Civil and political rights in Japan : a tribute to Sir Nigel Rodley / edited by Saul J. Takahashi.

Contributor(s): Takahashi, Saul [editor.] | Rodley, Nigel S [honouree.]Material type: TextTextSeries: Publisher: London : Routledge, 2019Description: 1 online resourceContent type: text Media type: computer Carrier type: online resourceISBN: 9781351180016; 1351180010; 9781351180030; 1351180037; 9781351180009; 1351180002; 9781351180023; 1351180029Subject(s): Civil rights -- Japan | Human rights -- Japan | POLITICAL SCIENCE / Political Freedom & Security / Civil Rights | POLITICAL SCIENCE / Political Freedom & Security / Human Rights | LAW / Civil Rights | LAW / International | LAW / ComparativeDDC classification: 323.0952 LOC classification: KNX2460 | .C58 2019ebOnline resources: Taylor & Francis | OCLC metadata license agreement
Contents:
Cover; Half Title; Series Page; Title Page; Copyright Page; Dedication; Table of Contents; List of contributors; Introduction; Introductory remarks; 1. Hate speech and the false human rights narrative in Japan; Introduction: hate speech as a new phenomenon; International standards and Japan's inadequate legal framework; Human rights violations by private actors: the narrative; Conclusion; References; 2. Media in Japan: the muzzled watchdog; Introduction; Broadcasting law and 'fairness'; Specially Designated Secrets Act; Kisha club and the information cartel; Conclusion; References
3. Criminal Justice reform of 2016: a solution to the infamous problems in Japanese criminal procedure?Criminal Justice reform of 2004; Criminal Justice reform of 2016; The new bargaining system (kyōgi-gōi system); New kyōgi-gōi system; Concerns about the kyōgi-gōi system; Conclusion; Notes; Bibliography; 4. An examination of the force used by Kidoutai (riot police) and Japan Coast Guard; 1 Standards; 2 Reported violations; 3 Conclusion; Notes; References; 5. Women's empowerment and gender equality in Japan; 1 Recent historical background of Japan's gender equality
2 Women's participation in public life3 Employment; 4 Violence against women; 5 Reproductive health and rights; 6 Conclusion; References; 6. Discrimination against women in the sphere of marriage and family life; Introduction; Required age of marriage; Requirement of same family name; Prohibition of re-marriage; Assumption of paternity of a child born within 300 days after divorce; Conclusion; Notes; References; 7. Dōwa Policy Projects as unfinished human rights business -- from Dōtaishin to Ikengushin; Introduction; The positive obligations of the state; Dōwa Policy
The Advisory Council and its reportThe report; Responses to the Dōtaishin; The law; The Iken Gushin; Conclusion; References; 8. Blanket police surveillance of Muslims: a chilling precedent; Introduction; Religious profiling and blanket surveillance operation; 'Results' of the surveillance; International standards on racial and religious profiling; The Japanese courts; Ethno-religious profiling: a 'necessary activity'; Purpose and effect and the right to manifest one's religion; Compliance with international standards; Right to privacy; Conclusion; Notes; References
9. The Fukushima diaspora: assessing the state-based non-judicial remedies1 Introduction; 2 The housing and health impacts and the ADR process; 3 The ADR process; 4 The state's remedial obligations; 5 Analysis; 6 Conclusion; References; 10. Stratification of rights and entitlements among refugees and other displaced persons in Japan; Categories of forced migrants in Japan; Convention refugees; Indo-Chinese refugees and resettlement refugees; Persons permitted to stay on humanitarian grounds; Lawfully staying asylum seekers; Unlawfully staying asylum seekers
Summary: The human rights issues in Japan are multifaceted. Over decades, domestic and international human rights organisations have raised concerns, but government obstinacy has meant there has been little progress. Recommendations of UN human rights bodies are routinely ignored, and statements by the government in the Japanese parliament regarding these recommendations have been dismissive. At the review of Japan's implementation of the International Covenant on Civil and Political Rights in 2014, Professor Nigel Rodley, then chair of the UN Human Rights Committee, lamented the lack of true engagement by Japan and the country's unwillingness to take any action on the conclusions of UN human rights bodies. Equally worrying is the clear trend over recent years of popular publications bashing neighbouring countries and their nationals living in Japan as well as UN human rights bodies. This book explores the issues surrounding human rights in Japan, and what the future might hold for the country.
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Cover; Half Title; Series Page; Title Page; Copyright Page; Dedication; Table of Contents; List of contributors; Introduction; Introductory remarks; 1. Hate speech and the false human rights narrative in Japan; Introduction: hate speech as a new phenomenon; International standards and Japan's inadequate legal framework; Human rights violations by private actors: the narrative; Conclusion; References; 2. Media in Japan: the muzzled watchdog; Introduction; Broadcasting law and 'fairness'; Specially Designated Secrets Act; Kisha club and the information cartel; Conclusion; References

3. Criminal Justice reform of 2016: a solution to the infamous problems in Japanese criminal procedure?Criminal Justice reform of 2004; Criminal Justice reform of 2016; The new bargaining system (kyōgi-gōi system); New kyōgi-gōi system; Concerns about the kyōgi-gōi system; Conclusion; Notes; Bibliography; 4. An examination of the force used by Kidoutai (riot police) and Japan Coast Guard; 1 Standards; 2 Reported violations; 3 Conclusion; Notes; References; 5. Women's empowerment and gender equality in Japan; 1 Recent historical background of Japan's gender equality

2 Women's participation in public life3 Employment; 4 Violence against women; 5 Reproductive health and rights; 6 Conclusion; References; 6. Discrimination against women in the sphere of marriage and family life; Introduction; Required age of marriage; Requirement of same family name; Prohibition of re-marriage; Assumption of paternity of a child born within 300 days after divorce; Conclusion; Notes; References; 7. Dōwa Policy Projects as unfinished human rights business -- from Dōtaishin to Ikengushin; Introduction; The positive obligations of the state; Dōwa Policy

The Advisory Council and its reportThe report; Responses to the Dōtaishin; The law; The Iken Gushin; Conclusion; References; 8. Blanket police surveillance of Muslims: a chilling precedent; Introduction; Religious profiling and blanket surveillance operation; 'Results' of the surveillance; International standards on racial and religious profiling; The Japanese courts; Ethno-religious profiling: a 'necessary activity'; Purpose and effect and the right to manifest one's religion; Compliance with international standards; Right to privacy; Conclusion; Notes; References

9. The Fukushima diaspora: assessing the state-based non-judicial remedies1 Introduction; 2 The housing and health impacts and the ADR process; 3 The ADR process; 4 The state's remedial obligations; 5 Analysis; 6 Conclusion; References; 10. Stratification of rights and entitlements among refugees and other displaced persons in Japan; Categories of forced migrants in Japan; Convention refugees; Indo-Chinese refugees and resettlement refugees; Persons permitted to stay on humanitarian grounds; Lawfully staying asylum seekers; Unlawfully staying asylum seekers

The human rights issues in Japan are multifaceted. Over decades, domestic and international human rights organisations have raised concerns, but government obstinacy has meant there has been little progress. Recommendations of UN human rights bodies are routinely ignored, and statements by the government in the Japanese parliament regarding these recommendations have been dismissive. At the review of Japan's implementation of the International Covenant on Civil and Political Rights in 2014, Professor Nigel Rodley, then chair of the UN Human Rights Committee, lamented the lack of true engagement by Japan and the country's unwillingness to take any action on the conclusions of UN human rights bodies. Equally worrying is the clear trend over recent years of popular publications bashing neighbouring countries and their nationals living in Japan as well as UN human rights bodies. This book explores the issues surrounding human rights in Japan, and what the future might hold for the country.

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