OIS Lecture UDHR
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Transcript of OIS Lecture UDHR
OIS Lecture UDHR
9th January 2008By Etsuro TotsukaLL.M. Dr. Prof. of Ryukoku University
The importance of 2008 10 December 2008 60th Anniversary of the UDHR
http://www.ohchr.org/EN/UDHR/Pages/60UDHRPhotoGallery.aspx
last visited on 27 December 2007
The UN Campaign for UDHR at:http://www.ohchr.org/EN/UDHR/Pages/60UDHRIntroduction.aspx
What is the UDHR? How was it made?
The GA of the UN declared it.
What was declared was a set of principles of human rights.
What are human rights?
Inalienable rights possessed byhuman beings:Men and women
I was asked a question in June 2002 by The Special Committee of the House of
Councilors of the National Diet
The title of my speech was to be 「人権の国際化」 : “Internationalization of Human Rights”
The National Diet of Japan:
http://www.sangiin.go.jp/japanese/frameset/fset_e05_01.htmlast visited on 27 December 2007
“Internationalization of Human Rights”
What are the contents of the question? The MDs might have thought: HR were originally guaranteed inside
domestic states Then, HR were internationalized.
Is this view supported by the thoughts that many people share?
Yes, it was supported even by a UN document.
UN Year book 1948-49, p.524http://www2.ohchr.org/english/issues/education/training/docs/UNYearbook.pdf
The Japanese practicing lawyers’ view: My former colleagues and I myself shared
this view without any serious research. Was it supported by evidence? We can find that in many states, their constitutions
had provisions for protection of some rights of the nationals of each domestic state.
Each constitution had different provisions.
Were those rights called as “human rights”?
In cases, where many people say so, is it always right? What happened to Galileo Galilei, whose vie
w was different from then authorities and many scientists ? It is very interesting and exciting to research into t
he area, where very few people are interested in, or to critically challenge the established view, if it is wrong.
We need, however, to research first: In library and internet too these days.
First, researches to be done: When was the idea of HR born and
declared by which state? Are the following statements right?
1. A set of HR was declared by North Americans in 18 century.
2. A set of HR was declared by French in 18 century.
When was it internationally accepted?
The Constitution of Virginia: June 29, 1776
http://www.yale.edu/lawweb/avalon/states/va05.htm
last visited on 27 December 2007
“SECTION 1. That all men are by nature equally free and independent, and have certain inherent rights,…”
In Congress, July 4, 1776 The unanimous Declaration of the thirteen uni
ted States of America http://www.usconstitution.net/declar.html last visited on 27 December 2007
“…. all men are created equal”
Was it true?
A set of HR was declared by North Americans in 18 century.
In my interpretation,
These “men” did NOT include womenThus, they did NOT mean human beings
In the U.S.A., evidence No. 1:
The Equal Rights Amendment of the Constitution It is still being tried, but failing. http://
en.wikipedia.org/wiki/Equal_Rights_Amendment last visited on 27 December 2007
1789 in France Declaration des droits de l'homme et du
citoyen. http://www.conseil-constitutionnel.fr/textes/
d1789.htm last visited on 27 déc. 07
Art. 1er. - « Les hommes naissent et demeurent
libres et égaux en droits. » What does“Les hommes” mean?
In Japanese translation This was translated into 「人」
高木・末延・宮澤編『人権宣言集』岩波文庫、 134~140頁[山本桂一氏担当部分]
Was it true?
A set of HR was declared by French in 18 century.
In my opinion
This should have been 「男」戸塚悦朗『国際人権法入門』明石書店2003,p.16.
Translation by the French Government “Men are born and remain free and
equal in rights.” Unable to revisit on 28 December 2007
In France, evidence No. 2: Olympe de Gouges
–http://upload.wikimedia.org/wikipedia/commons/8/8f/OlympeDeGouge.jpg
–last visited on 27 December 2007
1791 in France Olympe de Gouges claimed the need
for Déclaration des droits de la femme et
de la citoyenne http://fr.wikipedia.org/wiki/D%C3%A9clarati
on_des_droits_de_la_femme_et_de_la_citoyenne
last visited on 27 December 2007
1889 in Japan The Constitution of the Great Japanese Empir
e http://www.houko.com/00/01/M22/000.HTM last visited on 27 December 2007
Chapter 2: Rights and Duties of the Subjects No terms such as HR can be found in it. Only the subjects of the Empire were given the rights. Under the constitution, women were discriminated agai
nst.
In Japan, evidence No.3 : Women could not
vote The first election
that women participated
Held on 10 April 1946. http://ja.wikipedia.org/
wiki/%E5%A5%B3%E6%80%A7%E5%8F%82%E6%94%BF%E6%A8%A9
last visited on28 December 2007
Conclusion of my research:
The assumption that HR were originally guaranteed in domestic states was wrong.
Then, what about in
The international community?
1919 in Paris Paris Peace Conference The League of Nations
http://www.indiana.edu/~league/
last visited on 27 December 2007
http://www.ilo.org/public/japanese/region/asro/tokyo/about/ilohistory.htm
The Covenant of the League of Nations (Including Amendments
adopted to December, 1924) http://
www.yale.edu/lawweb/avalon/leagcov.htm
last visited on 27 December 2007
It did not include the term, HR http://www.angelfire.com/mi3/ww1/president.html
1944 in Philadelphia International Labour Organization Declaration concerning the aims and purpose
s of the International Labour Organization in Philadelphia
http://www.ilo.org/wttglobal/About_the_ILO/Origins_and_history/Constitution/index.htm#annex
last visited on 27 December 2007
Text of the 1944 Declaration “Ⅱ(a) all human beings, irrespective of
race, creed or sex, have the right to pursue both their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity”
What is the UDHR? How was it made?
http://www.ohchr.org/EN/UDHR/Pages/60UDHRPhotoGallery.aspx
last visited on 27 December 2007
The process starts from 1 January 1942.
1 January 1942 in Washington D.C. United Nations declared in the preamble of 1942 Declaration by the United Nations
http://en.wikisource.org/wiki/Declaration_by_the_United_Nations
last visited on 28 December 2007
Human Rights included in the Declaration “Being convinced that complete victory
over their enemies is essential to defend life, liberty, independence and religious freedom, and to preserve human rights and justice in their own lands as well as in other lands,…” The idea of HR, for the first time, was
included in a United Nations’ Declaration.
On 27 June 1945 The Charter of the United Nations
http://www.un.org/aboutun/charter/ last visited on 27 December 2007
The term HR was, for the first time, included in the basic treaty of the United Nations, the newly created world body. Thus, it became a part of international law.
Article 1 of the UN Charter The Purposes of the United Nations are:
3. To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and
UN Photoes http://www.un.org/av/photo/cats/
un_history.html last visited on 27 December 2007
Finally, women were included and
the term HR was introduced into a major treaty.
GA resolution
General Assembly Resolution 217 A (III) of 10 December 1948
International Bill of Human Rights http://daccessdds.un.org/doc/RESOLUTION/
GEN/NR0/043/88/IMG/NR004388.pdf?OpenElement
last visited on 28 December 2007
A set of human rights standards.
http://www2.ohchr.org/english/issues/education/training/udhr.htm
last visited on 28 December 2007 On 10 December 1948, 60 years ago,
the GA of the UN adopted the draft declaration that was proposed by the Commission on Human Rights. This day was later made as Human Rights
Day by the GA.
UDHR/English http://www.unhchr.ch/udhr/lang/eng.htm last visited on 28 December 2007
Article 1 All human beings are born free and equal in dignity
and rights.
Article 2 Everyone is entitled to all the rights and freed
oms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Article 23
1.Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
2.Everyone, without any discrimination, has the right to equal pay for equal work.
Article 26 Everyone has the right to education.
At last, for the first time,
a full set of HR was declared by the international organization, the United Nations!!!
Earlier, on 3 November 1946 The New Constitution of Japan was proclaime
d http://www.solon.org/Constitutions/Japan/Englis
h/english-Constitution.html last visited on 28 December 2007
CHAPTER III: RIGHTS AND DUTIES OF THE PEOPLE Article 10:
The conditions necessary for being a Japanese national shall be determined by law.
Article 11: The people shall not be prevented from
enjoying any of the fundamental human rights. These fundamental human rights guaranteed to the people by this Constitution shall be conferred upon the people of this and future generations as eternal and inviolate rights.
Article 14: All of the people are equal under the
law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin.
Article 26: All people shall have the right to
receive an equal education correspondent to their ability, as provided for by law.
In Japan Although the Constitution uses the term
HR, “human rights” And women are included HR is only for “the people” 「国民」 It is Not meant for all human beings, or
anyone, therefore, foreigners are excluded from its guarantee.
My answer to the Diet: The issue must be:
Political decisions for domestic implementation of the principles of HR, which were, for the first time, internationally guaranteed by human race.
How can states effectively implement the UDHR in each country?
What can we do for it?
To achieve effective domestic implementation of IHRL.
What else can we do?
Going to the UN to use the IHRL mechanisms.
IHRL bodies http://
www2.ohchr.org/english/bodies/index.htm
last visited on 28 December 2007
Human Rights Council
Treaty bodies