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We must stop the simple distinction that we are victims of human rights violations.
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Human rights violation(Jinkenjurin) orHuman rights violationsWhat is (kenken)National power(Especially"Public authorityExerciseAdministrative body)ButConstitutionGuarantee ofBasic human rightsIs a term that refers to infringing (modern)jurisprudenceDefinition of the course. "# Human rights violations in lectures)). In addition, as a human being, face actors, bosses, employers, media, etc.Weak positionIs also used to illegally violate the human rights of people in# Human rights violations in humans)).
History and overview
Human rights abuses are a diverse concept. Historically,中 世からModern OfAbsoluteismUnder the power of the state such as the kingGovernanceIndividual (by control)human rightsThere is a history of writing texts for the purpose of not recognizing the restrictions of.The oldest enacted text isUnited Kingdom(England)ofMagna Carta(1215).Moreover, in England17st century OfCivil revolutionafter,Petition for rights,Bill of RightsEtc. are provided,kingArbitrary byTaxationOr unfairArrestEfforts have been made to eliminate such "human rights violations". As a representative thinker who became that theoretical pillar,Hobbs,LockCan be mentioned.A compilation of these ideasFrance OfRousseauIt is,French Revolution(1789--1799) andJapan OfMeiji Era OfFreedom Civil Rights MovementIt also had a great influence on (1874-around 1883).
But,中 世-ModernThe concept of human rights violations up toCapitalistclass(Bourgeoisie) Was limited to infringement of private property owned by (such as arbitrary taxation) and infringement of liberty, that is, personal freedom (such as unjust arrest by the king).And laissez-faire under such a concept of human rights (Lesse FehrAs a result, the social and economic hierarchy and class culture have advanced, and the lives of individuals in the lower classes have deteriorated significantly. From this reflection,World War IAfterGermanyEstablished byWeimar Constitution(German Constitution, 1919) for the first time as a basic human rightRight to lifeSuch asSocial rightsGuarantee was stipulated. However, in 1933HitlerWas established after the birth of the administrationPlenipotentiation ActThe legislation such as the (authorization law) makes the Weimar Constitution a mere form, and is the ultimate violation of human rights.genocideIt led to.
The following sections describe "human rights violations" (or "human rights violations") in the modern sense.
Human rights violations in lectures
現代 のjurisprudenceAccording to the academic definition ofHuman rights violationsIs guaranteed by the Constitutionhuman rightsIt means that the nation infringes.For example, depriving an individual of liberty or punishing him without good reason or procedure.In particular,Due processGuarantee of (Article 31 of the Constitution of Japan),Warrantism(Article 33) Deprives individuals of their freedomOther arrestThere is a view that there are many views that are human rights violations..
However, in JapanSupreme CourtThere are very few cases in which the exercise of public power by state power is unconstitutional (Unconstitutional examination standards,Obvious and present dangerEtc.).From this, it is said that the Japanese judiciary, in principle, takes a judicial reluctance principle and emphasizes the humility of the judiciary.
Recently,Right to control personal informationFrom the rise of new human rights awareness such asPoliciesThere is also a view that it is a "human rights violation" that the personal information belonging to the above is held by an administrative agency without a legitimate purpose or is not properly managed.In response to thisLaw Concerning Protection of Personal Information Held by Administrative OrgansHas been enacted, and sloppy management of personal information has come to be seen as a violation of human rights (or illegal acts).
Human rights violations as a human
"Human rights violations" and "human rights violations" used in a general sense often refer to this problem.
Constitutional provisions are in place to protect the activities of private individuals from the interference of state power. And in general, with regard to personal relationships, we eliminated interference by the statePrinciples of private autonomyIt has been entrusted to (laissez-faire).However, as a result, even private human beings have different relationships (for example, huge) than those between equal individuals.CompanyとWorker-consumerAndprivate schoolとStudentEtc.) has occurred. Due to such a rule-dependent relationship between the socially and economically strong and weak,Social rights,Labor right,Right to lifeNew human rights such asSecond World WarIt was also established in detail in the Constitution of Japan that was enacted later.
However, the provisions of the Constitution of Japan are generallyAbstract right"Or"Program rulesIt is believed that it is, and it is not a general view that the constitutional provisions are regarded as concrete rights. That is, define specific rightslawIs generally construed as not being conferred a specific right to an individual unless it is enacted. As an inside out, Japan裁判 所When making a legal decision on whether a person is a “human rights violation”,Principles of private autonomy-Freedom of contractIn consideration of the above, it is only necessary to consider the purpose of the Constitution in the interpretation and application of specific general provisions of the lawMy human potencyreference).
Examples of human rights violations by private persons
Here are some specific examples listed for human rights abuses.
Article 28 of the Constitution of JapanThe so-calledLabor rightAs a rule embodying (Basic Labor Rights),Labor Standards Act,Labor union law,Labor Relations Adjustment ActThe so-calledThree labor lawsThere is. Violate these lawsUnfair labor practices(Article 7 of the Trade Union Law) and so-calledService overtime(Violation of Article 37 of the Labor Standards Act) is this kind of "human rights violation", and each law andLabor Tribunal LawSuch asSpecial lawIn addition,Civil law-Civil Procedure CodeSuch asGeneral lawHowever, for each "human rights violation"PenaltiesAnd remedies are stipulated.
さ ら に,20st centuryFrom the end21st centuryIn Japan over the past, in the home where there was not much interference under the legal saying "The law does not enter the home"AbuseEtc. are being regulated by law.In particular,DV prevention law(2001 years),Elderly Abuse Prevention Law(2006) has been newly established. The fact that such laws have been enacted one after another recentlyDomestic violence,Elderly abuseIt can be said that the abuse of the vulnerable in the home is also a manifestation of the fact that Japanese society has come to regard it as "human rights violations in the legal sense".
Diverse views on human rights abuses and discrimination
However, seeing as a "social vulnerable person" with the disadvantages of being in a particular attribute fixes that particular attribute as being in a "low" position.DiscriminationView that it is a positive view and preferential treatment for "socially vulnerable people" (Affirmative Action) Is for those who are considered "social strong"Reverse discriminationThere is also a view that.. In this way, the problem of "human rights violations" in personal life isEqual rights(Article 14 of the Constitution of Japan) AndRight to pursue happiness(Article 13) Etc., and extremely diverse views are in conflict...Details will be given to each item and specialized books.
Human rights violations on an equal basis
"Human rights violations" are not a direct problem among equal private human beings.This is because each private person is a person who enjoys human rights independently.Whether or not there is so-called "human rights violations", that is, illegality in the legal sense in consideration of the purpose of the Constitution, in such equal private human beings is the interpretation and application of the general provisions of the specific law. In, it will be judged by relatively weighing the respective interests under the specific circumstances between the two parties (My human potency(See also indirect application theory).
Media and human rights abuses
Human rights violations by mass media
Traditionally, sending large amounts of information to the massesMass communicationIs a traditionalMass media(tv set,News (Chinese),radio,PublicationSuch asNews agency), it had to be a one-way distribution. By separating the mass media, which is the "sender of information," and the masses (general individuals) who are the "receivers of information,"Freedom of expression(Freedom of the press) Was unevenly distributed. For this reason, the mass media that is the "strong man" as an artist,Freedom of expression(Freedom of the press) Is fully exercised by theRight of privacy,Moral rightsInfringement of human rights has become a problem. As a typical example,Media damage,Media scrumAnd so on (Press damage #Freedom of press and human rights abusesreference). On the other hand, the media have come to a certain extent to prevent the exercise of human rights of excessive coverage by "self-regulation".
Human rights violations in the information society
1990From around the generationInformation societyWith the rapid development ofPC communication,インターネットFor example, a place where individuals can easily express themselves (new interactive "Mass media)) for "mass communication"Has expanded rapidly.Along with this, if an individual wishes, he / she can easily and inexpensively express his / her thoughts and opinions to the masses.Such expression activitiesFreedom of expression(Freedom of speech,Article 21 of the Constitution of JapanIt belongs to the category of 1). On the other hand, through such expressive activities,PoliciesThe "human rights" of others (each ""Right of privacy"Moral rights) Has come to conflict with matters belonging to the category.
And privacy violations on personal computer communication and the InternetLibelFor such things, one after anotherLawsuitHas been awakened..The court's judgment framework can be summarized as follows.In other words, it is extremely difficult to recover the right to privacy once it is disclosed and infringed, so it is easy to justify disclosure against the will of others in the name of freedom of expression. There is no.However, even if the honor and personality rights of equal private human beings are infringed by speech such as insulting remarks, they can be recovered by subsequent expression activities (counter-arguments, etc.).Therefore, we make careful legal judgments after weighing the equal human rights of "freedom of expression" and "personal rights" as equal private human rights under individual and specific circumstances (etc.). Value and profit balance).
In addition, プ ロ バ イ ダ ーGayawebIn 2001, the server installer, etc., aimed to promptly and appropriately respond to the infringement of the human rights (rights and interests) of others that occur in the distribution of information on the Internet.Provider Liability Limitation LawHas been enacted.See this item and external links for more information.
Remedies for human rights abuses
The following systems are available. See each item for details.
- Human rights violations by national power (administrative body)
- Administrative Appeal LawOpposition to the relevant administrative agency based on, against higher administrative agencies, etc.Request for examination・Request for re-examination
- Administrative case law-National compensation lawbased on裁判 所Filing a lawsuit against
- Japan Federation of Bar Associations, Each regionLawyerInitiatives to Relieve Human Rights
- Human rights violations in private humans
- (General human rights violations)Ministry of JusticeLegal Affairs BureauDamage report to the Human Rights Counseling Service of (Regional Legal Affairs Bureau/Branch) (#External link(See also "Ministry of Justice HP-If Human Rights Are Violated (For Those Victims of Human Rights Violations)")
- (Privacy exposure on the Internet, etc.)Provider Liability Limitation Lawbased onISP(Request for response, etc.)#External link-See also Ministry of Internal Affairs and Communications link and Teresa Kyo link)
- (Labor field)labor lawVarious relief systems based on (Labor Standards Inspection Office,Labor refereeSee also)
- Out-of-court dispute resolution procedures(ADR)
- Civil Procedure CodeA lawsuit to the court based on
- Criminal procedure codebased onCharges
- Japan Federation of Bar Associations, Each regionLawyerEfforts for human rights relief at the association, etc.
- ^ The term "human rights violations" is listed as a term in the field of law,# ReferencesIn addition to legal books such asBritannica Encyclopedia,World EncyclopediaSuch. Examples of administrative agenciesMinistry of JusticeSuch(外部 リンクreference). After making “human rights violations” synonymous with “human rights violations”Human rights violationThe meanings listed inKojien5nd edition,SanseidoDaijirin1nd edition,ShogakukanDaijisen1nd edition,Iwanami Japanese DictionaryThere is a sixth edition and so on.
- ^ National Diet Library. “I sometimes hear that "I sue for human rights violations", but with crimes and grounds such as human rights violations ...”(Japanese). Reference cooperative database. 2021/10/22Browse. “Search for the phrase“ human rights violations ”in the“ Japanese Language Dictionary ”(Shogakukan, R813).Generally, human rights violations are used, but in legal terms, the phrase human rights violations is used. ”
- ^ Magna Carta TheKing JohnIt was established for the purpose of not recognizing "human rights violations" such as arbitrary taxation.
- ^ HobbsIs one of the representative worksLeviathan』(1651), if each person exercises the natural right, he/she considers that the natural state will be in a state of conflict, and entrusts the government (king) with the right of self-preservation in such natural state in accordance with the law enacted by the king or the panel. I should say (Rule of lawPrinciple ofSocial contract theoryFounded). Absolute sovereignty against Hobbes' theory,AbsoluteismWas criticized for defending. As such criticism,LockIs in “” (1690), etc.Natural rightI advocated the idea. In other words, "natural state" is basically peaceful but there is no guarantee against infringement. The "private property" that is the consideration for labor must be guaranteed to the maximum extent. Resistance to justification is justified to defend one's private property. The idea of lock isHonorary revolution(1688) Became a theoretical pillar supporting the legitimacy ofBill of Rights(1689) Was affected.RousseauIs "Social contract theory], [Emile(1762), he continued to develop the idea of Locke. "Social Contract Theory"Nakae ChominTranslated into Japanese by (Civil translation]),Freedom Civil Rights MovementHad a great influence on.
- ^ BritannicaAccording to the views raised in the encyclopedia. However, the actualinvestigationOften used inOther arrestWhether or not the human rights are violated, and the limits in the case of non-human rights violations, the legal scholars and practitioners (Prosecutor,judge,LawyerEtc.) The views are widely divided. As a referenceInvestigation # ReferencesSee also
- ^ Such views, which are relatively common, are summarized, for example, in the “Affirmative Action” section of the Encyclopedia Britannica.
- ^ Equal Employment Act(1985In the "Working Women's Welfare Law" was enacted, the basic principles at the time of enactment were that "the female workers should not be discriminated against by gender" and "respect for motherhood" (prior to the revision, Article 2). ). However, the need to correct "male discrimination" has come to be pointed out,2006Amendment of law (2007(Scheduled to take effect on April 4), "workers will not be discriminated against by gender regardless of gender" has been stipulated as a basic philosophy of the law (Old and new comparison tablereference). Also,handicappedRegarding the problem of countermeasures, it is said that considering people with disabilities as "socially vulnerable people" and taking measures that are biased toward people with disabilities will close the way to social participation.Right to self-determinationRespect andNormalizationThe idea of is being emphasized. However, regarding changes in recent measures,financeThe aspect of the surface, that is,社会 保障Criticism that the purpose of curbing expenses is large is deep-rooted (Disability Independence Support ActEtc.).
- ^ インターネットNew such asMediaThere is debate about whether (media) is included in the category of "mass media" or "mass communication".
- ^ As a privacy disclosure case, the defendant who repeatedly wrote harassment including privacy information on an electronic bulletin board on the Internet was ordered to pay 550 million yen.JudgmentEtc. (Tokyo District CourtHachioji Branch, August 2002, 14).Also, as a prominent case,Niftyserve Contemporary Thought Forum Case(Second trial decision,Tokyo High Court On September 2001, 13 (Heisei 9), Nifty andSysopDenies their responsibility. On the other hand,Niftyserve Book and Magazine Forum Case(Second judgment, TokyoDistrict court2001(Heisei(13 years) August 8, Judgment/Judgment time report 27 page 1778, Case Times 90 page 1086, mediaTop XNUMX cases112 case)OppositionOf the law (for the infringement of honor due to speech in an equal footing, the law that should be restored by refuting in speech, etc.). See each item for details.
- ^ Akashi bookstoreFrom "The Nichibenren Bar Association Case Studies on Human Rights Relief: Aiming to Eliminate Human Rights Violations" (ISBN-4 750 30753-X-) Has been published (1995)
- Nobuyoshi AbeAuthor/Kazuyuki TakahashiRevision "Constitution" Iwanami Shoten, 2002,ISBN-4 000-22727-0
- Toshihiko Nonaka-Mutsuo Nakamura・Kazuyuki Takahashi・Takami victoryCo-authored, "Constitution I", Yuhikaku, 2006,ISBN-4 641-12998-3
- Other,footnoteSee also the documents listed in.
- human rights
- Constitution-Universal Declaration of Human Rights-International human rights agreement
- Ministry of Justice - Human Rights Bureau - Legal Affairs Bureau
- Telecom Service Association(Theresa Cooperation)
- Mental Health and Welfare Law (Mental Health and Welfare for Persons with Mental Illness)
- Provider Liability Limitation Law
- Utsunomiya Hospital Incident
- Fingerprint imprint rejection movement
- Ethnic cleansing
- Ministry of Justice HP --If human rights are violated (for those who have been victims of human rights violations)
- Ministry of Internal Affairs and Communications Press Materials"Strengthening efforts for human rights violations on the Internet (smooth deletion of information on human rights violations on the Internet in juvenile cases, etc.)" (July 16, 7)
- Provider Liability Limitation Law Compliant Business Council HP
- (PDF) "Provider Liability Limitation Law Defamation / Privacy Guidelines" (Revised October 2004)