2019 Volume 22 Issue 1 Pages 47-60
Although there is reasonable consensus concerning the concept of language rights within the field of social linguistics, it is not well-known within the field of constitutional studies. Taking into consideration the present understanding of language rights in Japan, and from the viewpoint of legal studies, this study examines how the concept of the language rights within international law can be adopted into Japanese domestic law and under what conditions. First, I look at the development of the concept of language rights within international law and consider the situation of review on this concept in relation to the Convention on the Rights of Persons with Disabilities (CRPD). Next, I consider the aspects of the Constitution of Japan that is hampering the acceptance of language rights into Japanese domestic law. Specifically, I point out that because of Article 13, 14 and 96 of the Constitution, the government’s legal obligation to accept the contents of the International Convention on Human Rights in domestic law becomes merely an issue of political effort. Finally, I review the conditions and issues to accept the concept of the language rights under international law, which is currently being reviewed by CRPD, into Japanese domestic law.
