1960年代における高校生の政治的活動の制限に関わる不当な支配

──69年通知と都道府県通知に着目して──

抄録

In 1969, the Ministry of Education issued a notice about high school students’ political activities to the prefectural boards of education, which restricted the students’ political activities and the teachers’ teaching activities. Prior to the Ministry’s notice, prefectural boards issued notices with similar contents. Under these notices, the political activities of high school students had been severely restricted.

In this paper, I argue that the Ministry and prefectural boards intended to exert improper control on education, which was prohibited by the Fundamental Law of Education of 1947. The reasons for reaching this conclusion are as follows.

1) The Ministry and prefectural boards restricted the activities of teachers and students by means of these notices. However, those restrictions were illegal because these notices had no legal power.

2) The notices limited the teachers’ freedom in teaching, and forced the teachers to restrict the students’ political activities both inside and outside school. Unjustly restricting teachers’ freedom in teaching will limit their activities to ensure the students’ right to learn. Although the high school students’ political activities should be guaranteed as a human right, the Ministry considered their activities to be a disturbance of social order.

3) The Ministry insisted that the political activities of the students should be restricted for the sake of public welfare in the notice, but it was illegal to restrict the human rights of students based on public welfare.