Franco Basaglia (1924–1980) has a particular relevance to psychiatry today as he combined social critique with psychiatric reform. In the new ‘metacommunity’ era in psychiatry, his radical and critical thinking provides important tools, as does his enduring message that ‘freedom is (still today) therapeutic’.

Through a historical analysis of Japanese constitutions and key constitutional drafts from the Meiji Era to the present day, this article examines the relationship between the constitution of Japan and the rights of indigenous peoples. In recent decades, the constitutions of a number of countries have introduced clauses recognizing the culture or rights of indigenous people, but this still remains a lacuna in Japanese constitutional debates. After examining the continuing social problems which result from this lack of constitutional recognition, particularly from the perspective of the Ainu and Ryūkyū peoples, the article concludes with a call to oppose current government schemes for constitutional change by putting forward a radical alternative proposal to revise the constitution in a way that would recognize and celebrate Japan's ethnic, historical and cultural pluralism.

Recent moves by the Abe administration to change the Japanese constitution may result in the most fundamental change to Japanese political life since the 1940s. Although there has been widespread debate on the possible revision of Article 9 – the constitution's Peace Clause – other profound implications of the push for constitutional change have received scant attention. This special issue edited by Tessa Morris-Suzuki and Shinnosuke Takahashi aims to take a broad view of constitutional debates in Japan today by posing two key questions: “What is the purpose of the constitution?” and “What does the constitution mean for a culturally plural and diverse society?”

Ken MacLean's Crimes in Archival Form (University of California Press, 2022) explores the many ways in which human rights ‘facts’ are produced rather than found. Using Myanmar as a case study, the book examines the fact-finding practices of a human rights group, two cross-border humanitarian agencies, an international law clinic, and a global campaign led by a nongovernmental organization. Foregrounding fact-finding in critical yet constructive ways prompts overdue conversations about the possibilities and limits of human rights documentation as a mode of truth-seeking. In raising these issues, the book calls on practitioners and scholars alike to be more transparent about how human rights ‘fact’ production works, why it is important, and when its use should prompt concern.

Although Prime Minister Abe Shinzo repeatedly touted Japan's values-oriented foreign policy in Asia there was little substance to this agenda. Like other nations, Tokyo downplays human rights and democratic values in favor of maintaining trade ties and securing geo-strategic advantage. It is thus a values-free diplomacy of pragmatism and expediency, dealing with regional governments as they are, not as one might wish them to be. Japan is certainly not unique in this regard, but Abe invites scrutiny of the government's record due to his rhetorical grandstanding. Colonial and wartime legacies have made it problematic for Japan to lecture and pressure regional governments on their political systems and practices. Moreover, the escalating rivalry with China for regional influence reinforces Tokyo's hesitation to promote democratic reforms for fear that it will lose clout by driving governments into Beijing's unconditional embrace.

The year 2022 marks the fiftieth anniversary of Okinawa's reversion to Japan. This article examines the Japan Civil Liberties Union's 1955 solidarity activism on occupied Okinawa, which generated Japanese civil society's first awakening to the “Okinawa problem.” The Asahi Shinbun's front-page article on the organization's publication “Human Rights Problems in Okinawa” and its follow-up coverage triggered public debate influencing Japan/U.S. official policies on Okinawa. Drawing on archival evidence, the article illuminates the contested nature of Japanese activism caught between Cold War Asia and decolonizing Asia. It argues that the 1955 activist movement shaped the subsequent trajectory of Japanese engagement with the “Okinawa problem.”

Despite one of the world's strictest and longest lockdown policies, the Philippines' securitized approach to containing the COVID-19 pandemic has led to unnecessary suffering, especially in poor communities. This article explores how the Philippine government's prioritizing of punitive policies such as detaining quarantine violators or attempting to decongest Manila by sending poor families to neighbouring provinces, magnifies existing socio-spatial inequalities and further spreads disease. In many of these communities, poverty is a co-morbidity. As local governments struggle to provide frontline health and social welfare services, high-profile arrests, media shutdowns, and the proposed Anti-Terrorism Bill spark concerns about restrictions on free speech while movement is curtailed. Nevertheless, community and private sector efforts around localized healthcare, food security, and inclusive mobility indicate potential paths towards a ‘better normal’ that goes beyond just survival.

This article spotlights a push for human rights amongst Japanese women and men supporting a marital law revision that will allow spouses to maintain their individual surnames. While proponents of the reform comprise a variety of genders, ages, marital status, value systems, and reasons for supporting the reform, they have all experienced, witnessed or contemplated inequity in society – experiences that have shaped their perspectives on the importance of the individual self and life choices, that have prompted their dissatisfaction with marriage laws, social practices, and norms. The fūfubessei movement, which has been considered as a gender-equality movement, should be viewed from the perspective that individuals have the right to make their own decisions about their lives, including their choice of surname.

Decisions around psychiatric interventions for children and young people involve balancing respect for the child’s wishes, the need to provide benefit and relevant risk factors. We recommend establishing a framework for assessment of interventions for children with mental disabilities, using a human-rights-based approach that can be applied across jurisdictions, alongside national laws.

In 2021, the 44th session of the World Heritage Committee Meeting voted to list the Kaeng Krachan Forest Complex as a Natural World Heritage Site, seven years after it was first nominated for consideration by Thailand. A central point to the debate was concerns raised over human rights abuses relating to the Indigenous Karen people living inside the park boundaries. This paper undertakes an analysis of the World Heritage Committee discussion, unpacking key themes of Outstanding Universal Value, human rights, and the role of local communities to illustrate the impact that World Heritage – and the subsequent Authorized Heritage Discourse (AHD) it creates – can have on Indigenous communities.

Long viewed as an example of effective multilateralism, UN peace operations are facing mounting challenges. Transformations in the landscape of conflict are outpacing their ability to respond. Rising expectations of peacekeeping have led to disenchantment with what they can deliver, while dis- and misinformation tactics undermine the efforts of the UN to make and build peace. As UN peace operations risk becoming another casualty of intensifying international tensions, great power rivalry, and the erosion of the rules and norms that govern international cooperation, we consider the future of UN peace operations. In the debate between a “pragmatic” and an “adaptive” approach to peacekeeping, we argue that a fundamental question is the ability of both alternatives to address three recurring issues that have shaped the effectiveness and legitimacy of peace operations: the mismatch between ambitious mandates and limited resources; the gap between the protection of civilians objective and its implementation in practice; and growing difficulties in honoring the principles of impartiality. We argue that policymakers and researchers should not lose sight of the fact that peacekeeping's legitimacy depends on its adherence to some version of host-state consent and some kind of restriction on when and how force is used. The expectation of civilian populations that the UN stands for protection also means that the UN must continue to safeguard some key norms associated with peacekeeping.

Adopting a human rights-based approach, this paper scrutinizes the treatment of illicit trafficking in cultural property as a human rights issue. The study focuses on the Iraqi contribution to the international agenda, revealing that Iraq co-sponsored at least 13 UN resolutions on the restitution of illegally expropriated cultural property, actively contributing to the negotiation of others, along with submitting its legal opinions on the drafts of relevant international documents, starting from as early as 1936 to culminate with the calls to stop cultural plunder feeding Western markets since the 1990s. Centering the Iraqi voices and adopting a critical decolonial rights-based perspective, the study showcases how illicit trade in cultural property clearly emerges as a violation of a state’s permanent sovereignty over its wealth and resources, negatively impacting its ability to guarantee the right to pursue economic, social, and cultural development for its people, as well as to freely dispose of their resources, the key components of the right to self-determination.

The Universal Periodic Review (UPR) is a human rights mechanism under which all UN members are subject to human rights reviews by other states. Given that North Korea is among the worst human rights violators globally, human rights practitioners and academic research have paid much attention to North Korea as a State under Review (SUR). What is much less known and researched is that North Korea actively engages as a ‘reviewer’, regularly making human rights recommendations to other UN members. Using UPR data from 2008 to 2020, this study explores the political dynamics of North Korean human rights recommendations by identifying to whom North Korea makes recommendations and why. We theorize that North Korea utilizes the UPR as a political arena wherein it pats on the back of politically close states and tries to shame politically antagonistic states. Empirical analysis shows that political closeness with North Korea is the main driver influencing its back-patting and shaming efforts in the UPR. Specifically, politically distant states from North Korea, measured by the UN General Assembly voting affinity and presence of unilateral economic sanctions, receive more condemnations and fewer back-patting recommendations. We also demonstrate that North Korea has become much more active over time in their shaming efforts. These findings suggest that even an isolated country like North Korea can learn how to operate in an international institution and can utilize it strategically.