国際人権規約の批准とその法的効果

Legal effects to be brought about by the ratification of the international covenants on human rights

Kodera Sayoko

広島平和科学

Hiroshima Peace Science

[PISSN] 0386-3565

[EISSN] 2434-9135

[NCID] AN00213938

On the 22nd of June, 1979, Japan finally ratified the two internationalcovenants on human rights (International Covenant on Economic, Social andCultural Rights, and International Covenant on Civil and Political Rights)which were adopted and opened for signature, ratification and accession byGeneral Assembly Resolution 2200 A(XX1) of 16 December 1966, and enteredinto force in 1976. Before this ratification, Japan had signed the two Covenantson the 30th of May, 1978. She did not, however, sign nor ratify theOptional Protocol to the International Covenant on Civil and Political Rights.She also did not opt to make declation under Article 41 of the Covenant onCivil and Political Rights. Any way, after a prolonged debate at the NationalDiet, Japan has come to make up her mind to be a member of the internationalinstruments for the protection of human rights. Both Covenants were put in force for Japan from the 21st of September 1979.The present thesis, consisting of four chapters, studies various legal effectswhich are to be brought about as a result of ratification of the InternationalCovenants on Human Rights. In the first Chapter, 'Introduction', theimportance and significances of the international protection of human rights(Section I), the process to enact the International Bill of Human Rights whichincludes the Universal Declaration of Human Rights beside the above mentionedthree treaties (Section 111, and Japan's attitudes towards the HumanRights Bill (Section 111) are generally stated.The second Chapter titled 'Legal Effects in General Which Are to Be Resultedfrom the Ratification of the Covenants' expounds those questions ofwhat legal obligations will be incumbent upon states parties to the Covenants(Section I), how those obligations of each state may be exempted (Section11), who will enjoy these human rights provided for in the Covenants (Section111), and how the enjoyment of some human rights by certain kinds of individualswill be restricted (Section IV).Then in the third Chapter, 'Legal Effects upon Japan to

Peace Science [ 319 ]

jpn

広島大学平和科学研究センター

[ISSN] 0386-3565

[NCID] AN00213938