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The National Formation of the Right to Health:Taking Broadcast Gymnastics as an Example
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作者 王理万 xu chao() 《The Journal of Human Rights》 2023年第5期1067-1096,共30页
Broadcast gymnastics,which was initiated in 1951,is one of the most widely adopted and popular mass sports activities in China,embodying the country's commitment to shaping the right to health of its citizens.The ... Broadcast gymnastics,which was initiated in 1951,is one of the most widely adopted and popular mass sports activities in China,embodying the country's commitment to shaping the right to health of its citizens.The history and development of broadcast gymnastics are closely tied to the destiny of the nation,reflecting clear national will,and aiming to achieve the goal of“shaping new individuals”.The institutional forms of broadcast gymnastics can be categorized into three stages:“military simulation”,“administrative reinforcement”and“market competition”,each of which aligns with the objectives and needs of different periods.Taking the establishment and promotion of broadcast gymnastics in China as a focal point helps construct a doctrinal framework for the right to health.Based on the purposes and means of health shaping,the implementation of the right to health can be divided into four types:national health projects,citizens'health rights,the social health industry,and civic health consumption.National health projects,facilitated by legislative mechanisms,provide institutional support and supply for citizens'health rights.The right to health,as a social right,has both a subjective rights orientation and an objective value order orientation,thus establishing the individual's subject status in terms of their right to health.Its defense aspect is oriented toward rejecting excessive state intervention,while the benefit aspect directly links to the state's payment measures.The boundaries of state power also need to be defined in the social health industry and civic health consumption.Hence,developing broadcast gymnastics involves adjusting its relationship with the overall objectives of the state and individual citizens'needs.It involves balancing the use of administrative and market methods,continually innovating sports programs that better suit diverse needs,and actively participating in the competition of the fitness market. 展开更多
关键词 broadcast gymnastics right to health national formation institutional form boundary of rights
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Voluntary and Compulsory "AIDS" Screening from the Perspective of Human Rights:A Study Based on HIV Exceptionalism
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作者 吴丹盈 李冠翔 《The Journal of Human Rights》 2019年第2期207-219,共13页
HIV screening can be used to detect,control and prevent the spread of HIV/AIDS.The attitude towards HIV screening relates to the general trend of human rights protection of AIDS sufferers and infectors.HIV exceptional... HIV screening can be used to detect,control and prevent the spread of HIV/AIDS.The attitude towards HIV screening relates to the general trend of human rights protection of AIDS sufferers and infectors.HIV exceptionalism has been adopted in traditional international practice.That means the specific notified,voluntary consent shall be obtained from examinees before they are screened.However,there is move to abandon HIV exceptionalism in order to detect more infectors and treat AIDS the same as another infectious disease.This has resulted in 'compulsory screening' and 'consent after notification'.In China, 'voluntary' screening, 'real-name detection' and 'compulsory screening' exist in different regions.Thus,it is crucial to identify the legal regulation principle of HIV screening from the perspective of human rights. 展开更多
关键词 HIV screening international EXCEPTIONALISM consentafter NOTIFICATION human RIGHT RIGHT of privacy
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Summary of the Seminar on “70 Years of the PRC’s Human Rights: Path, Practice and Theory”
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作者 魏晓旭 xu chao() 《The Journal of Human Rights》 2019年第3期384-395,共12页
The seminar"70 Years of the Prc’s Human rights:Path,Practice and Theory",sponsored by the china Society for Human rights Studies and the Publicity Department of the c Pc Jilin Provincial committee and organ... The seminar"70 Years of the Prc’s Human rights:Path,Practice and Theory",sponsored by the china Society for Human rights Studies and the Publicity Department of the c Pc Jilin Provincial committee and organized by Human rights research center of Jilin university,was held at Jilin university on May 9,2019.More than 100 officials,experts and scholars from state organs,universities and research institutions attended the seminar.The seminar focused on the historical development experience of the cause of human rights in china over the past seven decades since the founding of the People’s republic of china(Prc),as well as china’s human rights practices and theories and the promotion of human rights diplomacy and china’s right to speak on international human rights.The seminar was conducive to further understanding the development progress of human rights in the People’s republic of china,building consensus on human rights,and promoting the integrity and innovation of theoretical research on human rights. 展开更多
关键词 PRC HUMAN RIGHTS road HUMAN RIGHTS practices HUMAN RIGHTS theories review
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The“Erga Omnes”of the Protection of Fundamental Human Rights and the“Complementary Protection”of Refugees Not Prescribed by the UN Convention Relating to the Status of Refugees
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作者 孙旭 xu chao() 《The Journal of Human Rights》 2018年第5期561-574,共14页
The United Nations Convention Relating to the Status of Refugees 1951 and its Protocol in 1967 set Four Essentials to limit the definition of "refugee". The concept of complementary protection emerged in aca... The United Nations Convention Relating to the Status of Refugees 1951 and its Protocol in 1967 set Four Essentials to limit the definition of "refugee". The concept of complementary protection emerged in academia and practice for those who, though they do not have the essentials,are in need of protection. Complementary protection is considered not only a moral obligation, but also a legal obligation. Although as the result of developing the principle of "non-refoulement" in international law, "complementary protection" should be limited when economic and social rights are concerned. The development of the non-refoulement principle and the emergence of "complementary protection" are based on the Erga Omnes of human rights. The International Court of Justice has restricted the emergence and evolvement of obligations Erga Omnes within the scope of obligations concerning fundamental and non-derogable human rights, and therefore,the application of "complementary protection" in protecting economic and social rights has been limited. Only when the unbalance of economic and social rights has been serious enough to impact other fundamental human rights will the obligation of "complementary protection" ensue. 展开更多
关键词 REFUGEE complementary protection Obligation Erga Omnes fundamental human rights the principle of non-refoulement
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Upholding Integrity and Innovation to Promote Human Rights Development——Review of the Symposium on the 20th Anniversary of the Publication of Human Rights magazine
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作者 YAN Wenguang xu chao() 《The Journal of Human Rights》 2022年第4期813-823,共11页
Human Rights magazine and the Center for Human Rights Studies of Renmin University of China held the Symposium on the 20thAnniversary of the Publication of Human Rights magazine on May 18, 2022. More than 30 experts a... Human Rights magazine and the Center for Human Rights Studies of Renmin University of China held the Symposium on the 20thAnniversary of the Publication of Human Rights magazine on May 18, 2022. More than 30 experts and scholars from various universities and academic journals gathered online to discuss such topics as “an in-depth learning of General Secretary Xi Jinping’s important speeches on respecting and protecting human rights”, “review and prospect of the 20^(th)anniversary of the publication of Human Rights magazine”, and “the role of the academic journal platform on promoting the development of china’s human rights theories”. They studied Xi Jinping’s important speeches on China’s path of human rights, probed into the original concept of China’s human rights, and developed the discipline system, academic system, and discourse system of China’s human rights, providing insights for such academic journals as Human Rights to boost China’s human rights in theory and practice. 展开更多
关键词 Human Rights magazine China’s path of human rights theoretical innovation academic journal platform
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The Human Rights Legislation Practices of the Communist Party of China During the War of Liberation
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作者 化国宇 吕圣旺 xu chao() 《The Journal of Human Rights》 2021年第3期364-373,共10页
During the War of Liberation,the liberated areas,under the leadership of the Communist Party of China,kept deepening and developing the concepts and ideas of protecting human rights,promulgated a series of human right... During the War of Liberation,the liberated areas,under the leadership of the Communist Party of China,kept deepening and developing the concepts and ideas of protecting human rights,promulgated a series of human rights laws and related administrative programs,and put them into practice.The contents included not only the political rights of citizens but also their economic,social,and cultural rights,with emphasis on the protection of the rights to subsistence and development.The human rights legislation in the liberated areas has a wartime and class-based nature due to its social environment.It reflects the transition of the Communist Party of China from a revolutionary party to a ruling party on the historical stage.It played an important role in directing,advancing,and promoting the progress of democracy and the rule of law at that time and accumulated experience for the human rights legislation after the founding of the People’s Republic of China.History proves that the Communist Party of China has always been a political party dedicated to fighting for the human rights of the Chinese people,and only the Communist Party of China can lead China’s human rights development to a deeper level. 展开更多
关键词 The Communist Party of China human rights legislation in the liberated areas Constitutional Principles of the Shaanxi-Gansu-Ningxia Border Region Outline of China’s Land Law
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The Centennial History and Significance of the Protection of the Rights and Interests of Persons with Disabilities by the Communist Party of China
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作者 曲相霏 xu chao() 《The Journal of Human Rights》 2021年第2期284-310,共27页
The Communist Party of China has been concerned with the protection of the rights and interests of persons with disabilities since its founding.in the period of the new democratic Revolution and after the founding of ... The Communist Party of China has been concerned with the protection of the rights and interests of persons with disabilities since its founding.in the period of the new democratic Revolution and after the founding of the People’s Republic of China,it adopted a series of protective measures in various forms in line with local conditions.Since the reform and opening-up,the cause of persons with disabilities has developed in an all-around way under the leadership of the CPC.especially since the 18th national Congress of the Communist Party of China,the protection of human rights for persons with disabilities has been innovatively developed,and persons with disabilities have been truly participating in social affairs and share the country’s development gains as equal subjects of rights.The centennial history of the Party’s protection of the rights and interests of persons with disabilities shows that the CPC’s ideas of human rights protection consecutively comprise humanitarian assistance,humanitarian protection,and people-centered human rights protection.The main identity of persons with disabilities has changed from the object of protection during the revolution to the object of medical care and social welfare,and the subject of human rights.The content of protection of rights and interests has developed from survival assistance to comprehensive protection including education,rehabilitation,employment,etc.The dignity,autonomy,equality,and social participation of persons with disabilities as the subject of human rights have become increasingly prominent. 展开更多
关键词 Communist Party of China rights and interests of persons with disabilities survival assistance comprehensive protection
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Conflict and Balance Between the Right to Life and Other Rights
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作者 韩大元 xu chao() 《The Journal of Human Rights》 2020年第3期311-320,共10页
The global COVID-19 pandemic is changing the international order and transforming the lifestyle of the mankind pandemic prevention and control has posed new challenges to the traditional system of basic rights Conflic... The global COVID-19 pandemic is changing the international order and transforming the lifestyle of the mankind pandemic prevention and control has posed new challenges to the traditional system of basic rights Conflicts between the right to life and other rights, arising from the pandemic prevention and control measures adopted by governments, have triggered academic debates Governments have taken stringent pandemic prevention and control measures to protect the life, health and safety of the public, including restricting their personal freedom, freedom of religious belief as well as freedom in other spheres, with a view to safeguard the right to life In order to prioritize the right to life among the basic rights, its legitimacy basis should be researched on and a reasonable balance should be struck among the right to life, the right to dignity and other freedoms In the post-epidemic era, we should carry forward the human rights culture, optimize the system and mechanism that defend the value of the right to life, and endow the right to life with new connotation and mission. 展开更多
关键词 COVID-19 epidemic right to life right to dignity conflicts of basic rights
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Sci-tech Progress and Human Rights Development——Review of the 2022·China-Europe Seminar on Human Rights
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作者 滕锐 温婷 xu chao() 《The Journal of Human Rights》 2022年第4期800-812,共13页
The 2022·China-Europe Seminar on Human Rights,successfully held in Wuhan and Vienna on May 10,2022,was sponsored by the China Society for Human Rights Studies and Austria-China Friendship Association and organize... The 2022·China-Europe Seminar on Human Rights,successfully held in Wuhan and Vienna on May 10,2022,was sponsored by the China Society for Human Rights Studies and Austria-China Friendship Association and organized by the Institute for Human Rights Law of Huazhong University of Science and Technology,the National Human Rights Education and Training Base,and Austria-China Law Association.Scholars at home and abroad conducted extensive exchanges on the conceptual guidance and practical experience of actively promoting the balanced development of scientific and technological innovation and human rights protection,and discussed the problems and countermeasures in the practice of human rights protection in in relation to the advances in science and technology.The meeting reached a consensus on respecting and protecting human rights in the era of science and technology having become a new trend and new feature in the development of human rights amidst the collision of different viewpoints and the exchange of multi-party dialogues.It also further advocated that all countries actively carry out international cooperation in the field of science and technology,so that science and technology can make greater contributions to promoting the development of human rights in the world and building a community with a shared future for human beings. 展开更多
关键词 science and technology human rights global human rights governance
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