Do victims of crime need compensation and why should the Japanese Government give them anything?
The Universal Declaration of Human Rights (1948) by the United Nations General Assembly
This has been accepted by many countries throughout the world. It was designed for recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family and is the foundation of freedom of speech and belief and from fear and want, or disregard, or any contempt for human rights, or barbarous acts which have outraged the conscience of mankind and to be equal before the law and be entitled without any discrimination to equal protection of the law. All are to be entitled to equal protection against any discrimination with the aim of having justice and peace in the world.
Japan Constitution
The Constitution contains many clauses however we have edited it to show only those related to the question. Please read the constitution.
CHAPTER III RIGHTS AND DUTIES OF THE PEOPLE
- Although these clauses do not specify victims of crime the rights of the people are comprehensibly respected by the constitution
- Article 11. The people shall not be prevented from enjoying any of the fundamental human rights. These fundamental human rights guaranteed to the people by this Constitution shall be conferred upon the people of this and future generations as eternal and inviolate rights.
- Article 12. The freedoms and rights guaranteed to the people by this Constitution shall be maintained by the constant endeavor of the people, who shall refrain from any abuse of these freedoms and rights and shall always be responsible for utilizing them for the public welfare.
- Article 13. All of the people shall be respected as individuals. Their right to life, liberty, and the pursuit of happiness shall, to the extent that it does not interfere with the public welfare, be the supreme consideration in legislation and in other governmental affairs.
- Article 14. All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin.
- Victims of crime may possibly use this section
- Article 16. Every person shall have the right of peaceful petition for the redress of damage, for the removal of public officials, for the enactment, repeal or amendment of laws, ordinances or regulations and for other matters; nor shall any person be in any way discriminated against for sponsoring such a petition.
What cost are involved?
There are many costs particularly, if the victims is injured and is unable to attend work, medical costs, legal charges etc. Ir a victim is killed then these costs are expected to be paid for by the victim's family. The USA Government found that a reported rape costs government up to $250,000 each. Victims of crime. that are not supported by the government do not usually have money and rely on charity or donations to fund legals cost only to find that the accused party always has expensive lawyers supporting them.
Conclusion
Failure to protect the people of Japan against criminal activities whether violent or not cannot be ignored when considering compensation. When a foreign government is involved due to the SOFA it cannot morally or ethically do nothing. All people have the right to be compensated by any government for their failure to provide a safe environment for its people
Jane own experience shows the two governments SOFA prevented Japan from helping but a private action taken by her in a Civil Court found the accused guilty. Many years later when she found the rapist she took him before an American Court where the Judge agreed with the Guilty Verdict determined by the Japanese Judge.
