Technology, Environment and Human Rights Theory
Grant-in-Aid for Scientific Research (C)
|Allocation Type||Single-year Grants|
|Research Institution||Faculty of Law, Waseda University|
KOJI Tonami Faculty of Law, Waseda University, Faculty of Law, Professor (00103911)
|Project Period (FY)
1998 – 1999
Completed(Fiscal Year 1999)
|Budget Amount *help
¥2,400,000 (Direct Cost : ¥2,400,000)
Fiscal Year 1999 : ¥900,000 (Direct Cost : ¥900,000)
Fiscal Year 1998 : ¥1,500,000 (Direct Cost : ¥1,500,000)
|Keywords||Technology / Human Rights / Reproductive Technology / Environment / Academic Freedom / freedom of study / Human Dignity / Human Clone / 高度医療技術 / 科学技術の法的統制 / ヒト・クローン / クローン研究 / 体外受精 / 個人の尊厳 / 生命倫理 / 人権理論|
The purpose of this research was to inquiry into the possibility and the limit of control the highly developed technology from the viewpoint of human rights theory. For this purpose the following researches were done.
(1) Analysis of the development of technology and its control
There seems to infringement of human rights by mans of developments of high technologies, especially it seems necessary to control of human cloning. Academic freedom is indeed indispensable for development of technology, but restriction of study in the field of high technology is also indispensable to prevent the serious and irreversible danger of high technology or reproductive medicine technology. The principle "human dignity" might surve as a basic ground for the restrictions of study, although it is not necessarily clear in a concept. However, prudent regulation is expected in order to prevent progress of science.
(2) Analysis of the protection of human rights by judicial review
The praxis of judicial review by the German federal constitutional court produces many significant judgments of unconstitutionality by outstanding constitutional interpretation. The function and mechanism of the protection of human rights by German Fedaral Constitutional Court was inquired. Also the inactive judicial revierw in Japanese Supreme Court was analized critically in relation to a "judicial reform" of Japan.
(3) Introduction of an overseas election
The overseas election system was not introduced in Japan till 1998. Then, in order to aim at the introduction, the investigation of the overseas election system in foreign countries and the argument of its introduction was performed.
(4) Analysis of victim's human rights
In relation to the discussion of the right of the crime victim, which showed the rise of public opinion those days, the victim's right was considered from the standpoint of the human rights theory.
Research Products (33results)