Why has the United Nations Human Rights Committee questioned the concept of "public welfare" in the Japanese Constitution?

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  • なぜ,日本国憲法「公共の福祉」概念が,国連人権機関で問題とされるのか?
  • ナゼ,ニホンコク ケンポウ 「 コウキョウ ノ フクシ 」 ガイネン ガ,コクレン ジンケン キカン デ モンダイ ト サレル ノ カ?

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Abstract

Since Japan's ratification of the International Covenant of Civil and Political Rights in 1979, the Japanese government has submitted six state reports explaining the human rights situation in Japan. On all occasions the United Nations Human Rights Committee questioned the concept of "public welfare" contained in the Japanese Constitution, suggesting it allowed for a general restriction on human rights in the Constitution. This article clarifies the different viewpoints between the Japanese government and the UNHR Committee as they are found through an analysis of the state reports and the dialogue held between the two parties.

Since Japan's ratification of the International Covenant of Civil and Political Rights in 1979, the Japanese government has submitted six state reports explaining the human rights situation in Japan. On all occasions the United Nations Human Rights Committee questioned the concept of "public welfare" contained in the Japanese Constitution, suggesting it allowed for a general restriction on human rights in the Constitution. This article clarifies the different viewpoints between the Japanese government and the UNHR Committee as they are found through an analysis of the state reports and the dialogue held between the two parties.

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