The Council on the Promotion of Human Rights Protection
June 18, 1999


Introduction

1. Basic Views on Human Rights by the Council

The twentieth century, "the century of convulsion", is closing within a year and months and we are entering the new twenty-first century soon.
Throughout the history of mankind, the twentieth century saw the fastest growth of science technology and nursed future dreams of mankind more than ever. While the twentieth century has brought comfort and wealth to human lives, however, it caused many disasters to mankind as well. Not only two World Wars but also limited wars repeated in many areas after the Cold War have destroyed living of peoples and blotted out many lives to the greatest extent ever, even posing a menace of nuclear warfare. Overriding economic development has brought serious environmental destruction and pollution at the global level, threatening the existence of the whole creation on earth itself.
The coming twenty-first century is called "the century of human rights", in the hope of the peoples all over the world that we want it to be a period,reflecting on the experiences of the twentieth century, when the well-being of all mankind would be realized. While a wide range of efforts have made in the twentieth century for the realization of human rights of all mankind, primarily by the United Nations after the Universal Declaration of Human Rights, it is keenly aspired that the twenty-first century witnesses the full and universal blossom of those efforts.
The rights that enable persons to secure their survival, liberty and the pursuit of happiness - those are human rights. Respect for these human rights is expected to become the code of conduct for the governments in all countries as well as for all individuals. In other words, it is expected that the significance of human rights is recognized in a correct manner not only by the governments but also among individuals and that "human dignity" which underlies them is preserved.
Human rights are inherent rights of individuals on the basis of "human dignity". We are coming to an era, however, when it is impossible to respect human rights without the coexistence with all the environments that surround human beings, given the narrow space of the Earth and restricted resources.
Respect for human rights should be considered in such a wider context today. Coming down to the human rights situations in our country from the overview of the global trend of the world, it can be said that the principle of respect for human rights has been gradually established, under the Constitution of Japan which defines it as one of its basic principles, after what has happened for all those years. There are a variety of problems, however, with regard to what public institutions and policies should be.
There remain problems in relationships among citizens as well; in particular, unjust discrimination such as the Dowa issue has not been eliminated more than fifty years after the entry into force of the Constitution of Japan. In order that our country contributes to the promotion of human rights advocacy in the world and occupies an honored place in an international society, it necessary to tackle these problems on an urgent basis. It is required to develop a society where the idea that each and every person is a precious being with dignity is resected and protected.
Variety forms of initiatives for "the century of human rights" can already be found everywhere, one of which is the U.N. Decade for Human Rights Education initiated by the United Nations. In this context, the Council on the Promotion of Human Rights Protection (hereafter referred to as "the Council") has considered on "the policies with regard to education and awareness-raising for a better understanding of the philosophy of respect for human rights among the citizens" under the Promotion of Policies for Human Rights Protection Act.
Human rights are founded on "human dignity" and should be respected. In reality, however, the rights to life, liberty and the pursuit of happiness, i.e. human rights, may be violated not only by the public authority but also in relationships among citizens and it comes to be widely recognized that one typical form of such violation is unjust discrimination. While there are cases in which conflicts of human rights require careful consideration to determine whether there has been human rights violations, many cases are unilateral violations of human rights such as unjust discrimination. In any case, such violations of human rights should never be allowed. On the basis of such recognition on human rights issues in relationships among citizens, the Council has considered what basic policies should be with regard to human rights education and awareness-raising.
A better understanding of the principle of respect for human rights among citizens depends, after all, on the awareness of each and every citizen on human dignity. Essentially, it is desirable that this task is achieved voluntarily among members of society; it is vital that each and every citizen attempts to get a better understanding of the principle of respect for human rights, considering it as his or her own problem. In light of the present situations in our country that has a wide range of human rights problems including the Dowa issue, however, it is important that the State, which has a responsibility for the promotion of policies with regard to human rights education and awareness-raising, commits itself to the active promotion of such policies and encourage efforts of citizens, cooperating with actors including local authorities and other relevant bodies that should fulfill an important role as implementing agents in human rights education and awareness-raising. Furthermore, much expectation is placed on volunteer activities of citizens aside from the activities of those implementing agents. On the other hand, it is needless to say that human rights education and awareness-raising should not be imposed since it has close connections with what each and every citizen thinks and feels.
Recognizing the above-mentioned difficulties of human rights education and awareness-raising sufficiently, the Council will propose policies to promote human rights education and awareness-raising in a comprehensive manner.

2. How the Council was Established and Has Pursued Consideration

(1) Looking at the actual status of human rights in our country, we find that there still remain human rights violations such as unjust discrimination on the basis of social status and family origin including the Dowa issue as well as unjust discrimination on the basis of race, creed or sex. Moreover, new issues with regard to human rights are emerging along with social changes including the globalization, aging, dropping of birthrate and the development of information age in our country. In this context, the Council on the Policy for Regional Improvement considered what basic measures should be taken in the future for solving the Dowa issue and, in its proposals in May 1996, called for the promotion of education and awareness-raising aiming at the elimination of remaining discriminatory attitudes as well as the improvement and reinforcement of remedial and other measures for victimization of human rights violations. With regard to education and awareness-raising intended for the elimination of discriminatory attitudes, it proposed that the previous Dowa education and awareness-raising activities should be restructured in a constructive manner into human rights education and human rights awareness-raising oriented for respect for human rights of all, on the basis of the evaluation of the results accumulated through such activities and the previous methodologies. Responding to these proposals, the Cabinet decided in July 1996 that the Specific Projects for Regional Improvement with regard to education and awareness-raising intended for the elimination of discriminatory attitudes on the Dowa issue would be promoted after having been restructured into general human rights education and awareness-raising.
In this context, the Promotion of Policies for Human Rights Protection Act was enacted in December 1996, which led to the establishment of the present Council under the Ministry of Justice, mandated to study and consider basic issues concerning the comprehensive promotion of the policies with regard to education and awareness-raising for a better understanding of the philosophy of respect for human rights among citizens as well as basic issues concerning the improvement of the policies with regard to remedies for victims of human rights violations.

(2) The Council was, in its first meeting in May 1997, referred questions on "basic issues concerning the comprehensive promotion of the policies with regard to education and awareness-raising for a better understanding of the philosophy of respect for human rights among citizens" (Referral No.1) by the Ministers of Justice and Education and the Director-General of the Management and Coordination Agency and on "basic issues concerning the improvement of the policies with regard to remedies for victims of human rights violations" (Referral No.2) by the Minister of Justice.
After the first meeting, the Council has concentrated on the Referral No.1, on the basis of the supplementary resolutions by the Committees on Judicial Affairs of the both Houses of the Diet that had urged the Council to arrive at basic conclusions "within two years or so concerning basic issues with regard to education and awareness-raising on the philosophy of respect for human rights". The Council has pursued extensive study and consideration through twenty-seven meetings, receiving various presentations including by the members of the Council and hearing opinions on many kinds of human rights issues including from private organizations.
After the above-mentioned study and consideration, the Council prepared the present draft report on the Referral No.1.


Chapter 1: On the Actual Situation of Human Rights as Well as Human Rights Education and Awareness-Raising

1. Actual Situation of Human Rights
In our country, the consolidation of institutions and the promotion of policies concerning human rights was pursued in the general politics under the Constitution of Japan, which holds respect for fundamental human rights as one of its basic principles. In December 1998, on the occasion of the fiftieth anniversary of the Universal Declaration of Human Rights, the Houses of Representatives and Councilors made resolutions that they were determined to make further efforts for the realization of society where human rights of all are respected.
With regard to the actual situation of human rights in our country, however, it has been pointed out in and outside the country that there were various human rights issues in the relationship between the public authority and citizensi as well as in relationships among citizens, including through critical commentsii from a viewpoint of human rights on national institutions and policies themselves.
The Council was refereed questions on basic issues concerning the comprehensive promotion of the policies with regard to education and awareness-raising for a better understanding of the philosophy of respect for human rights among citizens. Therefore, matters that are considered when it examines the actual situation of human rights are human rights issues that may be eliminated through the promotion of human rights education and awareness-raising and a better understanding of the philosophy of respect for human rights among citizens. The actual situation of major human rights issuesiii is as follows.
(1) With regard to women, there are problems of gender discrimination in the employment and the promotion at workplace due to stereotyped gender roles entrenched in the public awareness as well as problems of sexual harassment and domestic violence.
(2) With regard to children, bullying among children remains to be a serious concern and corporal punishment of pupils and students by teachers never stops. Child abuse by parents is becoming serious as well.
(3) With regard to the elderly, in the context of rapid aging of society against the background of much longer average life expectancy and lower birthrate, there are problems of discrimination in the employment, physical and psychological abuse at home and institutions against elders who need care and in home and unauthorized disposition of elders' property by family members and others.
(4) With regard to persons with disabilities, discrimination in the employment and other problems including that they are refused to rent houses or enter commercial properties still remain. Furthermore, it is noted recently that there are many cases of physical abuse in institutions against persons with mental disabilities.
(5) With regard to the Dowa issue, while discriminatory attitudes among citizens on the Dowa issue has been in the steady decline through the promotion of Dowa education and awareness-raising, especially after the report of the Dowa Policy Council in 1965 iv, they are still firmly entrenched, mainly in marriage matters, although the degree varies between regions. There are also problems of discrimination in the employment as well as discriminatory remarks and scrabbles.
(6) With regard to the Ainu people, there are problems of discrimination in the employment and marriage as well as discriminatory remarks.
(7) With regard to foreigners, in the context of a leap of human and physical exchange with other countries, which has led to an increase in the number of foreigners who reside in Japan, there are discrimination in the employment and other problems including that they are refused to rent houses or enter commercial properties.
(8) With regard to persons infected with HIV and (ex-)patients of Hansen's Decease, there are problems of discrimination in daily lives, workplace and medical treatment as well as of infringement on privacy through media reports.
(9) With regard to persons released from prison after the completion of their terms, there are problems of discrimination in the employment and dissemination of ill-intentioned rumors.
There are a variety of human rights issues other than the above-mentionedones, including that privacy of crime victims and their family members and sometimes juvenile offenders is infringed through sensational or excessive investigation and reporting by the mass media. Recently, problems have been pointed out with regard to discriminatory information displayed in electronic bulletin boards and Web sites in the Internet.
As has been pointed out, there still remain a variety of human rights issues in our country. As their causes, such factors can be identified as public tendency to emphasize uniformity and homogeneity, irrational and conventionalist attitudes, social trend to pursue material affluence and disregard mental affluence and tendency of weakened relationships in society. Rapid changes of society including globalization, the development of information age, aging and dropping of birthrate are also factors that make human rights issues complicated. In part, the fact that each and every citizen cannot be regarded as having sufficient attitudes to have a proper understanding of each human rights issue and decide things in a reasonable manner leads to discrimination and prejudice that are causing problems in each issue.
It can be pointed out that, one of the root causes of those various human rights issues is that each and every citizen cannot be regarded as having a proper and well-established understanding of the philosophy of respect for human rights.
Actually, in the "Opinion Poll on the Protection of Human Rights" conducted by the Prime Minister's Office, 20.1 percent of the respondents stated that they did not know even the fact that the Constitution of Japan guarantees fundamental human rights as eternal and inviolate rights, which shows that fundamental human rights cannot be regarded as being sufficiently known. In the same survey, as many as 82.9 percent of the respondents stated that they thought that persons who claim only their own rights without caring nuisance to others are increasing, which shows that citizens still have an insufficient understanding of the need to consider the rights of others when they claim their own rights.
On the other hand, in relation to the above-mentioned fact that fundamental human rights are not sufficiently known, it is pointed out that they do not claim their own rights adequately when they have reason to do so because they do not have a sufficient understanding of their own rights.
The Council is of the opinion that the insufficient nature of a proper understanding of the philosophy of respect for human rights is due to the facts that citizens do not have adequate proper knowledge of the significance and importance of human rights, that they do not have adequate sensitivity to feel without reasoning that something is wrong when they encounter what may imply human rights problems in daily lives and that they do not have adequate sense of human rights that enables them to express their human rights considerations in their attitudes and actions in daily lives.

2. Actual Situation of Human Rights Education and Awareness-Raising
What are to be considered by the Council are defined as basic issues concerning the comprehensive promotion of the policies with regard to education and awareness-raising for a better understanding of the philosophy of respect for human rights among citizens. Human rights education and human rights awareness-raising, as are defined in the present report, are both intended for a better understanding of the philosophy of respect for human rights among citizens; it is expected that sense of human rights is developed among citizens and the above-mentioned sensitivity is nurtured, thus leading to the elimination of contributing factors to human rights issues and the solution of those issues. The general terms "education" and "awareness-raising" often overlap depending on contexts and cannot be distinguished clearly.
Therefore, from a practical viewpoint of proposing what the basic ideas should be in the future with regard to human rights education and awareness-raising as well as effective measures for the promotion of human rights education and awareness-raising on its basis to each implementing actor, the Council defines "human rights education" and "human rights awareness-raising" used in the present report as follows.
Human rights education is defined as educational activities provided through school education and social education in order that the spirit of respect for fundamental human rights are acquired in a correct manner. Human rights awareness-raising is defined as training, information and publicity activities, other than human rights education, for the purpose of disseminating and promoting the philosophy of respect for human rights widely among citizens.

(1) Human Rights Education
With regard to human rights education, various initiatives are undertaken through school education and social education in order that the spirit of respect for fundamental human rights are acquired in a correct manner, in accordance with the spirits of the Constitution of Japan and the Fundamental Law of Education, paying regard to local situations.
However, some problems have been pointed out including that they tend to confine themselves to impart knowledge in a one-way manner and that some teachers do not have enough awareness on the philosophy of respect for human rights. Furthermore, it is still important to ensure neutrality of education without unreasonable interference from outside in carrying out human rights education.
The actual situation in school education and social education is as follows.
(a) School Education
In school education, initiatives are undertaken in accordance with the developmental stages of pupils and students, including ones in which they learn about various issues on human rights or discuss them in classroom.
In kindergartens, initiatives are undertaken to plant the seeds of the spirit of respect for human rights, for example, by preparing kindergartners, through various plays including making something together with friends and through daily lives, to realize the existence of others through association with other kindergartners and to behave with respect for others.
At the primary and secondary levels, education to improve awareness of respect for human rights is conducted through the whole educational activities of the school, depending on the characteristics of each subjects, moral education and special activities and in accordance with the developmental stages of pupils and students. In social studies, for instance, they are expected to acquire a better understanding of human dignity and the guarantee of fundamental human rights through the learning of the Constitution of Japan; in moral education, teachers shall instruct them so that they develop the spirit of human respect without having discrimination and prejudice against anyone.
Measures to promote human rights education include practical initiatives by designated schools to contribute to the improvement and reinforcement of teaching methods and other matters with respect for human rights education. Furthermore, a variety of measures are taken to respond to human rights issues including bullying and disabled persons. With regard to the problem of bullying, for example, various initiatives are undertaken on the recognition that bullying is a grave human rights issue and that "it is inhuman and absolutely impermissible to bully the weak". In order to promote a proper understanding and awareness of disabled persons, practical initiatives are undertaken as well, including exchange education in which disabled pupils and students, those without disabilities and persons in the community conduct activities together.
Human rights education is carried out in universities and other higher educational institutions, for example, in association with law education including general law and the Constitution. Some universities offer courses on human rights education as one of the courses in the liberal arts.
While human rights education is promoted in school education as has been mentioned, some problems have been pointed out including that pupils and students actually have only a cognitive understanding, not acquiring adequate sense of human rights, due to the present teaching methods and that adequate awareness of the philosophy of respect for human rights is not necessarily widespread among teachers.
(b) Social Education
A variety of learning opportunities on human rights are provided from a perspective of lifelong education, including through classes and courses as well as exchange activities primarily at social education facilities like community centers, so that each person can learn about human rights on a voluntary basis in accordance with his or her life stage. Manuals for social education leaders on human rights education have been published.
Furthermore, various forms of training are provided for social education leaders including supervisors of social education, aiming at the improvement of their qualifications.
While human rights education is promoted through various measures for the promotion of lifelong education as has been mentioned, some problems have been pointed out including that participants tend to be demotivated due to the prevalence of lecture-style learning with emphasis on the transmission of knowledge and to the widespread lack of diversity of instructors.
(c) Home Education
Home education plays a crucial role to develop generous sentiment, sympathy and fundamental ethics including conscience from early childhood. While home education is essentially a responsibility of each family, it is pointed out today that the educational capacity of the family has declined, which has led to initiatives to support home education, including the provision of opportunities for parents to learn about home education, the consolidation of counseling services on child-rearing and the preparation and distribution of the Home Education Handbook. On the other hand, it has been pointed out that discriminatory attitudes of parents are often conveyed to children through their behaviour. It is required, therefore, that parents demonstrate attitudes free from prejudice and discrimination through daily lives before their children.

(2) Human Rights Awareness-Raising
Human rights awareness-raising activities are carried out by a variety of implementing actors, aiming at the wide dissemination and promotion of the philosophy of respect for human rights among citizens, so that each and every citizen recognizes the importance of respect for human rights and the recognition is radicated in his or her daily attitudes and behavior.
On the other hand, various problems have been pointed out including a mannerism of awareness-raising activities, insufficient cooperation among awareness-raising actors and low publicity of the activities.
The actual situation of awareness-raising activities undertaken by various implementing actors is as follows.
(a) Awareness-Raising Activities by the National Human Rights Protection
Organs
Awareness-raising activities on human rights are carried out by offices, ministries and agencies at the national level in the framework of their jurisdictionvi. The Human Rights Protection Bureau of the Ministry of Justice and its subordinate bodies, Regional and District Legal Affairs Bureaus and human rights commissioners, are specialized organs for human rights affairs including human rights awareness-raising, constituting Human Rights Protection Organs of the Ministry of Justicevii and undertaking awareness-raising activities on human rights together.
Their activities are undertaken in a variety of ways, including symposia, lectures, round-table talks, workshops, presentation of films, participation in various events and use of the mass media such as television, radio and wired radio, generally in accordance with annual themes of special focus for awareness-raising activities. A week from 4 to 10 December is designated as "Human Rights Week" every year, during which a variety of events and other awareness-raising activities are held intensively on a nationwide scale and Human Rights Awareness-Raising Festivals are held in three areas annually co-organized by the Management and Coordination Agency, the Ministry of Education, local authorities and other bodies. Other initiatives include training seminars for national, prefectural and local personnel involved in the administration of awareness- raising on human rights.
Activities to raise awareness of human rights among children include the Movement of Human Rights Flowers primarily intended for pupils of primary schools, Human Rights Essay Competition intended for students of lower secondary schools, round-table talks by human rights commissioners and presentation of videos at school and other places. Since 1997, Regional and District Legal Affaires Bureaus, prefectural governments and Prefectural Associations of Human Rights Commissioners have undertaken projects to consolidate the Network for Awareness-Raising Activities on Human Rightsviii in order to strengthen cooperation of actors involved in awareness-raising activities on human rights.
Aiming at the eradication of phony Dowa actsix, which prevents an early solution to the Dowa issue, meetings and lectures for information exchange are held in cooperation with the relevant ministries/agencies and their outposts and local authorities.
Furthermore, the Ministry of Justice entrusts outside bodies with human rights awareness-raising projects. The Center for the Promotion of Human Rights Education and Awareness-Raising and prefectural and ordinance-designated city authorities are entrusted with the implementation of the awareness-raising activitiesx.
While awareness-raising activities on human rights are undertaken in various forms as has been mentioned, it has been pointed out that their contents and methods do not necessarily evoke interest, concern and sympathy among citizens. In particular, it cannot be regarded that the mass media is effectively used in the implementation of awareness-raising activities.
While cooperation between actors involved in the awareness-raising has been improved to some degree through such measures as the consolidation of Network for Awareness-Raising Activities on Human Rights, cooperation with local authorities as well as public service corporation and other private organizations or contact/consultation systems among central authorities cannot be regarded as sufficient. Furthermore, it has been pointed out that the existence and activities of Human Rights Protection Organs of the Ministry of Justice is not fully known among citizens and that some of the personnel in charge of human rights protection at the Regional and District Legal Affaires Bureaus are not adequately specialized in methods of human rights awareness-raising, which indicates that the present arrangement of the Human Rights Protection Division of the Ministry of Justice is not adequate itself for the active promotion of the awareness-raising activities in the future.
Human Rights Commissioners are yet to be regarded as initiating adequate activities for human rights awareness-raising, including at the level of planning.
(b) Awareness-Raising Activities by Local Authorities
Local authorities undertake a variety of awareness-raising activities in accordance with the actual situations of each prefecture and municipality, including the organization of awareness-raising events, the preparation and dissemination of awareness-raising materials, research and study on awareness-raising methods and other matters and the organization of training seminars. What is done in these activities differs widely depending on the actual situation of the community and other factors.
Taking the position to supervise wider areas encompassing municipalities and to complement municipal administration, prefectural authorities undertake projects to take the lead of municipalities, those that are difficult for them to conduct and those to support initiatives by them, in accordance with the actual situation of each prefecture.
Municipal authorities, which stand closest to the residents and are in charge of various administrations necessary for their daily lives, conduct a wide range of awareness-raising activities on human rights through various opportunities, in a more community-oriented and careful manner.
It has been pointed out, at the level of local authorities as well, that it is necessary to devise creative methods for human rights awareness-raising, to strengthen cooperation between the actors and to attempt to make the activities better known. It is also pointed out that, because the awareness-raising activities are initiated primarily by authorities, they tend to emphasize the acquisition of knowledge, not resulting in a situation where each and every resident have a better understanding of the philosophy of respect for human rights as their own problem. Furthermore, it has been pointed out that human rights awareness-raising is sometimes administered without self-motivation, which needs to be corrected.
(c) Awareness Raising-Activities by Corporations and Private Organizations
Corporations undertake awareness-raising activities on human rights on a voluntary basis in accordance with their actual situations and policies, although the extent of such initiatives is not the same. Specific initiatives include various training on human rights for employees; more proactive examples include the establishment of units to promote human rights awareness-raising, written guidelines on human rights and slogan competitions among employees.
Also, private organizations undertake a variety of important initiatives for human rights awareness-raising, including public information, research and study and training on human rights in general or specific human rights issues. They also conduct awareness-raising activities on human rights through participation in lectures and various events organized by central and local authorities.

(3) Center for the Promotion of Human Rights Education and Awareness-Raising

The Center for the Promotion of Human Rights Education and Awareness-Raising (CPHREAR)xi is a public service corporation, implementing a variety of education and awareness-raising activities on human rights, including those entrusted by the State. The Center is expected, as one of the private organizations as actors involved in human rights education and awareness-raising, to promote education and awareness-raising activities on human rights in an active manner, while securing its neutrality and impartiality, by providing indirect support to cooperation between such actors as the State, local authorities and private non-profit organizations and by making use of expertise of the private sector including corporations and research institutions as well as international bodies.
The projects undertaken by the CPHREAR include the following: the preparation of awareness-raising films; research and study as well as collection of information on human rights education and awareness-raising in and outside the country; the organization of Human Rights Forum; the organization of Human Rights Awareness-Raising Festivals in cooperation with central and local authorities; the provision of various information through the Database of Human Rights Information; the preparation of textbooks for personnel involved in human rights education and awareness-raising; the preparation of awareness-raising materials for in-service training by corporations; and support and cooperation for training targeted at officials who are involved in the administration of human rights awareness-raising at central, prefectural and municipal levels.
However, the Center is not provided with adequate arrangements including in terms of facilities and full-time staff to fulfill the above-mentioned responsibilities. The system to collect human rights information and the functions for research and study as well as for training of leaders for human rights awareness-raising have not been consolidated sufficiently.

(4) U.N. Decade for Human Rights Education

After the World Conference on Human Rights in 1993 emphasized the importance of human rights education (including both human rights education and human rights awareness-raising in the usage of the present draft Report), the 49th session of the United Nations General Assembly adopted a resolution to declare "the U.N. Decade for Human Rights Education" (1995-2004) and the accompanying Plan of Action.
Responding to it, the Headquarters for the U.N. Decade for Human Rights Education was established under the Cabinet in order to ensure close cooperation between the relevant authorities and the comprehensive and effective promotion of the relevant policies for the Decade. The Headquarters formulated and made public the National Plan of Action for "the U.N. Decade for Human Rights Education" in 4 July 1997. Since then, the relevant authorities have promoted human rights education including through the implementation of the measures identified in the National Plan of Action. The conclusions of the present Council are to be reflected in the implementation of the National Plan of Action.

3. Importance of Human Rights Education and Awareness-Raising in the Future As has been reviewed, there still remain a variety of human rights issues in our country. This can be explained by the fact that, as was stated in "1. The Actual Situation of Human Rights", each and every citizen has not acquired proper knowledge of human rights as well as instinctive sensitivity and sense of human rights that can be expressed in daily lives, resulting in a situation where a proper understanding of the philosophy of respect for human rights is not firmly established yet. Also, there remain a variety of problems with regard to the actual situation of human rights education and awareness-raising, as was mentioned in Part 2 of the present chapter.
In light of those situations, it is crucial to further promote human rights education and awareness-raising from now on, on the basis of the previous initiatives, in an attempt to ensure that a proper understanding of the philosophy of respect for human rights is sufficiently established among each and every citizen. At the present stage when we are entering into the twenty-first century, which is called "the century of human rights", an immediate and important task is to formulate policies for the more comprehensive and effective promotion of measures for human rights education and awareness-raising, on the basis of what the basic ideas should be with regard to human rights education and awareness-raising, and to implement them through mutual cooperation of the State, which has the responsibility to promote the relevant measures, and other implementing actors, aiming at national the realization of peaceful and affluent society where human rights of all are respected.


Chapter 2: On What the Basic Ideas Should Be with Regard to Human Rights

Education and Awareness-Raising

1. The Philosophy of Respect for Human Rights
Human Rights are inherent rights of all on the basis of human dignity. Human rights are essential entitlements for all members of society to secure the survival and liberty as individuals and to lead happy lives in society; they derive from dignity inherent to human beings.
The Constitution of Japan provides that human rights are fruits of the age-old struggle of man to be free and shall be conferred upon the people of this and future generations as eternal and inviolate rights (Articles 97 and 11). And in the Universal Declaration of Human Rights, which was adopted by the third session of the United Nations General Assembly and attained its fiftieth anniversary last year, it is noted that recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world (Preamble). The World Conference on Human Rightsxii in 1993 confirmed that human rights are the first and foremost in importance and that respect for human rights should be the norm for conduct for governments and peoples. Human rights have universal significance in this way and their substance is explicitly reflected in the Constitution of Japan in two comprehensive provisions, which provide for respect for individuals and for the right to life, liberty and the pursuit of happiness (Article 13) and equality under the law and non-discrimination (Art. 14), and in other specific and individual provisions which guarantee various human Historically, inviolability of these human rights has been understood primarily that they must not be violated by the public authority. In the light of the principle that a person should be respected as a human being in any relationships, however, it is needless to say that human rights should be respected not only in the relationship with the public authority such central and local authorities but in mutual relationships among citizens. In our country, there is a problem on the one hand that citizens do not claim their own rights when they have reason to do so; on the other hand, many persons cannot adequately care for the rights of others when claiming their own rights. This is, after all, because human rights have not been understood adequately and in a correct manner. In the light of the current tendency that respect for human rights is considered as a universal norm of conduct, it is important in our society hereafter for each individual to have a proper understanding of human rights not only of themselves but also of others, to be aware of the responsibility accompanying the exercise of their rights, to respect human rights mutually and to seek for their coexistence. Article 12 of the Constitution of Japan is a provision to the same effect.
All persons enjoy equally important human rights as human beings; it is only through mutual respect for human rights of citizens that peaceful and affluent society, where all individuals can pursue their own happiness to the maximum extent as autonomous beings, can be realized.
On the basis of this recognition, the present Council understands the philosophy of respect for human rights as mutual respect for human rights, based on a proper understanding of human rights not only of themselves but also of others as well as awareness of the responsibility accompanying the exercise of their rights; in other words, the idea of coexistence of human rights.

2. What the Basic Ideas Should Be with Regard to Human Rights Education and Awareness-Raising

In order to realize a society where human rights coexist and are respected, it is important that each and every citizen has a proper understanding of the philosophy of respect for human rights. Therefore human rights education and awareness-raising, intended for a better understanding of the philosophy among citizens, plays a vital role.
In order to enable each and every citizen to have a certain knowledge of the significance and importance of human rights, to acquire adequate sensitivity to grasp human rights issues without reasoning and to have adequate sense of human rights that enables them to express their human rights considerations in their attitudes and actions in daily lives, human rights education and awareness-raising requires creativity and innovation, such as taking up daily experiences at home, school and the community of the subject, in accordance his or her developmental stage. It is also necessary to take care that the seeds of the spirit of respect for human rights are planted in the sentiments at the early stage when personalities are formed. Furthermore, it is required to be careful not to impose human rights education and awareness-raising, in the light of its nature that it has close connections with what each and every citizen thinks and feels.
Human rights education and awareness-raising can be more effective when it is provided at various opportunities through the life of each and every citizen. Therefore, it is necessary for actors involved in human rights education and awareness-raising to attempt to promote it in a comprehensive manner in close mutual cooperation. There are two kinds of methodologies in human rights education and awareness-raising; one is an approach which deals with human rights in general, such as equality under the law and respect for individuals, from a universal perspective and the other is an approach which deals with concrete human rights issues from a specific perspective. The combination of these two approaches would lead to a better understanding of the philosophy of respect for human rightsxiii. These two approaches should be fully taken into consideration in human rights education and awareness-raising. When adopting the specific perspective approach, it is necessary to reflect on the actual situation of the community and other factors and to encourage participants to have a proper understanding of human rights issues and acquire reasonable judgement; in the process, it is also necessary to work on the basis of the evaluation of the results and methodologies in the previous initiatives for human rights education and awareness-raising with regard to the Dowa issue and other different human rights issuesxiv.
Furthermore, in order that human rights education and awareness-raising can be sufficiently effective, it should be understood and echoed widely among citizens both in terms of its contents and implementation methods.
Therefore it is desirable that human rights education and awareness-raising is universally accepted by citizens in terms of its contents and methods, and it is important for the relevant authorities to be self-motivated. On the other hand, all persons involved in human rights education and awareness-raising are expected to create environments where opinions on human rights issues can be exchanged freely in the spirit of tolerance for different views, paying enough attention to the fact that there are a variety of views on human rights issues as well as on the contents and methodologies of human rights education and awareness-raising among citizens. In this connection, it can be considered unfavorable for such environments to make excessive charges against those who allegedly behaved in a way which may not be compatible with human rights, since it would hinder free exchange of views among citizens. Public authorities in charge of human rights protection is required to respond in an expeditious and appropriate manner to those who behaved in a way which may not be compatible with human rights.

It is also necessary to try to eradicate widespread claims for unjust benefits on the pretext of human rights issues, since they would hinder an understanding of human rights issues among citizens and eventually shatter the effect of human rights education and awareness-raisingxv.

(1) Human Rights Education
Human rights education should be conducted from a perspective of lifelong education, in accordance with the developmental stages from early childhood and in mutual cooperation among school education, social education and home education with proper respect for the independence of each. In order to promote human rights education more effectively, attempts should be continued to expand learning opportunities, to develop and provide teaching methods and learning materials and to train and secure instructors. In human rights education, attention must be paid to preserving neutrality of education by clarifying its relationship with political and social movements, so that those movements are not claimed to be part of education.

(a) School Education
Since early childhood is a crucial stage when the basis of personality formation is established, it is necessary to try to plant the seeds of the spirit of respect for human rights in the sentiments, paying attention to the characteristics of early childhood development, including through making children familiarize animals and plants around them, recognize the precious nature of life and develop affluent sentiments.
At the primary and secondary stages, it is necessary to foster an understanding of the philosophy of respect for human rights through the entire educational activities of the school, in accordance with the developmental stages and the characteristics of each subject, and to promote education in which each and every student is taken care of.
For those purposes, it is important to develop affluent humanity, including the sentiments to cherish life, respect personalities of their own and others and recognize individuality of each other, the sentiments to care for others through understanding the pains of others and behaving on the basis of the awareness of how other persons feel and a sense of justice and fairness. It is significant for this purpose to expand opportunities to have rich experiences, including volunteer activities, experience activities and interactions with the elderly and disabled persons. Along with these, it is also necessary to ensure that pupils and students acquire the idea of respect for humanity, namely fundamental human rights, in a correct manner. In this regard, it is necessary to guide them to care for freedoms and rights of others and to be responsible for their behavior. When conveying the idea of respect for humanity, It is desirable to pay enough attention to the fact that pupils and students are in the process of development. At universities and other higher educational institutions, it is important to deepen the understanding of the philosophy of respect human rights further, so that the fruits of the previous education can be firmly entrenched. Universities and other higher educational institutions are expected to expand human rights education further, also because they perform functions to develop human resources in various sectors of society.

(b) Social Education
In social education, it is necessary to further promote learning about human rights through various measures for the advancement of lifelong education. It is required to further expand a variety of opportunities to learn about human rights through the lifetime, for the wide age ranges from early childhood to the elderly and in accordance with learning activities in each life cycle. It is also important to develop and provide learning programmes to stimulate learning motivation. At the stage of concrete implementation, creative and innovative ways can be developed so that participants acquire a sense of human rights expressed in their attitudes and behavior in daily lives, for example, by introducing experience activities such as participatory styles of learning and taking up familiar issues. It is also necessary to expand human resources of instructors, including through making use of those who have broad insight into human rights.
(c) Home Education
While home education is essentially provided on the basis of the values of each family, the family plays a crucial role in developing the foundations of the formation of personalities from early childhood, including affluent sentiments, sympathy and conscience, reflected in the fact that it is called the origin of education. Therefore it is necessary to improve the educational capacity of the family and parents themselves are expected to demonstrate attitudes free from prejudice and discrimination through daily lives before their children. Therefore it is important to seek for the further expansion of support to home education, including through providing learning opportunities to parents.

(2) Human Rights Awareness Raising

While variety forms of human rights awareness-raising have been conducted by different implementing actors, it is important for each actor to continue the persistent efforts step by step in order to ensure that each and every citizen truly acquire the philosophy of respect for human rights. While it is important to appeal for the philosophy of respect for human rights from a universal perspective such as equality under the law respect for individuals, various forms of creativity and innovations are required in addition to it in order that the philosophy is truly understood and echoed by citizens, including by adopting familiar and easy themes and expressions in line with specific human rights issues.
It is also important to adopt awareness-raising methodologies appropriate to the developmental stages of the targets. With regard to awareness-raising among children, for example, it is very effective to involve children in such activities as writing essays on human rights, inventing slogans on human rights and breeding plants, aiming at developing the sentiments to care for others through understanding the pains of others and behaving on the basis of the awareness of how other persons feel, which would result in more affluent sentiments in children. On the other hand, active use of the mass media would become vital in the future human rights awareness-raising. While the previous information activities primarily through lectures and other events have been effective to some degree, active use of the massmedia can be considered essential to convey the importance of the philosophy of respect for human rights effectively to more citizens.
Also, when human rights protection organs respond to human rights issues that have become a big social issue by making timely appeals from a perspective of human rights protection, much effect can be expected for the purpose of ensuring that many citizens have proper awareness of respect for human rights.
In order to ensure that members of the community are familiarized with the philosophy of respect for human rights and have a better understanding of it, it is also important to conduct community-based awareness-raising on human rights in accordance with the actual situation of the community, taking up specific case examples.
In developing creative and innovative ways of human rights awareness-raising, it is also effective to make use of daring ideas of private bodies (or corporations) that have publicity know-how.
In the context of complication and globalization of human rights issues, human rights awareness-raising, which has been conducted by various implementing actors, must be promoted in a more effective and comprehensive manner. For that purpose, implementing actors is required to strengthen organized cooperative relationships among each other in conducting awareness-raising, recognizing the roles of each actor.
The more citizens are aware of what actors are involved in what kind of activities and recognize the significance of those activities, the more the awareness-raising would be effective. Therefore the national Human Rights Protection Organs and the other relevant actors must be involved in active publicity to make their activities better know, including by using Web pages and the mass media.


Chapter 3: On the Measures to Promote Human Rights Education and Awareness-Raising in a Comprehensive and Effective Manner

1. The Roles of Implementing Actors Involved in Human Rights Education and Awareness-Raising
In order to realize a peaceful and affluent society where human rights of all are respected, first of all, each and every citizen is expected to endeavor to have a better understanding of the philosophy of respect for human rights, recognizing that it is his or her own problem. Partly in order to encouraging such efforts by citizens, each actor involved in human rights education and awareness-raising is required to recognize the basic ideas on human rights education and awareness-raising as has been mentioned, to clarify its role and to cooperate with each other in accordance with the role for the comprehensive and effective promotion of human rights education and awareness-raising. Needless to say, it is not only the high officials of each implementing actor but also those in charge of human rights education and awareness-raising who should endeavor to educate themselves in the above-mentioned manner.

(1) Administrative Authorities
The State and prefectural and local authorities are required to promote effective human rights education and awareness-raising through consistent strategies about who does what in accordance with the jurisdiction and functions of each. Specific roles of each administrative authority can be outlined as follows.

(a) The State
The State is expected to implement policies which should be carried out from a national perspective and to provide support to other implementing actors, such as gathering and providing accurate and different information on human rights education and awareness-raising, including global trends, and giving advice. Specific roles are as follows.
With regard to human rights education, the State is required, for example, to study and develop teaching methods and other matters, to train and secure instructors and to provide support to initiatives to provide learning opportunities, so that boards of education and other actors can be involved in self-motivated and unique initiatives. With regard to human rights awareness-raising, the Human Rights Protection Division of the Ministry to Justice is required, for example, to conduct nation-wide awareness-raising campaigns, to gather and provide the relevant information at the national level, to develop awareness-raising methodologies, to formulate guidelines for the promotion of awareness-raising and to support training for municipal officials in charge. Furthermore, the Human Rights Protection Division of the Ministry to Justice should play a central role in promoting cooperation with other central authorities that are involved in human rights awareness-raising in the context of their jurisdiction.
Regional and District Legal Affairs Bureaus and its branches are required to promote awareness-raising activities in accordance with the actual situation of the community and in cooperation with local authorities. In promoting these awareness-raising activities, it is important to seek for the establishment of appropriate cooperative relationships with public service corporations, designated non-profit corporations under the Promotion of Designated Non-Profit Activities Actxvi and other actors. In order to fulfil these functions, it is necessary that the personnel of the Human Rights Protection Division of the Ministry of Justice endeavor to further improve their expertise including through the expansion of training for them.

(b) Local Authorities
As local authorities in charge of wider areas encompassing municipalities, prefectural authorities are required, in cooperation with the State, to promote projects to support municipal initiatives in an active manner, including through the formulation and implementation of awareness-raising plans on the basis of the actual situation of the prefecture, the implementation of projects to take the lead of municipalities and those that are difficult for them to conduct and the provision of advice and information to municipalities. Municipal authorities are required, as basic units of local administration, to further promote community-based and careful activities for awareness-raising.
Prefectural and municipal boards of education are expected of an active role to support self-motivated and unique initiatives by schools, social education institutions and other actors through, for example, training of instructors, the preparation of teaching materials and the provision of learning opportunities. In this regard, it is necessary to secure neutrality of education and to ensure that appropriate education is provided at school and other places. Furthermore, more support should be given to home education in the light of its importance. In the process of promoting such human rights education and awareness-raising, it is desirable to keep stronger cooperation between prefectural and municipal authorities and between offices of the mayors and boards of education.
As has been mentioned, it is important to conduct community-based activities on human rights education and awareness-raising in accordance with the actual situation of the community. Since true understanding, sympathy and trust from members of the community is most important for the effective promotion of human rights education and awareness-raising, initiatives should be taken for the establishment of self-motivation of the authorities.

(2) Human Rights Commissioners
Approximately 14,000 Human Rights Commissioners are appointed in every municipality all over the country, being expected of major roles as agents for the wide dissemination of the idea of respect for human rights at the level of citizens' daily lives in the community.
They continue to be expected to conduct community-based awareness-raising activities in their jurisdiction in an active manner, having a nationwide perspective, together with the Human Rights Protection Division of the Ministry of Justice. In this process, they are required to conduct effective awareness-raising activities in close cooperation with municipal authorities and educational institutions. In particular, it is desirable hereafter that Human Rights Commissioners and their associationsxvii initiate planning of the above-mentioned awareness-raising activities. It is also necessary to further expand training for them in order to enable them to fulfil these functions sufficiently.

(3) Schools
The school plays an important role in the formation of children's personalities.Kindergartens are required to educate children in a way, which ensures that the seeds of the spirit of respect for human rights are planted. At the stage of compulsory education, primary and lower secondary schools should attempt to develop affluent humanity, including the sentiments to care for others, recognize individuality of each other and cherish life of their own and others, through creative initiatives such as experience activities. High schools are required to educate students in a way, which ensures that they have a proper understanding of human rights issues, on the foundation of compulsory education, and consider them from a broad perspective. For these purposes, it is important in the school management to create appropriate learning environments, under the educational policy to care for each and every children, so that pupils and students are respected as human beings with their own personalities. It is also necessary to expand in-service training at the workplace so that each and every teacher can improve and expand teaching metho