杉浦 一孝 名古屋大学, 法学部, 教授 (40154463)
UENO Tatsuhiko Mie University, Faculty of Humanities and Social Sciences, Professor, 人文学部, 教授 (40115689)
TAKEMORI Masataka Tokyo Metropolitan College, Professor, 教授 (90111062)
MORISHITA Toshio Kobe University, Faculty of Law, Professor, 法学部, 教授 (90107920)
OHE Taiichiro Shizuoka University, Faculty of Humanities and Social Sciences, Professor, 人文学部, 教授 (00097221)
UEDA Kan Ritsumeikan University, Faculty of Law, Professor, 法学部, 教授 (90093195)
|Budget Amount *help
¥5,200,000 (Direct Cost : ¥5,200,000)
Fiscal Year 1999 : ¥1,400,000 (Direct Cost : ¥1,400,000)
Fiscal Year 1998 : ¥1,800,000 (Direct Cost : ¥1,800,000)
Fiscal Year 1997 : ¥2,000,000 (Direct Cost : ¥2,000,000)
1. The notion of "human rights" , negatively perceived in the Soviet Union under socialism, got to be recognized in the process toward adoption of the Constitution of the Russian Federation in 1993. This fact can be explained in the three contexts : a change of value system from the state-oriented one to that based on human dignity of individuals, an ideological justification of the transition from state-ownership dominated economic system to private-ownership dominated one (capitalist system) by referring to "ownership as a human right" and recognition of priority of the international legal norms. At the same times, there are possibilities of a kind of backlash in each context. Explaining difficulties in implementation of human rights, some pay more attention to concrete problems in the period of systemic transformation, others attach more importance to the traditional legal culture of Russia.
2. One of the most important elements of the human rights securing mechanism is the newly e
stablished Constitutional Court, that can be proved by its many decisions. Various human right problems are noticed though activities of the human rights ombudsman. At the same time there are several unsolved problems, for instance, lack of new laws in some important fields such as criminal procedure code, dysfunction of the court system, disputes on the role of the public prosecution.
3. The above-mentioned findings are based on the research of legislations, interpretations of the constitutional norms by the doctrine, courts practices and so on concerning the following issues ; right to citizenship, rights of national minorities, privacy, secrecy of correspondence, non-invasion into residence, freedom of change of residence, freedom of thought and speech, freedom of association, right to meetings, suffrage, ownership, freedom of work, right of social security, rights of children, right to housing, environmental right, human rights of crime victims and the general situation of the crime in present Russia. Less