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Prisoners' rights implementation in Japan: breaking the shackles with suspects

Published online by Cambridge University Press:  14 June 2021

Silvia Croydon*
Affiliation:
Graduate School of Human Sciences, Osaka University: Osaka Daigaku, Suita, Osaka565-0871, Japan
*
Corresponding author. E-mail: [email protected]

Abstract

Several decades have passed since the first call was made toward political scientists, among other social scientists, to devote attention to human rights and enrich, through empirical investigations, our understanding of how human rights implementation works. Today, the political science discipline is finally beginning to respond to this appeal, with an increasing number of scholars making it their goal to isolate variables that obstruct or facilitate human rights implementation. The current paper joins this burgeoning body of literature by offering a within-case analysis of Japanese prison policy-making. In particular, I compare the 2005 bill updating the Prison Law (Kangoku hō) that had been in force in Japan since the Meiji era with an earlier draft version of that bill which appeared in parliament on three occasions since the early 1980s. On the basis of the convergence of these bills in terms of seeking to align Japan with the evolved new global standards for convicted prisoners' treatment, I argue that a three-decade delay occurred in the implementation of prisoners' rights in Japan. To account then for this delay, I point to a provision pertaining to the criminal procedure (i.e., pre-conviction) which was incorporated in the law in question in 1908 merely for pragmatic reasons, and with regard to which the modern-time stakeholders of the bar and the police could not find agreement. Ultimately, the message that this case deals to the political science of human rights is that institutional–infrastructural factors, such as ties of legal nature, matter to human rights implementation.

Type
Research Article
Copyright
Copyright © The Author(s), 2021. Published by Cambridge University Press

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References

Beetham, D (1995) Introduction: human rights in the study of politics. Political Studies 43, 19.CrossRefGoogle Scholar
Brysk, A (2009) Global Good Samaritans: Human Rights as Foreign Policy. Oxford: Oxford University Press.CrossRefGoogle Scholar
Claude, R (1976) Comparative Human Rights. Baltimore, MD: Johns Hopkins University Press.Google Scholar
Croydon, S (2016 a) The Politics of Police Detention: Consensus of Convenience. Oxford: Oxford University Press.CrossRefGoogle Scholar
Croydon, S (2016 b) Prison Law reform in Japan: how the bureaucracy was held to account over the Nagoya prison scandal. The Asia-Pacific Journal: Japan Focus 14, 130.Google Scholar
Donnelly, J (1999) The social construction of international human rights. In Dunner, T and Wheeler, NJ (eds), Human Rights in Global Politics. Cambridge: Cambridge University Press, pp. 71102.CrossRefGoogle Scholar
Donnelly, J (2003) Universal Human Rights in Theory and Practice. Ithaca, NY: Cornell University Press.Google Scholar
Donnelly, J (2006) The virtues of legalisation. In Meckled-Garcia, S and Çali, B (eds), The Legalisation of Human Rights: Multidisciplinary Perspectives on Human Rights and Human Rights Law. NY: Routledge, pp. 61–74.Google Scholar
Forsythe, DP (1989) The Internationalization of Human Rights. Lexington, MA: Lexington Books.Google Scholar
Forsythe, DP (2000) Human Rights in International Relations. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Foweraker, J and Landmann, T (1997) Citizenship, Rights and Social Movements: A Comparative and Statistical Analysis. NY: Oxford University Press.Google Scholar
Freeman, M (2001) Is political science of human rights possible? Netherlands Quarterly of Human Rights 19, 123139.CrossRefGoogle Scholar
Freeman, M (2002) Human Rights: An Interdisciplinary Approach. Cambridge: Polity Press.Google Scholar
Freeman, M (2006) Putting law in its place: an interdisciplinary evaluation of national amnesty laws. In Meckled-Garcia, S and Çali, B (eds), The Legalisation of Human Rights: Multidisciplinary Perspectives on Human Rights and Human Rights Law. NY: Routledge, pp. 45–59.Google Scholar
Human Rights Watch (HRW) (1995) Prison Conditions in Japan. NY: Human Rights Watch.Google Scholar
Kaido, Y (2006) Newsletter. Center for Prisoners’ Rights No. 45.Google Scholar
Keck, ME and Sikkink, KA (1998) Activists Beyond Borders. Ithaca, NY: Cornell University Press.Google Scholar
Landman, T (2005) The political science of human rights possible. British Journal of Political Science 35, 549572.CrossRefGoogle Scholar
Landman, T (2008) Empirical political science and human rights. Essex Human Rights Review 5, 17.Google Scholar
Landman, T (2016) Rigorous morality: norms, values, and the comparative politics of human rights. Human Rights Quarterly 38, 120.CrossRefGoogle Scholar
Mertus, JA (2004) Bait and Switch: Human Rights and US Foreign Policy. London: Routledge.Google Scholar
Moriyama, M (2004) Hōmu Daijin to Shite no 880 Nichi (880 Days as Justice Minister). Tokyo: Kawade Shobo Shinsha Publishers.Google Scholar
Neary, I (2002) Human Rights in Japan, South Korea and Taiwan. London: Routledge.Google Scholar
Ogata, S (1987) Japan's united nations policy in the 1980s. Asian Survey 27, 957972.CrossRefGoogle Scholar
Peek, J (1992) Japan, the united nations and human rights. Asian Survey 32, 217229.CrossRefGoogle Scholar
Risse, T, Ropp, SC and Sikkink, KA (eds) (1999) The Power of Human Rights: International Norms and Domestic Change. Cambridge Studies in International Relations. Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Woodiwiss, A (2005) Human Rights (Key Ideas). London: Routledge.Google Scholar
Woodiwiss, A (2006) The law cannot be enough: human rights and the limits of legalism. In Meckled-Garcia, S and Çali, B (eds), The Legalisation of Human Rights: Multidisciplinary Perspectives on Human Rights: Multidisciplinary Perspectives on Human Rights and Human Rights Law. NY: Routledge, pp. 22–37.Google Scholar