The Death Penalty in Japan
Introduction to the ICCPR and the safeguards guaranteeing protection of the rights of those facing the death penalty
Te international community’s concern with human rights in the modern era goes back to the foundation of the United Nations and in particular the adoption of the Universal Declaration of Human Rights (UDHR) by the General Assembly of the UN in 1948. To some extent, the activities of the international community in negotiating and adopting treaties and conventions on human rights at the regional and international plane may be seen as a development of the principles and aspirations set out in the Declaration.
Te International Covenant on Civil and Political Rights 196622 (ICCPR) is the first universal
treaty-based human rights instrument. Te ICCPR came into force a decade after it was signed and Japan acceded to the ICCPR on 21 June 1979.
Te basic obligation imposed on states is to ensure that national law permits an effective remedy for individuals subject to its jurisdiction to secure that the rights afforded are effectively respected. Article 2 of the ICCPR provides:
1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory, and subject to its jurisdiction, the rights recognised in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
2.Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognised in the present Covenant.
3. Each State Party to the present Covenant undertakes: a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
c) To ensure that the competent authorities shall enforce such remedies when granted.
2
International Covenant on Civil and Political Rights, (1976) 999 UNTS 171. 2
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