2012 Fiscal Year Final Research Report

Comparative studies on the protection of economic, social andcultural rights in regional Human Rights Systems

Research Project

Project/Area Number	22730039
Research Category	Grant-in-Aid for Young Scientists (B)
Allocation Type	Single-year Grants
Research Field	International law
Research Institution	Niigata University
Principal Investigator	WATANABE Yutaka 新潟大学, 人文社会・教育科学系, 准教授 (40554861)
Project Period (FY)	2010 – 2012
Keywords	国際人権法 / 社会権 / 地域人権条約
Research Abstract	The present study aims at analyzing the practice of regional HumanRights systems (Europe, Latin America and Africa), focusing on the realization of economic,social and cultural rights. As a result, it became clear that economic, social and culturalrights are incorporated in the practice of regional Human Rights system, although theserights are not clearly stated in the texts. Right to work and right to social security are thetypical examples of incorporation. However, the right to minimum standard of living isless incorporated. In addition, the legal basis and/or logical reasoning of incorporation ofeconomic, social and cultural rights is surely different in each of the regional HumanRights system. From the findings above, the next research question will be the logicalconstruction on the legal basis of economic, social and cultural rights in the context ofInternational Human Rights Law.