人権を侵害された個人がもとめうる国際的救済

International remedies to which private victim individuals of human rights violations may resort

小寺 初世子

広島平和科学

Hiroshima Peace Science

[PISSN] 0386-3565

[EISSN] 2434-9135

[NCID] AN00213938

Among three main measures of implementation which are provided for in the 'International Covenant on Civil and Political Rights' and6'0ptional Protocol' attached thereto; i.e., (1) Government Reporting (cf. Art. 40 of the Covenant), (2) State Communication (cf. Art. 41 of the Covenant), and (3) Private Individual's Communication (cf. Art. 2 of the Optional Protocol); it is the last one that is supposed to be the most effective. Besides the Optional Protocol to the International Covenant on civil and Political Rights, such human rights treaties as the 'International Convention on the Elimination of all Forms of Racial Discrimination', the 'Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment', and some of regional treaties such as the 'European Convention of Human Rights', the 'American Convention on Human Rights', or the 'African Charter of Human Rights', also provide for the individual communication as one of their measures of implementation. Even though Japan is not a State Party to any of these treaties, we may enjoy this measure of implementation, when we happen to be subjects to the jurisdiction of states which have ratified or acceded to these treaties. Therefore, it should be important to study the Provisions relating to this system. The paper is divided into 5 Sections. Following the Introductory Section, the practical ways and means for individual victims to submit communications to the Human Rights Committee which is the treaty body established by the Covenant are dealt with in the Section I. In the Section 11, the proceedings to be taken by the Committee for the consideration of the communications are descrived. And in the following Section, three typical cases are briefly introduced: in the 1st case, though declared admissible, no violation of the treaty provisions was found; in the 2nd case which was also declared admissible, the Committee found violation of provisions of the Covenant; and in the 3rd case, the Committee declared it to be inadmissible. In the last

平和学 [ 319 ]

日本語

広島大学平和科学研究センター

[ISSN] 0386-3565

[NCID] AN00213938