| Project/Area Number |
15330012
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
International law
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| Research Institution | Kyoto Human Rights Research Institute |
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Principal Investigator |
UEDA Masaaki Kyoto Human Rights Research Institute, Director, 理事長, 研究職 (90026708)
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| Co-Investigator(Kenkyū-buntansha) |
ANDO Nisuke Doshisya University, Faculty of Law, Professor, 法学部, 教授 (20026777)
NISHII Masahiro Kyoto University, Graduate School of Human and Environmental Studies, Professor, 大学院・人間・環境学研究科, 教授 (60025161)
YAKUSHIJI Kimio Ritsumeikan University, Faculty of Law, Professor, 法学部, 教授 (50144613)
SAKAMOTO Shigeki Kobe University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (20117576)
TANAKA Norio Ryukoku University, Law School, Professor, 法科大学院, 教授 (40148391)
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| Project Period (FY) |
2003 – 2005
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| Project Status |
Completed (Fiscal Year 2005)
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| Budget Amount *help |
¥12,900,000 (Direct Cost: ¥12,900,000)
Fiscal Year 2005: ¥3,700,000 (Direct Cost: ¥3,700,000)
Fiscal Year 2004: ¥5,200,000 (Direct Cost: ¥5,200,000)
Fiscal Year 2003: ¥4,000,000 (Direct Cost: ¥4,000,000)
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| Keywords | International Human Rights Law / International Covenant on Civil and Political Rights / Follow-up Activities / Consideration of Communications Under the Optional Protocol / Consideration of Reports Submitted by States Parties / Human Rights Committee / UN Human Rights Conventions / Concluding Observations / 規約人権委員会(自由権規約委員 / 規約人権委員会(自由権規約委員会) |
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| Research Abstract |
In 1990, the Human Rights Committee, monitoring body of the International Covenant on Civil and Political Rights, established a procedure for the monitoring of follow-up to its Views under article 5, paragraph 4, of the Optional Protocol, and began to request follow-up information from States parties in respect of all Views with a finding of a violation of Covenant rights.
In this research, we selected 40 States parties with record of submission of follow-up replies from more than 100 States parties which ratified the Optional Protocol, and looked into how and to what extent a remedy requested by the Committee has been provided to the complainant. Over 100 individual communications were under our scrutiny, and for each case, summary of the complaint, a View of the Committee where a violation of the Covenant rights are identified, a remedy recommended by the Committee, follow-up information received by the State party and the complainant are presented with analytical comments and evaluat
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ions. The work would be complied into database, thereby serving as a comprehensive resource base to understand follow-up procedure and its implementation stipulated in the Optional Protocol of the International Covenant on Civil and Political Rights.
Analysis of the follow-up procedure and its implementation was also conducted in terms of the follow-up to the States reports on the implementation of the Covenant. Nine States parties that have submitted follow-up information as required in the Concluding Observation were chosen and research was undertaken whether the recommendations were properly implemented. Research discussions centered on cultural, customary and legal background and factors that have facilitated, or hampered, the implementation of issues presented in the Concluding Observation.
From the research, it has been made clear that many of the human rights issues in question in the Committee reflect cultural, customary, religious and social structures and practices in each State party. Efforts toward full realization of universal human rights in multicultural society, therefore, requires analysis that recognizes cultural diversities of respective societies beyond analysis at the level, and from the perspective of normative provisions and practices. Less
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