OIS Lecture UDHR 9 th January 2008 By

OIS Lecture UDHR 9 th January 2008 By Etsuro Totsuka LL. M. Dr. Prof. of Ryukoku University

The importance of 2008 n n n 10 December 2008 60 th Anniversary of the UDHR q q http: //www. ohchr. org/EN/U DHR/Pages/60 UDHRPhoto Gallery. aspx last visited on 27 December 2007

The UN Campaign for UDHR at: http: //www. ohchr. org/EN/UDHR/Pages/60 UDHRIntroduction. aspx

What is the UDHR? n How was it made? q n The GA of the UN declared it. What was declared was q a set of principles of human rights.

What are human rights? Inalienable rights possessed by human beings: Men and women

I was asked a question in June 2002 by n The Special Committee of the House of Councilors of the National Diet n The title of my speech was to be q 「人権の国際化」: q “Internationalization of Human Rights”

The National Diet of Japan: last visited on 27 December 2007 http: //www. sangiin. go. jp/japanese/frameset/fset_e 05_01. htm

“Internationalization of Human Rights” n What are the contents of the question? q q q n 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. 524 http: //www 2. ohchr. org/english/issues/education/training/docs/UNYearbook. pdf

The Japanese practicing lawyers’ view: n My former colleagues and I myself shared this view without any serious research. q q q n 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? n What happened to Galilei, whose view was different from then authorities and many scientists ? q n It is very interesting and exciting to research into the 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: q In library and internet too these days.

First, researches to be done: n n When was the idea of HR born and declared by which state? Are the following statements right? q q n 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 q q n http: //www. yale. edu/lawweb/avalon/states/va 05. 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 n The unanimous Declaration of the thirteen united States of America q q n 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 women Thus, they did NOT mean human beings

In the U. S. A. , evidence No. 1: n The Equal Rights Amendment of the Constitution q q q It is still being tried, but failing. http: //en. wikipedia. org/wiki/Equal_Rights_Amendment last visited on 27 December 2007

1789 in France n Declaration des droits de l'homme et du citoyen. q q n n http: //www. conseil-constitutionnel. fr/textes/d 1789. htm last visited on 27 déc. 07 Art. 1 er. « Les hommes naissent et demeurent libres et égaux en droits. » q What does“Les hommes” mean?

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 n “Men are born and remain free and equal in rights. ” q Unable to revisit on 28 December 2007

In France, evidence No. 2: Olympe de Gouges –last visited on 27 December 2007 –http: //upload. wikimedia. org/wikipedia/commons/8/8 f/Olympe. De. Gouge. jpg

1791 in France n n Olympe de Gouges claimed the need for Déclaration des droits de la femme et de la citoyenne q q http: //fr. wikipedia. org/wiki/D%C 3%A 9 claration_des_d roits_de_la_femme_et_de_la_citoyenne last visited on 27 December 2007

1889 in Japan n The Constitution of the Great Japanese Empire q q n http: //www. houko. com/00/01/M 22/000. HTM last visited on 27 December 2007 Chapter 2: Rights and Duties of the Subjects q q q 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 against.

In Japan, evidence No. 3 : n n n Women could not vote The first election that women participated Held on 10 April 1946. q q http: //ja. wikipedia. org/wiki/ %E 5%A 5%B 3%E 6%80%A 7%E 5%8 F%82%E 6%94% BF%E 6%A 8%A 9 last visited on 28 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 n n Paris Peace Conference The League of Nations q q http: //www. indiana. edu/~le ague/ 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 n (Including Amendments adopted to December, 1924) q q n http: //www. yale. edu/lawwe b/avalon/leagcov. htm last visited on 27 December 2007 It did not include the term, HR http: //www. angelfire. com/mi 3/ww 1/president. html

1944 in Philadelphia n n n International Labour Organization Declaration concerning the aims and purposes of the International Labour Organization in Philadelphia q q 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 n “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? n How was it made? q q n http: //www. ohchr. org/EN/UDHR/Pages/60 UDHRPhot o. Gallery. aspx last visited on 27 December 2007 The process starts from 1 January 1942.

1 January 1942 in Washington D. C. n n United Nations declared in the preamble of 1942 Declaration by the United Nations q q http: //en. wikisource. org/wiki/Declaration_by_the_Unit ed_Nations last visited on 28 December 2007

Human Rights included in the Declaration n “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, …” q The idea of HR, for the first time, was included in a United Nations’ Declaration.

On 27 June 1945 n The Charter of the United Nations q q n 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. q Thus, it became a part of international law.

Article 1 of the UN Charter n The Purposes of the United Nations are: q 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 q q http: //www. un. org/av/photo/cats/un_history. html last visited on 27 December 2007 n Finally, women were included and n the term HR was introduced into a major treaty.

GA resolution n n General Assembly Resolution 217 A (III) of 10 December 1948 International Bill of Human Rights q q http: //daccessdds. un. org/doc/RESOLUTION/GEN/ NR 0/043/88/IMG/NR 004388. pdf? Open. Element last visited on 28 December 2007

A set of human rights standards. q q n http: //www 2. ohchr. org/english/issues/education/trainin g/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. q This day was later made as Human Rights Day by the GA.

UDHR/English q q n http: //www. unhchr. ch/udhr/lang/eng. htm last visited on 28 December 2007 Article 1 q All human beings are born free and equal in dignity and rights.

Article 2 n Everyone is entitled to all the rights and freedoms 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 n 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 n The New Constitution of Japan was proclaimed q q http: //www. solon. org/Constitutions/Japan/English/engli sh-Constitution. html last visited on 28 December 2007

CHAPTER III: n n RIGHTS AND DUTIES OF THE PEOPLE Article 10: q The conditions necessary for being a Japanese national shall be determined by law.

Article 11: n 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: n 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: n All people shall have the right to receive an equal education correspondent to their ability, as provided for by law.

In Japan n n 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: n The issue must be: q n 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?