窪 誠

国際法の基本構造自体が、マイノリティ・先住民族問題を法的にどのように規定してきたのかを、歴史的も明らかにする。

Since Japan's ratification of the International Covenant of Civil and Political Rights in 1979, the Japanese government has submitted six state reports explaining the human rights situation in Japan. On all occasions the United Nations Human Rights Committee questioned the concept of "public welfare" contained in the Japanese Constitution, suggesting it allowed for a general restriction on human rights in the Constitution. This article clarifies the different viewpoints between the Japanese government and the UNHR Committee as they are found through an analysis of the state reports and the dialogue held between the two parties.Since Japan's ratification of the International Covenant of Civil and Political Rights in 1979, the Japanese government has submitted six state reports explaining the human rights situation in Japan. On all occasions the United Nations Human Rights Committee questioned the concept of "public welfare" contained in the Japanese Constitution, suggesting it allowed for a general restriction on human rights in the Constitution. This article clarifies the different viewpoints between the Japanese government and the UNHR Committee as they are found through an analysis of the state reports and the dialogue held between the two parties.