Introduction: Osteosarcoma is the most common primary malignant bone tumor in children. It is highly aggressive and has a poor prognosis. A late presentation modifies and makes difficult the management affecting the s...Introduction: Osteosarcoma is the most common primary malignant bone tumor in children. It is highly aggressive and has a poor prognosis. A late presentation modifies and makes difficult the management affecting the survival of children. We report the case of a large conventional osteosarcoma in a 13-year-old girl. Case Presentation: Adolescent girl admitted for painful swelling of the left shoulder with absolute functional impotence of the thoracic limb and severe anemia. The painful swelling was thought to have been caused by a minor trauma that had occurred six months previously. The patient’s general condition was poor, and she presented with a large, shiny, painful mass over the shoulder and upper 2/3 of the left arm, measuring 28 cm long by 28 cm wide and 57 cm in circumference, and a large fistulous axillary adenopathy. CT scan showed a tumour lesion of the left humerus with liver and lung metastases, raising suspicion of osteogenic osteosarcoma. The tumor was classified according to TNM staging: T2N1M1(a + b). Management was modified when uncontrolled bleeding developed. It consisted of an extended amputation of the left thoracic limb. Pathological analysis showed a high-grade conventional osteosarcoma. Quality improvement was obtained for thirty days, followed by the onset of dyspnea. The evolution was towards death at forty days post-operatively. Conclusion: Osteosarcoma is a highly aggressive cancer. Delayed treatment leads to a fatal outcome. Early diagnosis is one of the challenges to be met in order to improve survival.展开更多
Accessibility is the basis and prerequisite for persons with disabilities to enjoy and exercise all human rights and fundamental freedoms With the rapid development of the internet, providing and promoting informatio...Accessibility is the basis and prerequisite for persons with disabilities to enjoy and exercise all human rights and fundamental freedoms With the rapid development of the internet, providing and promoting information accessibility is considered an important obligation for the State In the process of transforming international human rights law into domestic law, how to deal with the human rights protection of persons with disabilities and the obligations of the private sector to ensure persons with disabilities receive services and products that meet the requirements and principles of information accessibility has become a development issue in the new era Against the backdrop of the Convention on the Rights of Persons with Disabilities and in the context of the booming development of the cause of persons with disabilities in China, legal scholars, persons with disabilities, and organizations have jointly proposed the Beijing Initiative on the Principles of Information Accessibility for Science and Technology Products It clarifies that the private sector should embrace the human rights model advocated by the Convention in terms of information accessibility, and provide equal participation for persons with disabilities in the process of designing, producing and selling scientific and technological products The Initiative also states that the private sector should keep pace with the United Nation’s sustainable development goals and the basic national policy of building a well-to-do society in an all round way, ensuring persons with disabilities are included within a moderately well-off society It also provides civil opinions on the formulation and clarification of relevant laws in the future.展开更多
As a main component of international human rights documents, the United Nations core human rights conventions show obvious formal and substance commonalities. The formal commonalities consist in their being adopted by...As a main component of international human rights documents, the United Nations core human rights conventions show obvious formal and substance commonalities. The formal commonalities consist in their being adopted by UN General Assembly and their similarity in structure, subjects and systems. Their commonalities in substance include the similarity of contents, the homogeneity of the procedural mechanisms and the complementary nature of their normative interpretation. The commonalities among the UN’s core human rights treaties is the inevitable requirement of the universality and wholeness of human rights.展开更多
On December 18, 1979, the 34th General Assembly of the United Nations adopted the Convention on the Elimination of All Forms of Discrimination against Women with an overwhelming majority of the votes in its favor. Ove...On December 18, 1979, the 34th General Assembly of the United Nations adopted the Convention on the Elimination of All Forms of Discrimination against Women with an overwhelming majority of the votes in its favor. Over the past 30 years, the Convention has come to be known by increasing numbers of governments and people, particularly women's organizations. It has played an increasingly great role in protecting women's rights and enhancing women's status in society.展开更多
The convention on the Rights of Persons with Disabilities came into force on May 3, 2008? Reviewing the social background of the drafting of the convention and reinterpreting its basic concepts and core provisions are...The convention on the Rights of Persons with Disabilities came into force on May 3, 2008? Reviewing the social background of the drafting of the convention and reinterpreting its basic concepts and core provisions are of positive significance for the more comprehensive implementation of the convention in china’s domestic law and the advancement of the rights protection of persons with disabilities in china? The preamble of the convention on the Rights of Persons with Disabilities clearly confirms the value and foundation of the rights of persons with disabilities and establishes the guiding ideology and basic principles for the protection of the rights of persons with disabilities? china has actively implemented the convention through legislative, administrative measures and other appropriate measures in accordance with the requirements of the convention? in recent years, it has actively promoted the judicial protection of persons with disabilities by strengthening legal aid for persons with disabilities and strengthening judicial responsibility for handling cases of persons with disabilities?展开更多
The UN Convention on the Rights of Persons with Disabilities effective in 2008 explicitly stipulates that Member States shall guarantee that people with disabilities enjoy the right to education free from discriminati...The UN Convention on the Rights of Persons with Disabilities effective in 2008 explicitly stipulates that Member States shall guarantee that people with disabilities enjoy the right to education free from discrimination and without prejudice to equal opportunities.The Chinese government made amendments to the Law of the People s Republic of China on the Protection of Persons with disabilities and the Regulation on the Education of the Persons with Disabilities and issued a series of rules on the Education of the Persons with Disabilities so as to actively implement the Convention. In recent years,the number and proportion of children with disabilities who receive education in China and the number of students with disabilities receiving high school and higher education have been on the rise annually.However, there is still a gap in the level of education on all stages between persons with disabilities and persons without, presenting a huge challenge for the achievement of the right to education of persons with disabilities. We should continue to actively fulfill the obligations prescribed by the Convention to protect the right to education, explore the construction of integrated education, support the maintenance system,strive to improve the quality of special education,allocate resources for the education of persons with disabilities, and emphasize the appraisal of the education of persons with disabilities.展开更多
International migration mainly happens between the North and the South Mig rant workers have made important contributions to the inclusive growth and sustainable development of world economy, but their human rights a...International migration mainly happens between the North and the South Mig rant workers have made important contributions to the inclusive growth and sustainable development of world economy, but their human rights are often violated In recent years, frequent extreme terrorists attacks and large-scale refugee influxes have triggered anti-for eign sentiment and policies in developed countries, which expose migrant workers to an unprecedented human rights crisis The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an important convention adopted by the United Nations that specially protects human rights of migrant workers However, as the convention has not been ratified by major developed countries where most migrant workers seek employment, the protection regime has an empty shell Developing countries where most migrant workers originate from should strengthen cooperation among themselves and urge developed countries to fulfill the duty of human rights protection by normalizing the status of migrant workers and that of members of their families in employment countries and ratifying the convention as soon as possible.展开更多
The concept of a Community with a Shared Future for Mankind provides new theoretical support for the special protection of the rights of persons with disabilities. The Convention on the Rights of Persons with Disabili...The concept of a Community with a Shared Future for Mankind provides new theoretical support for the special protection of the rights of persons with disabilities. The Convention on the Rights of Persons with Disabilities is innovative in terms of its purposes and principles, logic and technology, and the actual implementation of the contracting parties, which is unique in the field of international human rights law. It is a "transcendental" interpretation of the concept of a community with a shared future for mankind and enhances the ethical values of international human rights law. The development of the cause of persons with disabilities in China is positively influenced by the values reflected in the concept of a community of shared Future for mankind and meanwhile highlights them, which provides "Chinese experiences" for the international cause of persons with disabilities.展开更多
“The best interests of the child”is an essential principle of the Convention on the Rights of the Child.Due to the abstractness and ambiguity of this principle,its application is inevitably subject to the judge’s p...“The best interests of the child”is an essential principle of the Convention on the Rights of the Child.Due to the abstractness and ambiguity of this principle,its application is inevitably subject to the judge’s personality.Through empirical analysis,we can find that the judicial documents invoking the principle of“the best interests of the child”by Chinese courts show a significant increase in the number of disputes,types of disputes,and pronounced regional characteristics.The application of this principle by the courts is highly consistent with the judicial interpretative documents issued by the Supreme People’s Court.The invocation of this principle plays the role of interpreting the provisions of the law,the value basis for discretion,and the value orientation for shaping new rules in adjudication.At the same time,it is plagued by a lack of guidelines for the application of principles,invocations that serve the will of judges,and imperfect thinking in weighing the various factors involved.The application of this principle should be improved by setting normative standards for the principle of“the best interests of the child”,increasing case guidance for invoking the principle,and enhancing the professionalism of judges.展开更多
The United Nations Convention on the Rights of Persons with Disabilities is a manifesto for the rights of the disabled. It establishes the values and concepts, the guidelines for action, and the system of rules for th...The United Nations Convention on the Rights of Persons with Disabilities is a manifesto for the rights of the disabled. It establishes the values and concepts, the guidelines for action, and the system of rules for the protection of the rights of persons with disabilities worldwide. As one of the main drafting countries and the first signatories of the Convention, China has been actively implementing the principles of the Convention and faithfully fulfilling the responsibilities of a signatory party, and has made great achievements in building up its legal system, policy and culture. However, compared with the goals of the Convention, there still exist some gaps in rights awareness, social environment and related systems. Guided by the spirit of the Convention, and taking into account China’s national conditions, the country will continue to cultivate its human rights culture, upgrade its capability to provide public services for people with disabilities, improve the construction of barrier-free environments, guarantee the full realization of the survival, development and participation rights of the disabled, and establish a new mode of protecting the human rights of persons with disabilities in China.展开更多
Since its establishment,the United nations open-ended Working group on aging has shouldered the historical mission of exploring the“possibilities”and even laying the“foundation”for a Convention on the Rights of ol...Since its establishment,the United nations open-ended Working group on aging has shouldered the historical mission of exploring the“possibilities”and even laying the“foundation”for a Convention on the Rights of older Persons.Although the formulation of a convention on the protection of the rights of older persons has been widely supported by the general public and many countries,it still faces many problems.China should adhere to the combination of“human rights”and“development”and adjust its policies to adapt to the new changes in related fields.With successful case studies,concise expression of rights,and regional contracting practice,China could participate more fully in the reform of the international mechanism for the protection of the rights of older persons to improve the voice in future international human rights governance and make greater contributions to the protection of the rights of older persons worldwide.展开更多
The 61st UN General Assembly adopted the Convention on the Rights of Persons with Disabilities in New York City on December 13, 2006. This is the first legally binding international convention on the protection of the...The 61st UN General Assembly adopted the Convention on the Rights of Persons with Disabilities in New York City on December 13, 2006. This is the first legally binding international convention on the protection of the rights of disabled persons, the first of its kind in the history of the United Nations. It is also the latest efforts of the international community to protect and promote human rights and development of persons with disabilities. On March 30, 2007, China signed the Convention. The following is an interview with Mr. Zhang Guozhong of the International Department of the China Federation for Disabled Persons, who witnessed the whole process of the negotiations on the Convention.展开更多
On the advent of the "International Human Rights Day" on Dec. 10, 2007, our staff reporter Interviewed Research Fellow Mo Jihong of the Chinese Academy of Social Sciences on how the international human rights conven...On the advent of the "International Human Rights Day" on Dec. 10, 2007, our staff reporter Interviewed Research Fellow Mo Jihong of the Chinese Academy of Social Sciences on how the international human rights conventions are implemented in China. Born in May 1965, Mo Jihong is a native of Jingjiang, Jiangsu Province. He is a research fellow at the Law Institute of the Chinese Academy of Social sciences and a tutor for Ph.D candidates in the International Human Rights Law. He also serves as an executive member of the Society for International Constitution Studies and vice-president of the Constitution Chapter of the China Society of Law. He was a visiting scholar at the Human Rights Institute of Norway, and the Raoul Wallenberg Institute of Human Rights and Humanitarian Law. His principal works include International Human Rights Convention and China (2005), Principles of Constitutional Sciences in Practice (2007) and In Defense of Legislation (2007). He was elected as one of the ten most outstanding young jurists in China. The following is the full text of the interview:展开更多
On December 13, 2006, the 61th UN General Assembly adopted the Convention on the Rights of Persons withDisabilities. This is the first legally binding international instrument dedi- cated to the protection of the righ...On December 13, 2006, the 61th UN General Assembly adopted the Convention on the Rights of Persons withDisabilities. This is the first legally binding international instrument dedi- cated to the protection of the rights of persons with disabilities and the latest effort by the international community to protect and promote the human fights of persons with disabilities. The Convention clarifies the rights of per- sons with disabilities to participate in political, economic, social, cultural and civil life and stresses that all signatory parties have the obligation and duties to ensure that persons with disabilities really enioy the same human rights,展开更多
Richard Jefferies presented one tragedy after another in a small and backward village in 19th England in his short story Acorn-gatherer.The paper explored the fundamental cause of those tragedies and drew a conclusion...Richard Jefferies presented one tragedy after another in a small and backward village in 19th England in his short story Acorn-gatherer.The paper explored the fundamental cause of those tragedies and drew a conclusion all those tragedies were the expression of human tragedy resulted from social conventions in the form of religion and the tragedy was actually a comedy for the little boy who was just the symbol of human tragedy in the story due to his special identity:an illegitimate child.展开更多
Aimed at eliminating all forms discrimination against women, ensuring human rights and fundamental freedoms for women in all fields and realizing de-facto equality between men and women, the Convention on the Eliminat...Aimed at eliminating all forms discrimination against women, ensuring human rights and fundamental freedoms for women in all fields and realizing de-facto equality between men and women, the Convention on the Elimination of All Forms of Discrimination Against Women adopted by the U.N. General Assembly is a most significant and most comprehensive legal document concerning the protection of human rights of women, which is called "The Charter of the Human Rights of Women." This thesis reviews the achievements and problems in the fulfillment by the Chinese government of obligations under the Convention after signing and ratifying it; and also puts forward some feasible approaches for improvement thereof.展开更多
The paths for applying the international human rights conventions in China should be recognized as follows: On the premise of respecting the Constitution of China, systematic human rights which could coordinate the re...The paths for applying the international human rights conventions in China should be recognized as follows: On the premise of respecting the Constitution of China, systematic human rights which could coordinate the relationship between the Constitution of China and international human rights conventions. The source of the human rights legislation obligations of the legislative organs of China is the Constitution of China, not the international human rights conventions. The legislature should understand and grasp the main contents of the human rights legislation obligations of the legislature according to Paragraph 3 of Article 33 of the Constitution while the interpretation of this clause must be based on the relevant provisions of the international human rights conventions. Human rights legislative obligations of the legislature can be classified into two types: legislative protecting obligations and legislative relief obligations of human rights. The NPC and its Standing Committee should be structurally responsible for the human rights legislation obligation, and the State Council and other organs of the State not for the legislation protection of human rights. A special human rights law should be enacted by the NPC.展开更多
Near 30 years after the adoption of the 1986 UN Declaration on the Right to Development, understanding of this Right still differs from one political group to another. The South stresses issues such as inequalities in...Near 30 years after the adoption of the 1986 UN Declaration on the Right to Development, understanding of this Right still differs from one political group to another. The South stresses issues such as inequalities in the international financial system, greater participation of developing countries in global decision-making on economic policy, and promoting a fairer trade regime. The North persists on apt domestic conditions in developing countries such as rule of law, good governance, democracy and responsible economic management. And while the NonAligned Movement calls for an international legal standard of a binding nature, the European Union is opposed to such an upgrade of the Declaration. In fact, drafting a Framework Convention on the Right to Development seems to be the best option for accommodating the concerns of the different political groups, as it allows for a step-by-step approach. A framework convention is a treaty under international law: such a treaty is open to States, and once it has entered into force, it is binding on States that have expressed consent. The potential added value of a Framework Convention on the Right to Development is to balance the current human rights regime with a treaty that goes beyond individual State responsibility and takes inspiration from principles derived from international development efforts, such as mutual accountability, alignment of policies among partner countries, and inclusive partnerships.展开更多
The legal confirmation process of women’s human rights has been undergoing great difficulties both in the United Nations and among nations. The Fourth World Conference on Women plays a role in promoting the legal pro...The legal confirmation process of women’s human rights has been undergoing great difficulties both in the United Nations and among nations. The Fourth World Conference on Women plays a role in promoting the legal protection of women’s human rights. Currently, the protection of women’s human rights has undoubtedly become the consensus of both international and domestic law. International conventions on human rights have become an important launching area for promoting international law on women’s human rights, owing to its legal binding force and supervising mechanism established under it. Domestic law has also become the first line of defense for protecting women’s human rights. However, it needs to be pointed out that, for international conventions on human rights and domestic legislation, the cognition and acceptance of social gender conception has not only promoted changes on forms, but, more importantly, on revolution at substantial level.展开更多
Marine rights and interests is an important part of national sovereignty, it is also an important part of national interests. At present, the maritime economy and coastline security of China is facing some new situati...Marine rights and interests is an important part of national sovereignty, it is also an important part of national interests. At present, the maritime economy and coastline security of China is facing some new situation and challenges. In view of the strategic significance and maritime situation of ocean development, it needs to work out a feasible ocean strategy of China from the need of safeguarding the interests of the whole country urgently. We must establish the maintenance strategies of China's marine rights and interests in order to realize the sustainable development of marine fights and interests.展开更多
文摘Introduction: Osteosarcoma is the most common primary malignant bone tumor in children. It is highly aggressive and has a poor prognosis. A late presentation modifies and makes difficult the management affecting the survival of children. We report the case of a large conventional osteosarcoma in a 13-year-old girl. Case Presentation: Adolescent girl admitted for painful swelling of the left shoulder with absolute functional impotence of the thoracic limb and severe anemia. The painful swelling was thought to have been caused by a minor trauma that had occurred six months previously. The patient’s general condition was poor, and she presented with a large, shiny, painful mass over the shoulder and upper 2/3 of the left arm, measuring 28 cm long by 28 cm wide and 57 cm in circumference, and a large fistulous axillary adenopathy. CT scan showed a tumour lesion of the left humerus with liver and lung metastases, raising suspicion of osteogenic osteosarcoma. The tumor was classified according to TNM staging: T2N1M1(a + b). Management was modified when uncontrolled bleeding developed. It consisted of an extended amputation of the left thoracic limb. Pathological analysis showed a high-grade conventional osteosarcoma. Quality improvement was obtained for thirty days, followed by the onset of dyspnea. The evolution was towards death at forty days post-operatively. Conclusion: Osteosarcoma is a highly aggressive cancer. Delayed treatment leads to a fatal outcome. Early diagnosis is one of the challenges to be met in order to improve survival.
文摘Accessibility is the basis and prerequisite for persons with disabilities to enjoy and exercise all human rights and fundamental freedoms With the rapid development of the internet, providing and promoting information accessibility is considered an important obligation for the State In the process of transforming international human rights law into domestic law, how to deal with the human rights protection of persons with disabilities and the obligations of the private sector to ensure persons with disabilities receive services and products that meet the requirements and principles of information accessibility has become a development issue in the new era Against the backdrop of the Convention on the Rights of Persons with Disabilities and in the context of the booming development of the cause of persons with disabilities in China, legal scholars, persons with disabilities, and organizations have jointly proposed the Beijing Initiative on the Principles of Information Accessibility for Science and Technology Products It clarifies that the private sector should embrace the human rights model advocated by the Convention in terms of information accessibility, and provide equal participation for persons with disabilities in the process of designing, producing and selling scientific and technological products The Initiative also states that the private sector should keep pace with the United Nation’s sustainable development goals and the basic national policy of building a well-to-do society in an all round way, ensuring persons with disabilities are included within a moderately well-off society It also provides civil opinions on the formulation and clarification of relevant laws in the future.
基金the periodic result of "Study on the Generation Path of International Discourse Right on Human Rights and China’s Discourse Right",a general project supported by 2017 National Social Science Foundation in China(Project No.:17BFX150)
文摘As a main component of international human rights documents, the United Nations core human rights conventions show obvious formal and substance commonalities. The formal commonalities consist in their being adopted by UN General Assembly and their similarity in structure, subjects and systems. Their commonalities in substance include the similarity of contents, the homogeneity of the procedural mechanisms and the complementary nature of their normative interpretation. The commonalities among the UN’s core human rights treaties is the inevitable requirement of the universality and wholeness of human rights.
文摘On December 18, 1979, the 34th General Assembly of the United Nations adopted the Convention on the Elimination of All Forms of Discrimination against Women with an overwhelming majority of the votes in its favor. Over the past 30 years, the Convention has come to be known by increasing numbers of governments and people, particularly women's organizations. It has played an increasingly great role in protecting women's rights and enhancing women's status in society.
文摘The convention on the Rights of Persons with Disabilities came into force on May 3, 2008? Reviewing the social background of the drafting of the convention and reinterpreting its basic concepts and core provisions are of positive significance for the more comprehensive implementation of the convention in china’s domestic law and the advancement of the rights protection of persons with disabilities in china? The preamble of the convention on the Rights of Persons with Disabilities clearly confirms the value and foundation of the rights of persons with disabilities and establishes the guiding ideology and basic principles for the protection of the rights of persons with disabilities? china has actively implemented the convention through legislative, administrative measures and other appropriate measures in accordance with the requirements of the convention? in recent years, it has actively promoted the judicial protection of persons with disabilities by strengthening legal aid for persons with disabilities and strengthening judicial responsibility for handling cases of persons with disabilities?
基金periodical achievement of "Research on Marching and Optimization of Supply and Demand of Public Services for Persons with Disabilities"(Project No.:2017ZDIXM116)as a key project of philosophy and social sciences for Institutes of Higher Learnings in Jiangsu Provincethe financial support of"Disability and Development Research Base"(Project No.:2017ZSJD011)as a project of off-campus research base for Institutes of Higher Leamings in Jiangsu Province and Six Major Talents Peak Projects of Jiangsu Province(Project No.:2016JY-043)
文摘The UN Convention on the Rights of Persons with Disabilities effective in 2008 explicitly stipulates that Member States shall guarantee that people with disabilities enjoy the right to education free from discrimination and without prejudice to equal opportunities.The Chinese government made amendments to the Law of the People s Republic of China on the Protection of Persons with disabilities and the Regulation on the Education of the Persons with Disabilities and issued a series of rules on the Education of the Persons with Disabilities so as to actively implement the Convention. In recent years,the number and proportion of children with disabilities who receive education in China and the number of students with disabilities receiving high school and higher education have been on the rise annually.However, there is still a gap in the level of education on all stages between persons with disabilities and persons without, presenting a huge challenge for the achievement of the right to education of persons with disabilities. We should continue to actively fulfill the obligations prescribed by the Convention to protect the right to education, explore the construction of integrated education, support the maintenance system,strive to improve the quality of special education,allocate resources for the education of persons with disabilities, and emphasize the appraisal of the education of persons with disabilities.
文摘International migration mainly happens between the North and the South Mig rant workers have made important contributions to the inclusive growth and sustainable development of world economy, but their human rights are often violated In recent years, frequent extreme terrorists attacks and large-scale refugee influxes have triggered anti-for eign sentiment and policies in developed countries, which expose migrant workers to an unprecedented human rights crisis The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an important convention adopted by the United Nations that specially protects human rights of migrant workers However, as the convention has not been ratified by major developed countries where most migrant workers seek employment, the protection regime has an empty shell Developing countries where most migrant workers originate from should strengthen cooperation among themselves and urge developed countries to fulfill the duty of human rights protection by normalizing the status of migrant workers and that of members of their families in employment countries and ratifying the convention as soon as possible.
文摘The concept of a Community with a Shared Future for Mankind provides new theoretical support for the special protection of the rights of persons with disabilities. The Convention on the Rights of Persons with Disabilities is innovative in terms of its purposes and principles, logic and technology, and the actual implementation of the contracting parties, which is unique in the field of international human rights law. It is a "transcendental" interpretation of the concept of a community with a shared future for mankind and enhances the ethical values of international human rights law. The development of the cause of persons with disabilities in China is positively influenced by the values reflected in the concept of a community of shared Future for mankind and meanwhile highlights them, which provides "Chinese experiences" for the international cause of persons with disabilities.
基金a phased result of the research project“Studies on the Relationship Between the Constitution and International Law”(18BFX034)backed by the National Social Science Fund of China
文摘“The best interests of the child”is an essential principle of the Convention on the Rights of the Child.Due to the abstractness and ambiguity of this principle,its application is inevitably subject to the judge’s personality.Through empirical analysis,we can find that the judicial documents invoking the principle of“the best interests of the child”by Chinese courts show a significant increase in the number of disputes,types of disputes,and pronounced regional characteristics.The application of this principle by the courts is highly consistent with the judicial interpretative documents issued by the Supreme People’s Court.The invocation of this principle plays the role of interpreting the provisions of the law,the value basis for discretion,and the value orientation for shaping new rules in adjudication.At the same time,it is plagued by a lack of guidelines for the application of principles,invocations that serve the will of judges,and imperfect thinking in weighing the various factors involved.The application of this principle should be improved by setting normative standards for the principle of“the best interests of the child”,increasing case guidance for invoking the principle,and enhancing the professionalism of judges.
文摘The United Nations Convention on the Rights of Persons with Disabilities is a manifesto for the rights of the disabled. It establishes the values and concepts, the guidelines for action, and the system of rules for the protection of the rights of persons with disabilities worldwide. As one of the main drafting countries and the first signatories of the Convention, China has been actively implementing the principles of the Convention and faithfully fulfilling the responsibilities of a signatory party, and has made great achievements in building up its legal system, policy and culture. However, compared with the goals of the Convention, there still exist some gaps in rights awareness, social environment and related systems. Guided by the spirit of the Convention, and taking into account China’s national conditions, the country will continue to cultivate its human rights culture, upgrade its capability to provide public services for people with disabilities, improve the construction of barrier-free environments, guarantee the full realization of the survival, development and participation rights of the disabled, and establish a new mode of protecting the human rights of persons with disabilities in China.
文摘Since its establishment,the United nations open-ended Working group on aging has shouldered the historical mission of exploring the“possibilities”and even laying the“foundation”for a Convention on the Rights of older Persons.Although the formulation of a convention on the protection of the rights of older persons has been widely supported by the general public and many countries,it still faces many problems.China should adhere to the combination of“human rights”and“development”and adjust its policies to adapt to the new changes in related fields.With successful case studies,concise expression of rights,and regional contracting practice,China could participate more fully in the reform of the international mechanism for the protection of the rights of older persons to improve the voice in future international human rights governance and make greater contributions to the protection of the rights of older persons worldwide.
文摘The 61st UN General Assembly adopted the Convention on the Rights of Persons with Disabilities in New York City on December 13, 2006. This is the first legally binding international convention on the protection of the rights of disabled persons, the first of its kind in the history of the United Nations. It is also the latest efforts of the international community to protect and promote human rights and development of persons with disabilities. On March 30, 2007, China signed the Convention. The following is an interview with Mr. Zhang Guozhong of the International Department of the China Federation for Disabled Persons, who witnessed the whole process of the negotiations on the Convention.
文摘On the advent of the "International Human Rights Day" on Dec. 10, 2007, our staff reporter Interviewed Research Fellow Mo Jihong of the Chinese Academy of Social Sciences on how the international human rights conventions are implemented in China. Born in May 1965, Mo Jihong is a native of Jingjiang, Jiangsu Province. He is a research fellow at the Law Institute of the Chinese Academy of Social sciences and a tutor for Ph.D candidates in the International Human Rights Law. He also serves as an executive member of the Society for International Constitution Studies and vice-president of the Constitution Chapter of the China Society of Law. He was a visiting scholar at the Human Rights Institute of Norway, and the Raoul Wallenberg Institute of Human Rights and Humanitarian Law. His principal works include International Human Rights Convention and China (2005), Principles of Constitutional Sciences in Practice (2007) and In Defense of Legislation (2007). He was elected as one of the ten most outstanding young jurists in China. The following is the full text of the interview:
文摘On December 13, 2006, the 61th UN General Assembly adopted the Convention on the Rights of Persons withDisabilities. This is the first legally binding international instrument dedi- cated to the protection of the rights of persons with disabilities and the latest effort by the international community to protect and promote the human fights of persons with disabilities. The Convention clarifies the rights of per- sons with disabilities to participate in political, economic, social, cultural and civil life and stresses that all signatory parties have the obligation and duties to ensure that persons with disabilities really enioy the same human rights,
文摘Richard Jefferies presented one tragedy after another in a small and backward village in 19th England in his short story Acorn-gatherer.The paper explored the fundamental cause of those tragedies and drew a conclusion all those tragedies were the expression of human tragedy resulted from social conventions in the form of religion and the tragedy was actually a comedy for the little boy who was just the symbol of human tragedy in the story due to his special identity:an illegitimate child.
文摘Aimed at eliminating all forms discrimination against women, ensuring human rights and fundamental freedoms for women in all fields and realizing de-facto equality between men and women, the Convention on the Elimination of All Forms of Discrimination Against Women adopted by the U.N. General Assembly is a most significant and most comprehensive legal document concerning the protection of human rights of women, which is called "The Charter of the Human Rights of Women." This thesis reviews the achievements and problems in the fulfillment by the Chinese government of obligations under the Convention after signing and ratifying it; and also puts forward some feasible approaches for improvement thereof.
文摘The paths for applying the international human rights conventions in China should be recognized as follows: On the premise of respecting the Constitution of China, systematic human rights which could coordinate the relationship between the Constitution of China and international human rights conventions. The source of the human rights legislation obligations of the legislative organs of China is the Constitution of China, not the international human rights conventions. The legislature should understand and grasp the main contents of the human rights legislation obligations of the legislature according to Paragraph 3 of Article 33 of the Constitution while the interpretation of this clause must be based on the relevant provisions of the international human rights conventions. Human rights legislative obligations of the legislature can be classified into two types: legislative protecting obligations and legislative relief obligations of human rights. The NPC and its Standing Committee should be structurally responsible for the human rights legislation obligation, and the State Council and other organs of the State not for the legislation protection of human rights. A special human rights law should be enacted by the NPC.
文摘Near 30 years after the adoption of the 1986 UN Declaration on the Right to Development, understanding of this Right still differs from one political group to another. The South stresses issues such as inequalities in the international financial system, greater participation of developing countries in global decision-making on economic policy, and promoting a fairer trade regime. The North persists on apt domestic conditions in developing countries such as rule of law, good governance, democracy and responsible economic management. And while the NonAligned Movement calls for an international legal standard of a binding nature, the European Union is opposed to such an upgrade of the Declaration. In fact, drafting a Framework Convention on the Right to Development seems to be the best option for accommodating the concerns of the different political groups, as it allows for a step-by-step approach. A framework convention is a treaty under international law: such a treaty is open to States, and once it has entered into force, it is binding on States that have expressed consent. The potential added value of a Framework Convention on the Right to Development is to balance the current human rights regime with a treaty that goes beyond individual State responsibility and takes inspiration from principles derived from international development efforts, such as mutual accountability, alignment of policies among partner countries, and inclusive partnerships.
文摘The legal confirmation process of women’s human rights has been undergoing great difficulties both in the United Nations and among nations. The Fourth World Conference on Women plays a role in promoting the legal protection of women’s human rights. Currently, the protection of women’s human rights has undoubtedly become the consensus of both international and domestic law. International conventions on human rights have become an important launching area for promoting international law on women’s human rights, owing to its legal binding force and supervising mechanism established under it. Domestic law has also become the first line of defense for protecting women’s human rights. However, it needs to be pointed out that, for international conventions on human rights and domestic legislation, the cognition and acceptance of social gender conception has not only promoted changes on forms, but, more importantly, on revolution at substantial level.
文摘Marine rights and interests is an important part of national sovereignty, it is also an important part of national interests. At present, the maritime economy and coastline security of China is facing some new situation and challenges. In view of the strategic significance and maritime situation of ocean development, it needs to work out a feasible ocean strategy of China from the need of safeguarding the interests of the whole country urgently. We must establish the maintenance strategies of China's marine rights and interests in order to realize the sustainable development of marine fights and interests.