Consular Notification Practice from the Perspective of International Human Rights Protection

The development of the humanization of international law has driven innovations in consular law.Consular treaties traditionally governing consular relations among states have begun to incorporate provisions for the protection of individual rights.Article 36(1)of the Vienna Convention on Consular Relations is seen as a“rights-empowering”clause,endowing consular notification with dual rights attributes and obligations and triggering consular assistance and protection mechanisms.Bilateral consular practices of states have also led to the customary implementation of mandatory notification duties,with consular notification evolving into a widespread state practice.Human rights documents,represented by the core United Nations human rights treaties,have gradually incorporated consular notification provisions,further reinforcing its procedural value in the human rights law implementation mechanism.In death penalty cases,international human rights bodies have promoted the human rights enhancement of“consular access”through consular notification,with specific recommendations and information-sharing mechanisms that will significantly advance the human rights enhancement process of consular notification.

Guarantee of Individualized Education Right for Children with Disabilities in China: A Study on the Compulsory Education Stage

The Regulation on the Education of Persons with Disabilities, which came into effect in 2017, stipulates for the first time disabled children’s right to individualized education, clarifies the subjects who determine and influence the individualized education that disabled children receive, and determines the procedures for disabled children to receive individualized education. However, compared to the subjects that determine disabled children’s right to individualized education and procedural provisions as stipulated in the U.S. laws such as the Individuals with Disabilities Education Act of 1990, the Regulation on the Education of Persons with Disabilities in China has some problems, including inadequate participation of disabled children and their parents and incomplete relief settlement mechanism. China should further improve the legal provisions relating to disabled children’s right to individualized education, and safeguard the right of participation and the right to relief of disabled children and their parents.

Individual Human Rights and Obligations Towards Communities

Tensions and oppositions between the individual and community have accompanied the discourse on human rights from the beginning. I want to first recall how in the UDHR （1948） and in the major human rights treaties, the rights and obligations of individuals are regulated towards communities. I then want to investigate whether the talk of ＂collective human rights＂, understood as ＂third- generation＂ rights, are of equal value to be set with individual human rights. Against communitarian arguments for the primacy of community-related duties one can stress an expansion of a liberal concept of human rights by the inclusion of justice demands and social human rights. To show that special community needs can be protected and promoted through individual human rights and national col- lective rights, I used the example of the protection of minorities. Finally, I will explain why human rights are not a comprehensive theory of the good and illustrate with this the limits, and also the original strength of human rights. We should not overestimate human rights, but also we should be aware that a sober understanding of human rights is philosophically reasonable, legally possible and politically of great importance.