法政論叢
Online ISSN : 2432-1559
Print ISSN : 0386-5266
ISSN-L : 0386-5266
慣習法的展開をみる国際人権保障
久保田 洋
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ジャーナル フリー

1981 年 17 巻 p. 102-115

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There is an increasing concern by the international community to secure fundamental human rights for all human beings. This is pronounced by the fact that, since its inception, the United Nations has been promoting and encouraging respect for those human rights and fundamental freedoms. The United Nations Charter refers to the problem of human rights in its Preamble, in which the peoples of the United Nations express their determination to reaffirm faith in fundamental human rights, dignity and worth of the human being. It is clearly stated also in Article 1 of the Charter as one of the main purposes of the Organization. In recognizing the importance of protecting human rights, the Organization prepared, as one of its earliest tasks, the Universal Declaration of Human Rights as a common standard of achievement for all peoples, rich or poor, and for all nations, large or small. It was adopted without a dissenting vote in 1948. It is well known that it has, indeed, exercised a significant influence throughout the world, nationally and internationally. Eighteen years later in 1966, the Declaration was given a more precise legal form in the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the Optional Protocol to the latter Covenant. These Covenants, which came into force in 1976, have been leading mankind to the brink of a new era in which the States have a legal obligation to protect human rights and promote happiness of individuals internationally. Unfortunately it is, however, only when their countries have ratified the Optional Protocol, that individuals are able to complain about violations of their human rights by the International Covenant on Civil and Political Rights. Since this implementation process is under treaty law, it is legally binding only among the States which have ratified it. Consequently, what happens to the peoples whose human rights are seriously violated outside this legal sphere Many writers have examined the developments of human rights law under international treaty law. However, studies on international protection of human rights under international customary law have often been ignored. The autor of this article has decided to focus on the Procedure for Dealing with Communications Relating to Violations of Human Rights and Fundamental Freedoms of the United Nations, which has been established by the Economic and Social Council resolution 1503 (XLVIII). The article, in doing so, attempts to observe how implementation process has developed in the United Nations through its activities under international customary law.

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© 1981 日本法政学会
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