Abstract: Since the present Constitution was enacted in 1947, Japan has been pursuing respect for fundamental human rights as a constitutional principle and is now a member state of the major human rights treaties adopted by the UN. However, as a country located in the Far East, Japan is in a unique and isolated position in the global human rights regime. This article analyses Japan’s response to recommendations from the human rights treaty bodies, and shows its reluctant response to be passive, delaying, partial, and inconsistent. Notwithstanding those flaws, the author proposes Japan take positive steps to contribute to further advancement of international human rights values both at the domestic and global levels. The principle of subsidiarity interpreted along with the concept of constitutional pluralism should work as a framework both for improving “constructive dialogue" with the treaty bodies and promoting respect for human rights worldwide.
Japan’s response to the state reporting system under the UN human rights treaties: A critical analysis from the point of the subsidiarity principle at a global level
AbhandlungenYasuzo Kitamura**This paper is the extended version of my manuscript presented at the conference on “Significance of the European System for Human Rights beyond Europe and Interaction with Asia", joint conference organised by Vienna Journal on International Constitutional Law, Center of Asian Legal Exchange (CALE), and Nagoya University, held at Vienna University of Economics and Business, Vienna on 12-13 September 2014. The author expresses special acknowledgements to Professor Christoph Bezemek for his effort for publishing this article and to the participants at the conference who gave the author insights through discussion. The author also wishes to pay special appreciation to Professor Dan Rosen, my colleague at Chuo Law School, for his helpful assistance in checking manuscript.JRP 2015, 78 Heft 1 v. 1.1.2015
