています
私は、ここで、少し斜に構えてこの問題を取り上げていみたいと思います。
 まず、訴訟当事者=原告は、被後見人です。
この場合、選挙権は一専属権または、類似の固有の権利あるいは、
自分が属する行政の政治を司る人間を選ぶ権利であって、
後見開始の審判が本人に対してなされたことのみをもって、
剥奪されるのは、おかしいでしょう!
ということで、憲法15条(選挙・公務員選定)、14条(法の下の平等)
が問題になります。
で!この訴訟は、訴訟遂行能力の問題から、
成年後見人自ら法律の知識を駆使して、訴訟提起するか
弁護士に委任することになります。
財産権とは異なる高度な権利意識が必要です。
 本人はそのような高度な理解は難しいのではと考えます。
 そうすると、成年後見人が
本人が自覚していない高度な見識に基づく権利擁護を
実現するため、訴訟活動を行うことになります。
 成年後見人は、本人の財産管理と身上監護護面を十分意識した
行動が求められます。
成年後見人が、本人の選挙権が剥奪されるのは違憲だ!
という、主張をするのは、あえて言うと身上監護の範囲に入るとはおもえません。
 ですから、この訴訟は、成年後見人が、本人のため、
手弁当で、違憲裁判を遂行するのが本当ではないかと
思ってしまうのです。
実際には、
この訴訟を提起された先生は、もちろん、被後見人の
権利擁護を一番に考えて、頑張っておられるとは思います
何が言いたいのかというと、少し矛盾している訴訟ということです・
決して避難している訳ではなく、頑張って欲しいと私も応援しているのですが、
訴訟遂行の手順にイマイチ矛盾を感じてしまうのです。

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