2007 Fiscal Year Final Research Report Summary
Basic Research on Indigenous Rights as Group Rights
| Project/Area Number |
17530026
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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 | Hokkaido University (2007)
Osaka City University (2005-2006) |
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Principal Investigator |
SASAKI Masatoshi Hokkaido University, Grad. School of Law, Professor (90215731)
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| Project Period (FY) |
2005 – 2007
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| Keywords | Indigenous Rights / Group Rights / Ainu People / Indigenous Peoples |
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| Research Abstract |
1. Aboriginal Rights in Canada
Section 35 of the Constitution Act, 1982 protects aboriginal rights which include the aboriginal title to land use, the right to fishing and hunting, and the right to self-government. The right to land and to fishing is held to be group rights.
2. Relation Between Individuals and Groups under the Constitution of Japan
The following points can be made concerning the relation between individuals and groups within the normative framework of the Constitution of Japan that provides the principle of respecting individuals by article 13 on the one hand and protects the freedom of association by article 21 on the other hand. First, individuals, as natural persons, originally enjoy human rights, second, freedom of forming, joining and withdrawing from associations is originally guaranteed to individuals, third, associations founded by the intention of individual members enjoy as associations certain human rights, fourth, certain association could exercise certain human rights collectively, which means that certain "collective human rights" could be constitutionally protected, even if the principle respecting individuals and autonomous decision of individuals is regarded as of fundamental importance, fifth, it is not always the case under the principle respecting individuals that the dignity of individuals can be maintained only when individuals are independent individuals, not members of groups and under the constitutional principle respecting individuals and autonomous decision of individuals, individuals should enjoy the freedom to decide the essential elements of his or her dignity and the methods of maintaining the dignity.
3. Possibility of Group Indigenous Rights
Under the normative framework of the Constitution of Japan, group indigenous rights are not denied in toto, if certain indigenous rights can be constitutionally protected.
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