著者

齊藤 功高

出版者

文教大学

雑誌

文教大学国際学部紀要 = Journal of the Faculty of International Studies (ISSN:09173072)

巻号頁・発行日

vol.26, no.1, pp.47-65, 2015-07-01

---

The military dictatorship ruled Brazil over a period of approximately 20 years from 1964 to 1985. Meanwhile, a number of human rights violations were carried out by the military regime. Were those of human rights violations settled in the period of transition to the democratic regime from the military regime? The 1979 Amnesty Law which was enacted as a temporary result in the reconciliation of Brazilian society has now become an obstacle to the settlement of human rights violations. Brazil’s Supreme Court judged the Amnesty Law as constitutional in 2010. However, the Amnesty Law did not conform to the Inter-American Convention on Human Rights according to the judgment of the Inter-American Court of Human Rights, which was issued in the same year. Therefore, first, I will outline the actuality of human rights violations under the military regime. Second, I will describe the content of the 1979 Amnesty Law and what effect it has on the Brazilian society. Third, I will discuss the movement of relief for the human rights violations that took place under the military regime in the transitional period through the truth commission. Fourth, I will examine what degree of influence the activities of the Inter-American Human Rights Commission and the judgment of the Inter-American Court of Human Rights have had in the country of Brazil. As a conclusion, I will mention that the activities to overcome the defects of the Amnesty Law have begun in Brazil.

著者

齊藤 功高

出版者

文教大学

雑誌

文教大学国際学部紀要 (ISSN:09173072)

巻号頁・発行日

vol.26, no.1, pp.47-65, 2015-07

---

The military dictatorship ruled Brazil over a period of approximately 20 years from 1964 to 1985. Meanwhile, a number of human rights violations were carried out by the military regime. Were those of human rights violations settled in the period of transition to the democratic regime from the military regime? The 1979 Amnesty Law which was enacted as a temporary result in the reconciliation of Brazilian society has now become an obstacle to the settlement of human rights violations. Brazil's Supreme Court judged the Amnesty Law as constitutional in 2010. However, the Amnesty Law did not conform to the Inter-American Convention on Human Rights according to the judgment of the Inter-American Court of Human Rights, which was issued in the same year. Therefore, first, I will outline the actuality of human rights violations under the military regime. Second, I will describe the content of the 1979 Amnesty Law and what effect it has on the Brazilian society. Third, I will discuss the movement of relief for the human rights violations that took place under the military regime in the transitional period through the truth commission. Fourth, I will examine what degree of influence the activities of the Inter-American Human Rights Commission and the judgment of the Inter-American Court of Human Rights have had in the country of Brazil. As a conclusion, I will mention that the activities to overcome the defects of the Amnesty Law have begun in Brazil.

著者

齊藤 功高

出版者

文教大学

雑誌

生活科学研究 = Bulletin of Living Science (ISSN:02852454)

巻号頁・発行日

no.40, pp.125-133, 2018-03-30

---

中国の憲法、刑法、刑事訴訟法に人権規定が導入されたにも関わらず、中国の人権侵害はどうして無くならないのか、人権侵害は、中国の法律上どのような根拠で正当化されているのかについて考察した。その結果、中国の法律には人権規定はあるが、人権の価値より、社会主義体制の存続、すなわち共産党の存続の価値の方が高位にあり、そのために、法律の曖昧さあるいは抜け穴を利用して、共産党批判を封じ込めようとしている。中国政府は、そのような法律の解釈を通して、公然と体制批判をする人々の人権を侵害し続けているのである。