인권조약의 유보와 일본의 인종차별행위에 대한 규제

Abstract

On 29 August 2014 the UN Commission on the Elimination of all Forms of RacialDiscrimination (hereinafter ‘the UN Commission’) adopted a final opinion whichadvised Japan to introduce a new comprehensive anti-discrimination act. This finalopinion by the UN Commission specifically mentioned ongoing hate speech and therelevant demonstrations in Japan and strongly recommended Japanese authorityshould take all necessary means including making a law to stop and prevent suchdiscriminative activities. Although Japan is a member state of the Convention on the Elimination of allForms of Racial Discrimination and the Commission expressed its worry on violationof Article 4 (a) and (b) of the Convention, Japan has not been taking any effectiveaction with mentioning the provisions on freedom of expression under theInternational Covenant on Civil and Political Rights: ICCPR and under JapaneseConstitution. On the other hand on 7 October 2013 Kyoto District Court ordered ‘Zaitokukai’twelve million Yan reparation and preventing demonstration within 200 meters toKyoto Joseon (Korean) Elementary School. After this order ‘Zaitokukai’ appealed itto Osaka High Court but the High Court dismissed this appeal on 8 July 2014. Concerning such current situations in Japan this article researched reservationof human rights treaties, the attitude of Japanese Government on the currentproblematic hate speeches in Japan and analyzed the recent cases on hate speechpractices in Japan.