Introduction of Each Research Division
Research Division
Human Rights on the Internet: Constitutional Research on the Information Sphere
The Internet has had both positive and negative impacts on the protection of human rights: On the one hand, the development of the Internet has enabled us not only to have access to a wide variety of information from many sources much more easily and improve our quality of life, but also to publish or disseminate information without difficulty, that is, to substantially exercise freedom of expression. On the other hand, however, damages, e.g., defamation, invasion of privacy and infringement of intellectual property rights, caused by the large amount of information on the Internet have been increasing. Furthermore, recently, new problems have continuously emerged; manipulation of individuals through content moderation by digital platform operators including social media, threats of dis and misinformation created by generative AI and human rights infringements by avatars in the metaverse, for example.
Micro-measures against these problems, such as the removal of problematic posts and the pursuit of civil or criminal liability, have been implemented so far. On the contrary, recently, macro-measures, such as the regulation of content moderation by digital platform operators and, more generally, the governance of the information sphere, have been getting more and more important. That said, before measures above mentioned are brought into effect, new constitutional issues need to be examined. For instance, the way in which freedom of expression is protected, the way in which the state is involved with the information sphere (including the way in which arbitrary and illegitimate intervention by the state is prohibited) and the relationship between digital platform operators and the Constitution (including the so-called Digital Constitutionalism).
The mission of this project team is to consider these issues deeply, mainly from the perspective of Constitutional law, with reference to the wisdom of comparative laws, principle theories and practical expertise.
For more information on the project team, please visit https://note.com/gentle_skink2102/all.
The Possibility of Area Studies for Living Together
Based on the results of past research activities in the fields of history and sociology at the Kyoto Human Rights Research Institute, this research topic has been set with a view to making it more interdisciplinary and universal, as well as more sustainable for the future. By "area studies," we mean the analysis of an area not only from a historical perspective, but also from multiple perspectives, including politics, law, economics, culture, society, medicine, construction, industry, and transportation. In addition, although the target areas include the discriminated Buraku, we do not limit our research to Buraku issues, but rather focus on historical research, which we believe will enable us to take into account the diverse existence of Zainichi Koreans, women, people with disabilities, and other groups.
The area that encompasses Kyoto's largest discriminated bureaucratic enclave (Honmachi-dori, the Suujin area, and the adjacent Kamogawa River basin) is an ideal area for clarifying the diversity of local communities, and the study focuses on the Imamura family documents from the medieval to early modern periods. In this study, we will continue the research results of the past 20 years related to the Imamura family documents and further explore them from the perspective of human rights, as well as disseminate the results and return them to the public. In addition, by practicing the reading and discussion of such ancient documents with various people involved in the target area, we are seeking a new form of research.
In our research to date, we have photographed, organized, and reprinted various historical documents, including the Imamura family archives, and obtained research reports related to this study from researchers in various fields, as described above in the framework of "area studies. In this way, we have further clarified the history and social structure of the target area. Some of the results have been published in the Center's research bulletins and other publications. In the course of this work, we have also discussed the social aspects of discrimination and the handling of historical materials related to discrimination.
In the future, while continuing to conduct research as before, we will cooperate with the Yanagihara Bank Memorial Museum, which is located in the area where the Center will be relocated, in planning exhibitions and disseminating research results in a timely manner, as well as in producing pamphlets for the public that include information on the history and current situation of the target area. We will also cooperate in the production of brochures and other projects for the public that include information on the history and current state of the area.
Children's Rights
Various academic studies have shown that the children's rights principles of the Convention on the Rights of the Child (CRC), which states that the child is the subject of rights, has not taken root in policy-making and field practice. The non-establishment, neglect or forgetting of these principles has not led to a change in the social perception of efforts toward children as beneficial and caring, nor to a renewal of school organization and school culture, and is believed to be one of the reasons why reforms for cooperation and collaboration between education and welfare have not progressed sufficiently.
In April 2023, the Children and Family Agency (Kodomo Kateicho子ども家庭庁) was established with the aim aims to create a "youth-friendly society" and the Children's Basic Law (Kodomo Kihonhoこども基本法) which comprehensively defines children's rights and makes children the subjects of rights, came into effect. This was the first time that a domestic law had been enacted in the 30 years since Japan ratified the CRC. The law aims to comprehensively promote children's policies and was a major step forward in the protection of children's rights. However, the enactment of the law does not solve all problems, and the future implementation of the law will be crucial.
Based on the awareness of the above issues, Project Team 3 "Children's Rights" conducts research based on cross-disciplinary and interdisciplinary dialogue among researchers specializing in social welfare, educational policy, education, history, finance, and law, as well as practitioners who have been involved in care and support of children. We work to address various issues related to children's rights while keeping abreast of such social trends, in particular, to support the implementation of policies to combat child poverty and to support the realization of measures to prevent child poverty.
The project aims are to present a collaborative model firmly based on the principle of "children's rights" that supports practice, and to determine what the structure of policy and practice should be to ensure the principle of children's rights is applied and maintained in practice.
Sexual Minorities and Human Rights
The gender binary system is still entrenched in Japanese society. The system assumes that there are only two genders, male and female, that men and women are attracted to each other, and that gender identity and expression coincide with the sex assigned at birth. This system binds not only laws and institutions, but also our consciousness. Under this gender binary, sexual minorities have historically been viewed as "abnormal," "deviant," and "unnatural," and they continue to face prejudice and discrimination. Although sexual diversity is beginning to be recognized, many issues remain to be addressed, such as education and awareness that only sexual minorities are considered, and review of laws and systems that do not assume the existence of sexual minorities.
This team is conducting research from three perspectives.
(1) to examine the relationship between human rights guarantees for sexual minorities and reproduction, childbirth, childcare, and family, and to explore the possibility of practices beyond marriage and two parents; (2) to examine the possibilities and challenges of diversity education in relation to sexual minorities; and (3) to examine reasons that sexual minorities have not been considered as subjects of human rights for a long time. Theoretically and practically, we also examine how exclusion of sexual minorities from human rights is still justified today.
Based on these findings, recommendations will be made for various issues concerning the human rights of sexual minorities.
Business and Human Rights
The Guiding Principles on Business and Human Rights ("Guiding Principles"), adopted by the UN Human Rights Council in 2011, celebrated their 10th anniversary in 2021, and a number of national action plans on business and human rights, as well as laws and regulations imposing legal obligations on companies, are being enacted, mainly in Western countries. In Japan, the "Action Plan on Business and Human Rights (2020-2025)" was formulated in October 2020, and the "Guidelines for Respecting Human Rights in Responsible Supply Chains, etc." in September 2022. While the Guiding Principles themselves are non-legally binding soft law, the content of the Guiding Principles has been enacted as legally binding hard law in various countries.
Although legislation in Japan is not yet in full swing, when a Japanese company conducts business overseas, the laws and regulations of the relevant country may impose legal obligations on the Japanese company. In addition, the human rights due diligence subject to legal obligations is not limited to the country in question or to Japan, but may also include supply chains in third countries. The Japanese government and Japanese companies are encouraged to keep abreast of domestic and international trends in "business and human rights" legislation and to take concrete measures such as human rights due diligence.
Against this societal backdrop, this research project systematically examines the issues surrounding business and human rights, primarily from a legal perspective, to clarify the "soft law generation process," including the historical development of the Guiding Principles, and to determine how they have become "codes of conduct" for people and businesses. The project also seeks to determine how these principles become "codes of conduct" for people and businesses. As a collaborative research project involving a wide range of researchers and practitioners, the project adopts a multifaceted approach, focusing on aspects of the SDGs that have been widely recognized by society in recent years, as well as on the activities of companies as human rights promoters. Since the second year (2022), several corporate members have regularly participated as observers in the joint research meetings of this project team, which consists of researchers, lawyers, and social security attornies, to engage in active discussions that span both research and practice.
Research on Migration and Human Rights
Increase in the number of transnational migration of people in the world, which reflect the globalization of world economy, has raised new international problems as well as human rights issues. There are various causes of transnational migration, including the transnational migration of workers, inseparable from transnational movement of goods, services, and capital based on international economic agreements such as the TPP and Economic Partnership Agreements, and migration of large number of refugees arising out of war, civil war, racial discrimination and so on. The society in Japan has not been immune from the wave of transnational migration. In Japan, the remarkable decline of the total population numbers and so-called “coffin-shaped demographic pyramid structure” has become a reality, and the time has come for the society of Japan to seriously address the issues of accepting the immigrant workers as well as the issues of protecting human rights of foreigners including all migrant workers and members of their families in accordance with international human rights standards.
Based on the perspective of “glocalization” (think globally, act locally), this team has studied and will continue to study various human rights issues raised by the transnational migration of people from various angles. The study covers institutional issues of laws and regulations and their application concerning nationality, immigration control, refugee recognition etc., as well as analysis of institutional aspects and realities of protection of the human rights (civil and political as well as economic, social, and cultural rights) of resident foreigners especially those of migrant workers and members of their families. The project will analyze the actual human rights situation of foreigners in the Kinki region in accordance with the international standards of human rights protection and will make proposals based on the results of our study.