2004 Fiscal Year Final Research Report Summary
A Comparative Constitutional Law Study on the National Human Rights Commission in the Asia-Pacific Area.
| Project/Area Number |
15530025
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | Omiya Law School (2004)
Asia University (2003) |
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Principal Investigator |
INA Masaki Omiya Law School, Professor, 法務研究科, 教授 (00113655)
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| Project Period (FY) |
2003 – 2004
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| Keywords | Protection and promotion of human rights / Regional human rights protection machinery / the effectiveness of national human rights commission |
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| Research Abstract |
By this study I can confirm that the national human rights commission in the Asia-Pacific area has played an active part of promoting and protecting of human rights along its establishment objectives. Typical national human rights commission is useful of human rights protection and supervising the administrative activities, though it cannot has the binding decision force against the human rights violation complaints and the administrative erroneousness. National human rights commission in the Asia-Pacific area provides a valuable forum of remedy and inquiry of human rights violation in the situation of fragile, time-consuming and powerless judicial institutions in the time of democratization.
We can conclude that the efficient functioning of the national human. rights commission depends on the following factors ; the democratic governance structure of the state ; the degree of independence of the commission from government ; the extent of the commission's jurisdiction ; the adequacy of the powers given to the commission, including the power to investigate ; the accessibility of the commission to members of the public ; the level of cooperation of the commission with other bodies ; the operational efficiency of the commission ; the accountability of the commission, the personal character of the person(s) appointed to head the commission ; the behavior of government in not politicizing the commission and in having a receptive attitude toward its activities ; and the credibility of the office in the eyes of the populace.
Lastly I can evaluate the recent development of the regional cooperation and the technical assistance of the Asia Pacific Forum of National Human Rights Institutions
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