Comprehensive Research on Follow-up Activities Stipulated in the International Covenant on Civil and Political Rights in Multicultural Society

1990年，《公民权利和政治权利国际盟约》的监测机构人权事务委员会根据《任择议定书》第5条第4款制定了一项监测其意见后续行动的程序，并开始要求缔约国就所有发现违反《盟约》权利的意见提供后续行动资料。在这项研究中，我们从批准《任择议定书》的100多个缔约国中选择了40个有提交后续答复记录的缔约国，并调查了如何以及在多大程度上向申诉人提供了委员会要求的补救措施。我们审查了100多份个人来文，对每一件案件，都提交了控诉摘要、委员会对认定侵犯《盟约》权利的情况的看法、委员会建议的补救办法、缔约国和申诉人收到的后续资料以及分析性评论和评价。这项工作将编入数据库，从而作为了解《公民权利和政治权利国际盟约任择议定书》规定的后续程序及其执行情况的综合资源基础。还就各国关于《盟约》执行情况的报告的后续行动分析了后续程序及其执行情况。已按结论性意见的要求提交后续信息的九个缔约国被选中，并对建议是否得到适当执行进行了研究。研究讨论集中在文化、习惯和法律背景以及促进或阻碍执行结论性意见中提出的问题的因素。研究表明，委员会所讨论的许多人权问题反映了每个缔约国的文化、习俗、宗教和社会结构和做法。因此，在多元文化社会中充分实现普遍人权的努力需要进行分析，承认各自社会的文化多样性，而不是在一级上进行分析，而是从规范规定和做法的角度进行分析。少

In 1990, the Human Rights Committee, monitoring body of the International Covenant on Civil and Political Rights, established a procedure for the monitoring of follow-up to its Views under article 5, paragraph 4, of the Optional Protocol, and began to request follow-up information from States parties in respect of all Views with a finding of a violation of Covenant rights.In this research, we selected 40 States parties with record of submission of follow-up replies from more than 100 States parties which ratified the Optional Protocol, and looked into how and to what extent a remedy requested by the Committee has been provided to the complainant. Over 100 individual communications were under our scrutiny, and for each case, summary of the complaint, a View of the Committee where a violation of the Covenant rights are identified, a remedy recommended by the Committee, follow-up information received by the State party and the complainant are presented with analytical comments and evaluat … More ions. The work would be complied into database, thereby serving as a comprehensive resource base to understand follow-up procedure and its implementation stipulated in the Optional Protocol of the International Covenant on Civil and Political Rights.Analysis of the follow-up procedure and its implementation was also conducted in terms of the follow-up to the States reports on the implementation of the Covenant. Nine States parties that have submitted follow-up information as required in the Concluding Observation were chosen and research was undertaken whether the recommendations were properly implemented. Research discussions centered on cultural, customary and legal background and factors that have facilitated, or hampered, the implementation of issues presented in the Concluding Observation.From the research, it has been made clear that many of the human rights issues in question in the Committee reflect cultural, customary, religious and social structures and practices in each State party. Efforts toward full realization of universal human rights in multicultural society, therefore, requires analysis that recognizes cultural diversities of respective societies beyond analysis at the level, and from the perspective of normative provisions and practices. Less