From 7:00 pm on December 20th, an interview with Yasumi Iwakami attorney Yasumi Iwakami entitled "No need to introduce an emergency clause by constitutional amendment using the Korona-ka as an excuse! Verify the Korona-ka suffering from man-made disasters by the government!" carried out.
At the beginning, Iwagami, the secretary general of the Liberal Democratic Party, Toshimitsu Mogi, began to openly say that the main part of the Liberal Democratic Party's constitutional amendment was an "emergency clause", Sanae Takaichi was appointed as the political chairman of the Liberal Democratic Party, Shinzo Abe. The Prime Minister said on December 1 that "Taiwan emergency is Japan emergency", and Deputy Prime Minister Taro Aso said during his term that "Japan and the United States must defend Taiwan together" (July). From the time of the issue of collective self-defense in 2016, he raised the issue that the Liberal Democratic Party's constitutional amendment and the sense of crisis regarding the emergency clause may have diminished.
Attorney Nagai said, "The government held the Tokyo Olympics without taking any effective measures because the government relied on the people's self-restraint for corona measures. Prime Minister Yoshihide Suga, whose cabinet approval rating plummeted, was forced to resign. However, Mr. Suga's resignation has shifted the issue to the LDP presidential war, and no verification has been made. "
Attorney Nagai published an article entitled "Verification Corona and Law" in the December 2021 issue of "World" (Iwanami Shoten). In the interview, we talked about five issues, focusing on issues related to the freedom of citizens and restrictions on the operation of private facilities, in line with the "Verification Corona and the Law."
Iwakami: "Professor wrote a dissertation entitled" Verification Corona and Law "in the December issue of" World ". With the story of Corona and Law, the LDP now states that the highest priority is an emergency clause, and sets it with the Taiwan emergency. I'm trying to proceed with.
But the media can't handle the emergency clause. If you handle it, your neck will be in jeopardy. When the US-China war becomes a reality, Japan will participate in the war at the same time. Most people do not know that the emergency clause (with this Taiwan emergency story) is linked and progressing. The teacher argues about the sneaky way of using Corona as an excuse. "
Mr. Nagai "The government's corona policy basically relies on the self-restraint of the people and pushes the opposition of the people to force the Olympics. It has ended.
The United Kingdom and other countries are verifying it properly. It's bipartisan and includes members of the ruling party, but you've compiled a hundreds of pages of reports by examining the Boris Johnson administration's measures against corona. "
Iwakami "Far from verifying, Japan did not hold the Diet that the opposition requested."
Mr. Nagai "I had to hold the Diet because it was a" national crisis, "but it didn't open even if the opposition asked for it. It's a violation of Article 53 of the Constitution."
Iwakami: "1. Was it possible to force the medical facility to accept patients?" The medical system was tight and we were forced to take care of ourselves at home. bottom"
Mr. Nagai "The number one problem with Japan's corona countermeasures was the tightness of medical care. Japan has the largest number of beds per capita in the world, but only less than 1% accepts corona beds. UK 22.5%, US It is extremely low compared to 12.2%.
First of all, Japanese hospitals are mainly private and there are few public medical institutions, so it is a mistake to say that the government cannot force the acceptance of corona beds. The restaurant is a private company, but it is subject to strong business restrictions, isn't it? It is possible to impose public restrictions on private medical institutions. "
Iwakami: It's not just the problem of the hospital of the chairman of the Omi Subcommittee (Japan Community Health Care Organization JCHO, a public hospital under the jurisdiction of JCO). "
Mr. Nagai "Generally, it is considered to be a problem of public hospitals, but it is not. It is possible to request the acceptance of corona patients even in private hospitals. Doctors I have a sense of mission, so there are many places that will accept me if the environment is ready.
The question is whether the hospital's freedom of business, that is, the human right of "freedom of economic activity," can be restricted, but even Articles 12 and 13 of the Constitution are necessary for coordination with the human rights of others. It is allowed to be subject to minimal restrictions. "
Iwakami: "All the people are respected as individuals. The people's right to life, freedom and the pursuit of happiness is the greatest respect in legislation and other national affairs, as long as it does not interfere with the public welfare. "I need". I wonder if this "maximum respect" was done.
Mr. Takaichi (Sanae) wants to change "public welfare" into "public order". What are the dangers? "
Mr. Nagai "I want to restrict human rights for the benefit of the nation,'national interest'. Human rights are restricted for the benefit of the government, rather than adjusting each other's human rights in relation to each other. "For your country" is very dangerous. "
Iwakami: "You have to obey the order of the strong man with overwhelming power."
Mr. Nagai "Article 31 of the New Influx Special Measures Law states that" prefectural governors can request medical treatment from medical personnel and hospitals. "First of all, you can make a request.
Even so, if you do not respond to the request without a justifiable reason, you can instruct that "the Minister of Health, Labor and Welfare and the prefectural governor can instruct you to perform medical treatment." By law, an "instruction" is a de facto order. There are no penalties, though. "
Iwakami: Why didn't the government and the governors use this (new Influx Special Measures Law)? At this point, I feel something intentional. "
Mr. Nagai "Well, can you say that?
The national and prefectural governments should not only give orders, but also properly "take care to ensure the lives and health of medical personnel and take necessary measures to prevent danger" (Article 31, Paragraph 4). Payment of expenses (Article 62, Paragraph 2) such as "You must reimburse the actual expenses", "Medical institutions that cooperate with corona measures, support for medical personnel and other necessary measures", and compensation for damages (Article 63, Paragraph 1) ) It's been set properly. "
Iwakami: "Did you dislike this and didn't move? I can't trust it at all, the country. If you die from a side reaction of the vaccine, you will be compensated for 40 million yen. It's been a long time since it has nothing to do with it. "
Mr. Nagai "I don't know, but anyway, the" law "was complete. Isn't it a very good law?"
Mr. Nagai introduced the response of Jinkōkai Hospital in Kanagawa Prefecture, which accepted 180 corona beds, although there is a risk that private hospitals will accept corona patients.
At Jinkōkai Hospital, doctors and doctors received remote advice from specialists in the prefectural hospital, medical equipment was subsidized by the government, and the labor costs of nurses were covered by the prefecture's special allowance. Such financial backing and cooperation with local governments and medical institutions are also written in the "New Influx Special Measures Law".
Mr. Nagai "Local public organizations are also stipulated as" the responsibility to comprehensively promote measures against new influenza etc. implemented by related organizations "(Article 3.4), and it is said that it is the" responsibility "to respond. I have to do it. "
Iwakami: It has been pointed out that the bottleneck for corona countermeasures was the health center.
Mr. Nagai "Yes. There were 852 health centers in 1992, but in 2019 there were 472, a reduction of 45%.
There were 53 locations in Tokyo in 1995, but now there are only 23 locations in each ward.
In Osaka City, etc., 24 locations have been reduced to 1 location. This will collapse medical care. Naturally.
This should also be properly verified by the Diet. "
Iwakami: "Ishin is doing something like this. Isn't it a mismanagement to halve the health center? This should also be reconsidered in the Diet."
Nagai Attorney "The New Influential Special Measures Law is based on the" Disaster Countermeasures Basic Law "because infectious diseases are similar to disasters. The" Disaster Countermeasures Basic Law "is mainly based on the prefectures at the disaster site. However, for corona measures, the prefectural governors must be aware that they are "leaders" and utilize the Special Measures Law. "
Iwakami "Sure, there were some prefectures where the governor's leadership was shining."
Attorney Nagai "Kanagawa Prefecture is also doing well. Last May, Kanagawa Prefecture created a temporary medical facility to supply doctors. We also created a temporary medical facility. It's a Kanagawa model."
Next, the second problem was "Is it possible to set up a temporary medical weaving facility?" And the third problem is "Did you make use of the lessons of the past (lessons of the first wave)? Strengthening the PCR inspection system, National Institute of Infectious Diseases , Increasing the number of health centers, strengthening the organization with reference to the US CDC, etc. We listened carefully while unraveling the provisions of related laws.
Please see the full-length video for details.
