Outline of the Human Rights Protection Bill

8/3/2002
No.1 General Provisions
  • Duty of the State: To foster the administration for the human rights protection generally
  • Prohibition of human rights violations: Acts of human rights violation such as unfair discriminatory treatment based on race, etc., and certain acts to incite discriminations are prohibited.

No.2 Organizations
1. Human Rights Commission (Tentative)
Human Rights Commission will be set up as an independent administrative committee under the Ministry of Justice. The mandates and structure of it is as follows:
  • Mandates: Human rights remedies, human rights awareness-raising and advice for the Government and other relevant tasks.
  • Composition: Chairperson and four commissioners (three commissioners are part-time).
  • Appointment: Commissioners will be appointed by the Prime Minister with the consent of both Houses of the Diet.
  • Independency: Chairperson and Commissioners will be assured independency in their work.
  • Secretariat: Secretariat and its local branches will be organized.
2. Human Rights Commissioners
Human Rights Commissioners will be placed under the Human Rights Commission, which will assign Human Rights Commissioners among inhabitants recommended by the heads of municipalities and other especially eligible persons.

No.3 Procedures on the human rights remedies
1. General Remedy Procedures
To establish general remedy procedures including voluntary investigation, advice, and guidance, as well as the human rights counseling.
2. Special Remedy Procedures
  • To develop such methods as investigation, as well as mediation, arbitration, recommendation, publication thereof, and assistance for legal action in cases where discriminatory treatment, abuse or ill treatment by public authorities or private persons had occurred. Such methods may involve administrative sanctions.
  • To develop such methods as mediation, arbitration, recommendation, publication thereof, and assistance for legal action in cases infringement on privacy of crime victims and their family members through reporting and excessive coverage. Self-regulations by the Mass Media should be respected in dealing with such violations.
  • To develop such methods as investigation, as well as mediation, arbitration, recommendation, publication thereof, and assistance for legal action concerning the acts to incite discriminations.
Such methods may involve administrative sanctions.
3. Special Rule for the Remedy Procedures
The Minister of Welfare and Labor Affaires will have the mandate of general remedy procedures. It will act investigation, as well as mediation, arbitration, recommendation, publication thereof, and assistance for legal action among the special remedy procedures.

No.4 Miscellaneous
  • The Bill will be presented to the Diet in early March.
  • The Human Rights Commission will be set up in June or July 2003.



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