An influential theory insists that matters pertaining to family, for example marriage and divorce, are included in the object of the right to self-determination. But, Art. 24, cl. 1 of the Japanese Constitution provides that "Marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with equal rights of husband and wife as a basis". In this paper, I will study some problems related to guarantee of "freedom to found a family', mainly through an examination of the contents of Art. 24, cl. 1.
