
another point is that i don't understand how they can prevent doctors from doing their very job. there are lots of laws ("Duty to rescue") that force doctors to help people. In Germany, "Unterlassene Hilfeleistung" (neglect to provide assistance) is an offense.
en.wikipedia.org they cannot simply change laws.
by Edano 9/4/2011 8:28:22 PM

@elainekirk : i don't have a reason to sue the govj, but there are millions of japanese with reasons to do so. but i don't see any effort.
by Edano 9/4/2011 8:33:01 PM

they wanted to go under childrens rights but maybe your info will show that human rights is the stronger case I didnt think outside the box I was asked about childrens which of course lays responsibility with parents, your human rights case is much stronger
by elainekirk 9/4/2011 8:35:01 PM

WHO Constitution: "the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being..."
Every country in the world is now party to at least one human rights treaty that addresses health-related rights.
www.who.int this will count for children as well.
by Edano 9/4/2011 8:37:36 PM

Article 25 of the Universal Declaration of Human Rights 1948 states that "Everyone has the right to a standard of living adequate for the health, and wellbeing of himself and his family..."
en.wikipedia.orgfinally i found it.
by Edano 9/4/2011 8:39:45 PM

but as i read, the "right to medical care" is even controversial in the usa.
by Edano 9/4/2011 8:41:04 PM

The United Nations further defined the right to health in Article 12 of the International Covenant on Economic, Social and Cultural Rights in 1966. The Covenant guarantees the "right of everyone to the enjoyment of the highest attainable standard of health", and calls for the "provision for the reductions of . . . infant mortality and for the healthy development of the child; the improvement of all aspects of environmental and industrial hygiene; the prevention, treatment and control of epidemic, endemic, occupational, and other diseases; and the creation of conditions which could assure to all medical service and medical attention in the event of sickness."
en.wikipedia.orgby Edano 9/4/2011 8:42:01 PM

@RadioGuy yes, but they are not allowed to send someone away just because the gov makes a guinea pig study.
by Edano 9/4/2011 8:42:53 PM

"The right to health includes access to health services"
childrensrightsportal.orgby Edano 9/4/2011 8:45:15 PM

@elainekirk : this is for you:
childrensrightsportal.orgby Edano 9/4/2011 8:46:00 PM

@Edano that is one worth following I don't know whether they have the same pathetic care as the adults we were looking a few weeks ago when the priority was (and still is though now the health care has been added in) evacuation from contaminated areas
by elainekirk 9/4/2011 8:52:14 PM

So there are likely some international human rights issues. What about Japanese national laws. I know people had cited some animal cruelty and neglect laws they were going to try to slap the government with for leaving animals in the zone and actively preventing people from rescuing or feeding them.
by lillymunster 9/4/2011 8:52:32 PM

There have to be some international NGOs that watchdog some of these human rights issues. I think there has been a misnomer that because Japan is a first world country people couldn't have their human rights violated.
by lillymunster 9/4/2011 8:53:44 PM

@lillymunster in the case of the animals ironically enough the goj could argue they were protecting the humans
by elainekirk 9/4/2011 8:54:15 PM

@elainekirk i think the raising of radiation limits affects the right to health fundamentally, especially the health of children.
by Edano 9/4/2011 8:54:18 PM

@Edano yes you are right and I now see the advantage of posting important questions at intervals through the day I believe I just asked the once
by elainekirk 9/4/2011 8:56:17 PM

@elainekirk neglection of evacuation or covering up of radiation data can be a violation of the right to health.
by Edano 9/4/2011 8:56:48 PM

especially, if you ask for it and get no answer.
by Edano 9/4/2011 8:57:39 PM

@elainekirk the twist in the animal issue is the govt is forcing them to die slow agonizing deaths of starving to death vs. allowing rescue or euthanization. The animal rescue groups really need some lawyers. They have a pretty solid case with domestic law.
by lillymunster 9/4/2011 8:58:11 PM

@Edano we need to find how the Japanese use the human rights legislation I only know the europe :(
I know the uncrc but 4yrs ago it was without teeth as in there was nowhere to go with complaints of violations but I believe that has changed
by elainekirk 9/4/2011 8:59:08 PM

I think your all really on to something with the various human rights laws. Do we know someone with JP law knowledge? I have someone following me on twitter I think might know but have not conversed with them yet.
by lillymunster 9/4/2011 8:59:35 PM

@lillymunster where are all these ngo's in all this their silence is astounding considering the funds they get or do they just cover wildlife ?
by elainekirk 9/4/2011 9:00:23 PM

@elainekirk If it is based off of international laws and treaties the EU version could help us possibly sort things out.
by lillymunster 9/4/2011 9:00:33 PM

@lillymunster @edano seems to have a better handle on it than me I think my rust spots need some attention :)
by elainekirk 9/4/2011 9:01:32 PM

@elainekirk It is like the big NGOs went into hiding. The only one I have seen make public statements was Greepeace. Only the small citizen based ones like CRIIRAD and the animal rescue groups seem to be active.
by lillymunster 9/4/2011 9:01:48 PM

by Edano 9/4/2011 9:02:57 PM

just doing a quick skim of recent UN docs re Japan and human rights
"I expect the Japanese Government will contribute positively, constructively to the success [of the] high-level conference at the United Nations on 22 September on nuclear safety and nuclear security.
I am also grateful to the Japanese Government [for its] positive consideration on working together with the United Nations on how to help those affected people in the Horn of Africa.
The Japanese Government has shown such great generosity to provide the necessary financial support to those people. I am encouraged by Prime Minister Kan again considering some additional support for those people. The number of affected people has reached 12 million now.
I am also encouraged by Prime Minister Kan's consideration of how we can help South Sudan, the newest nation in the world, by dispatching peacekeepers, particularly engineering teams.
All these are the demonstration of the [contributions by the] Japanese Government to world peace and security, development and human rights. I am very grateful, particularly for the Japanese Government's strong support for my re-election as Secretary-General. I am looking forward to working very closely with the Japanese Government in the coming five years as Secretary-General of the United Nations"
www.un.orgby elainekirk 9/4/2011 9:11:54 PM

i think we have to read the japanese constitution and find the references to the human rights charta, esp the right to health.
by Edano 9/4/2011 9:17:29 PM

Article 25. All people shall have the right to maintain the minimum standards of wholesome and cultured living.
(2) In all spheres of life, the State shall use its endeavors for the promotion and extension of social welfare and security, and of public health.
history.hanover.eduby Edano 9/4/2011 9:23:53 PM

@Edano sounds good to me
by elainekirk 9/4/2011 9:24:58 PM

i think this is short, but sufficient. the govj has the obligation to provide public health care and security.
by Edano 9/4/2011 9:30:38 PM

@RadioGuy yep. that's it. even yamashit is mentioned.... :)
by Edano 9/4/2011 9:39:50 PM

"This document is being submitted to the Office of the High Commissioner for Human Rights/OHCH"
by Edano 9/4/2011 9:42:05 PM

@Edano @RadioGuy I remember posting this link from the letter
fukushima.greenaction-japan.org by elainekirk 9/4/2011 9:43:54 PM

i think the case of the resident who was rejected to get health care only because he was from fukushima on the base of a strange government decision should be submitted to the UN as well.
by Edano 9/4/2011 9:49:54 PM