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The Protection of Human Rights in the Construction of Barrier-free Environment--Viewed from the perspective of the Marxist Human Rights Concept
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作者 吕俊彦 LI Donglin(Translated) 《The Journal of Human Rights》 2023年第6期1277-1298,共22页
The construction of a barrier-free environment contains a rich connotation of human rights protection,and is closely related to the study of human rights protection in China.With the evolution of the concept of barrie... The construction of a barrier-free environment contains a rich connotation of human rights protection,and is closely related to the study of human rights protection in China.With the evolution of the concept of barrier-free design and the expansion of its beneficiary groups,constructing a barrier-free environment has become a basic task that benefits all members of society and meets the public needs of all the people,with its core goal expanding from the protection of the rights of the disabled to the protection of the basic rights and interests of all members of society.Building a barrier-free environment from the perspective of the Marxist human rights concept is conducive to safeguarding the people’s right to subsistence and development,and at the same time,it satisfies their demand for the right to pursue a high-quality and better life and reflects the common vision of everyone in society fully enjoying human rights.promoting the construction of a barrier-free environment in terms of legal protection based on China’s institutional advantages can improve and innovate the country’s legislation on the construction of a barrier-free environment,so as to play an exemplary and guiding role in enhancing the international barrier-free level and enable all people to enjoy the good life created through the drive to build a barrier-free environment. 展开更多
关键词 construction of barrier-free environment human rights protection Marxist human rights concept
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Revisiting the Spirit of the UDHR and Discussing Human Rights Development——Summary of Views from the Seminar Commemorating the 75th Anniversary of the Universal Declaration of Human Rights
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作者 刘炫麟 LI Donglin 《The Journal of Human Rights》 2024年第1期231-241,共11页
On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the si... On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the significance of the Universal Declaration of Human Rights,China’s theories and practices in respecting and safeguarding human rights,the three global initiatives and global human rights governance,human rights protection in the digital age,and telling Chinese stories of human rights in the new era.The discussions led to a broad consensus and achieved positive results. 展开更多
关键词 the Universal Declaration of human rights a community with a shared future for mankind the rule of law protection global human rights governance contemporary Chinese perspective on human rights
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The Historic Achievements of the Communist Party of China in Respecting and Protecting Human Rights in the New Era
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作者 张燚 ZHANG Lianying(Translated) 《The Journal of Human Rights》 2024年第2期287-305,共19页
In the new era,the Communist Party of China(CPC)has made historic achievements in respecting and protecting human rights.Building upon the principle of the“two integrations”(integrating the basic tenets of Marxism w... In the new era,the Communist Party of China(CPC)has made historic achievements in respecting and protecting human rights.Building upon the principle of the“two integrations”(integrating the basic tenets of Marxism with China’s specific realities and fine traditional culture),it has nurtured new theories on respecting and protecting human rights in the new era,which can address the fundamental questions of whom and what the human rights protection efforts in the new era are for.Guided by the principle of“taking our own path,”it has charted a distinct course for the development of human rights,diverging from the Western approach.The CPC has maintained the unity between Party leadership and the respect for and protection of human rights,promoting progress in human rights through the pursuit of“high-quality development,”and ensuring various fundamental rights of the people through the rule of law.Building upon the past experience,the CPC has established the“source”of the institutional framework for respecting and protecting human rights in the new era,crafted the“body”of this institutional framework,and introduced its practical“application.”In promoting the comprehensive advancement of human rights protection,the CPC has facilitated the connotative development of human rights protection in China,empowering China in international human rights discourse,and contributing Chinese strength and wisdom to global human rights governance. 展开更多
关键词 new era the Communist Party of China human rights protection historic achievements
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Systematic and Theoretical Unfolding of Research on Xi Jinping’s Discourses on Respecting and Protecting Human Rights
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作者 张新平 周艺晨 LI Rong(Translated) 《The Journal of Human Rights》 2024年第2期255-286,共32页
Xi Jinping’s discourses on respecting and protect-ing human rights stand as a shining example of the sinicization and modernization of Marxist human rights theory,embodying profound theoretical,political,practical,an... Xi Jinping’s discourses on respecting and protect-ing human rights stand as a shining example of the sinicization and modernization of Marxist human rights theory,embodying profound theoretical,political,practical,and cultural logic.Existing research has conducted comprehensive and systematic theoretical analysis and academic extractions on the following contents:the core essence in-herent in these important discourses,including the“theory of human rights concepts,”the“theory of human rights paths,”the“theory of human rights practices,”the“theory of human rights protection,”and the“theory of human rights governance,”along with their profound theoretical significance,practical significance,and global signifi-cance.In the future,researchers should emphasize efforts on studying the original texts and understanding the original principles.While focusing on the precision of concepts,the scientific nature of the prop-ositions,the maturity of theoretical systems,and the rigor of internal logic related to Xi Jinping’s discourses on respecting and protecting human rights,researchers should also pay attention to constructing a discourse system on human rights from the dimensions of discourse power,discourse cluster,and discourse field.Researchers should be adept at drawing innovative insights into human rights theory from China’s vibrant human rights practices and the vast masses of people.This approach will facilitate the systematic unfolding,academic trans-formation,and innovative development of Xi Jinping’s discourses on respecting and protecting human rights. 展开更多
关键词 respecting and protecting human rights systematic nature of content theoretical transformation of achievements
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The International Communication of Chinese Concept of Human Rights in the New Era
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作者 刘建军 王婷婷 SU Yilong 《The Journal of Human Rights》 2023年第3期512-530,共19页
The Chinese concept of human rights serves as the core value of China’s path of human rights development,guiding the comprehensive advancement of China’s human rights cause and providing Chinese wisdom for the devel... The Chinese concept of human rights serves as the core value of China’s path of human rights development,guiding the comprehensive advancement of China’s human rights cause and providing Chinese wisdom for the development of human rights cause worldwide.Throughout the development process of China’s human rights cause in the new era,the international communication of the Chinese concept of human rights has achieved positive results and played an essential role in the international human rights discourse struggle,external exchanges on human rights,and the transformation of international human rights mechanisms.However,it also faces challenges such as the dominance of Western human rights concepts,the marginalization of the Chinese concept of human rights,the incomplete establishment of China’s external discourse system on human rights,and constraints on international communication channels.Therefore,in the new era,it is crucial to address the weaknesses in the international communication of the Chinese concept of human rights,optimize communication channels,and enhance its international influence. 展开更多
关键词 Chinese human rights concept of human rights international communication
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The Prosecutorial Protection of Digital Human Rights
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作者 张杰 NI Weisi(译) 《The Journal of Human Rights》 2023年第5期1016-1039,共24页
In the digital age,the rise of digital human rights has become an important expansion in the field of human rights.When advancing digital prosecution strategies,prosecutorial agencies should pay greater attention to t... In the digital age,the rise of digital human rights has become an important expansion in the field of human rights.When advancing digital prosecution strategies,prosecutorial agencies should pay greater attention to the protection of digital human rights.The fragile state of digital human rights and the unique position of prosecutorial agencies in human rights protection make it imperative that prosecutorial agencies place more emphasis on fulfilling their responsibilities in legal oversight to promote the protection of digital human rights.Currently,prosecutorial agencies have strengthened the protection of digital human rights through such measures as promoting legal oversight with big data,enhancing the handling of criminal cases involving citizens'digital human rights,expanding the scope of public interest litigation protecting digital human rights,and improving their roles in civil and administrative prosecution.However,there are still challenges related to the inadequacy of updating the mindset,the incompleteness of measures,and the lack of innovation in mechanisms and systems.Therefore,prosecutorial agencies should further align with the implementation of digital prosecution strategies,update their human rights protection concepts,intensify efforts to combat cybercrime,strengthen the protection of citizens'personal information through prosecution,enhance public interest protection of collective digital human rights through public interest litigation,and actively innovate prosecutorial work mechanisms and systems to bolster the protection of digital human rights. 展开更多
关键词 digital human rights legal supervision prosecutorial protection four-pronged procuratorial protection
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The Development of Human Rights Protection in Cross-border Personality Rights and Tort Conflict Laws
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作者 徐伟功 张亚军 LI Donglin(Translated) 《The Journal of Human Rights》 2023年第6期1319-1346,共28页
Personality rights are basic rights related to human dignity in the concept of human rights protection,and respect for personality rights is the basic prerequisite for safeguarding other human rights.Human rights prot... Personality rights are basic rights related to human dignity in the concept of human rights protection,and respect for personality rights is the basic prerequisite for safeguarding other human rights.Human rights protection exerts a profound impact on the value of legislation and enforcement practices of private international laws in the field of cross-border personality rights infringement in various countries,which is mainly manifested in the integration of substantive justice and the humanistic care concept of protecting the rights of vulnerable groups into formal justice,and expands the development space of human rights protection ideas in cross-border personality rights and tort conflict laws.the diversity of human rights protection values determines that cross-border personality rights infringement may lead to conflicts between personality rights and other basic rights,such as freedom of speech.to reconcile such conflicts,a workable method is to prioritize personality rights protection in accordance with the hierarchy of rights theory in the value judgment of public order reservation or to clarify the limits of the right holder’s tolerance obligation through the limited application of the principle of proportionality.China’s current cross-border personality rights and tort conflict law can optimize the protection of the rights of vulnerable groups by diversifying the options of available legal methods,and establish a balancing mechanism between personality rights and freedom of speech,so as to improve China’s legal protection system for human rights in the field of foreign-related civil and commercial affairs. 展开更多
关键词 human rights protection protection of the rights of vulnerable groups substantive justice personality rights and tort conflict laws
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The Core of the Chinese Democracy Is to Respect and Protect Human Rights——A Summary of the Academic Seminar on Chinese Democracy and Human Rights Protection
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作者 毛俊响 毛成毅 JIANG Yu 《The Journal of Human Rights》 2023年第3期684-695,共12页
On March 26,2023,a Seminar on Chinese Democracy and Human Rights Protection was held,jointly organized by the National Human Rights Education and Training Base and the Human Rights Research Center of Central South Uni... On March 26,2023,a Seminar on Chinese Democracy and Human Rights Protection was held,jointly organized by the National Human Rights Education and Training Base and the Human Rights Research Center of Central South University under the guidance of the Chinese Society for Human Rights Studies.The event adopted a combination of online and offline channels.Over 30 experts and scholars from universities,research institutions,and practical departments across the country participated in extensive discussions on“Theoretical and Practical Aspects of Chinese Democracy and Protection of Human Rights.”The seminar aimed to focused on the essence,characteristics,advantages,and human rights implications of Chinese democracy and interpreted the concept of Chinese democracy and the protection of human rights through academic and theoretical methods. 展开更多
关键词 Chinese democracy protection of human rights the whole-process people’s democracy
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Concept of building a Community with a Shared Future for Human beings and International Cooperation on Pandemic Prevention and Control——Global Pandemic Prevention and Control and Human rights Protection the Second Session of the Series of international S
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作者 杨博超 YU Nan 《The Journal of Human Rights》 2020年第4期500-506,共7页
The global outbreak of COVID-19 has posed a great challenge to the human rights protection.On May 18,2020,the second session of the series of international seminars on"Global Pandemic Prevention and Control and H... The global outbreak of COVID-19 has posed a great challenge to the human rights protection.On May 18,2020,the second session of the series of international seminars on"Global Pandemic Prevention and Control and Human Rights Protection",organized by the Institute of Human Rights of China University of Political Science and Law under the guidance of the China Society for Human Rights Studies,was held online.The seminar was themed on the Concept of Building a Community with a Shared Future for Human Beings and International Cooperation on Pandemic Prevention and Control."Through the seminr,Chinese and foreign experts discussed in depth the values of human rights theories,the specific practices and measures taken by China and the European Union in fighting COVID-19,the protection of human rights in emergencies and the issue of human rights derogation.The seminar delivered a general consensus that prejudice should be abandoned in public health emergencies and international cooperation is continuously promoted within the framework of the United Nations to build a community with a shared future for human beings. 展开更多
关键词 COVID-19 pandemic human rights protection international cooperation a community with a shared future for human beings
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An Evaluation of the Core Controversies in Contemporary Western Human Rights Theory——A Study Based on the Examination of the Criterion of Fidelity to Practice
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作者 李聃 LI Donglin 《The Journal of Human Rights》 2023年第3期658-683,共26页
The development of theories on human rights with Chinese characteristics and China’s engagement in global human rights governance cannot be separated from attention to contemporary Western human rights theory.The deb... The development of theories on human rights with Chinese characteristics and China’s engagement in global human rights governance cannot be separated from attention to contemporary Western human rights theory.The debate between naturalistic and political conceptions of human rights has a long history,but discussions on the basic criteria for evaluating human rights theories have been insufficient.This article,focusing on the criterion of fidelity to practice,attempts to identify the development trajectory and direction of human rights theory.The universal claims of naturalistic human rights perspectives and the human rights catalog they propose have been criticized for deviating from practice.On the other hand,political conceptions of human rights,while emphasizing domestic human rights practices,have been criticized for their occasional nature and perceived loss of criticality.The broad-way practice theory seeks a third way that goes beyond the divide between these two perspectives.On the one hand,the theory itself faces limitations and the need for reshaping,while on the other hand,the traditional singular practice theory is also undergoing self-renewal.It can be said that the“internal critique”of contemporary Western human rights theory is already underway and will continue. 展开更多
关键词 human rights practices naturalistic conceptions of human rights political conceptions of human rights the broad-way practice theory singular practice theory
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Build Asian Consensus on Human Rights,Promote-Overview of Academic Viewpoints at the Asian Forum on Human Rights 2022
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作者 曹炜 张舒 LIU Haile 《The Journal of Human Rights》 2023年第2期444-458,共15页
The Asian Forum on Human Rights was held at the Renmin University of China(RUC)from November 26 to 27,2022.With the theme“Environment,Climate Change and Human Rights,”the event consisted of 12 sub-forums.The forum w... The Asian Forum on Human Rights was held at the Renmin University of China(RUC)from November 26 to 27,2022.With the theme“Environment,Climate Change and Human Rights,”the event consisted of 12 sub-forums.The forum was hosted by RUC and jointly organized by the RUC Law School,RUC School of Global Governance,Human Rights Center of RUC,RUC Asia-Pacific Institute of Law,and RUC Center for Coordination and Innovation of Food Safety Governance.The forum focused on discussing topics related to climate change and the environment and responded to common concerns of the international community.It built an international exchange platform to facilitate Asian scholars to build consensus on human rights.Covering a wide range of topics,the event promoted academic exchange in various fields.Experts and scholars from both home and abroad built an extensive consensus on topics such as climate change,environmental conservation,and human rights protection through open exchanges and in-depth discussions,contributing their ideas and wisdom to improving the common well-being of Asian people. 展开更多
关键词 human rights environmental rights climate change Asian concept of human rights
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The Socialist Rule of Law with Chinese Characteristics and Human Rights Protection 被引量:1
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作者 谷春德 《The Journal of Human Rights》 2015年第2期113-121,共9页
Law is the fundamental method of governance and the rule of law symbolizes modern civilization. The socialist rule of law is the rule of law rooted in the Chinese tradition, and designed and led by the Communist Party... Law is the fundamental method of governance and the rule of law symbolizes modern civilization. The socialist rule of law is the rule of law rooted in the Chinese tradition, and designed and led by the Communist Party of China(CPC). It is not only a tool for government, but also a driver of social progress. Meanwhile, the Chinese human rights system is also designed by the CPC. Both concepts—the socialist rule of law and the human rights system——are different from the West in terms of theory, path and systems. Human rights are the fundamental values of and the ultimate goal pursued by the rule of law; and the rule of law is the recognition of and guarantee for human rights. Efforts must be made to advance legislative, administrative and judicial protection of human rights. 展开更多
关键词 rule of law human rights fundamental value judicial protection
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Strive to Develop the Human Rights Cause——Speech at the forum on entry of human rights into the Constitution and legal protection of human rights(December23,2004) 被引量:2
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作者 JIANG ZHENGHUA vice-chairman of the NPC Standing Committee 《The Journal of Human Rights》 2005年第2期2-3,共2页
关键词 Speech at the forum on entry of human rights into the Constitution and legal protection of human rights Strive to Develop the human rights Cause December23 2004
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New Progress in the Judicial Protection of Human Rights in China 被引量:1
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作者 The State Council Information Office, PRC 《The Journal of Human Rights》 2016年第5期509-527,共19页
Foreword Respecting and protecting human rights is a constitutional principle in China.It also reflects the will and pursuit of the Communist Party of China(CPC),the Chinese government and the Chinese people.The judic... Foreword Respecting and protecting human rights is a constitutional principle in China.It also reflects the will and pursuit of the Communist Party of China(CPC),the Chinese government and the Chinese people.The judiciary is the last line of defense to safeguard social fairness and justice,and judicial protection of human rights is an important 展开更多
关键词 THAN MORE In New Progress in the Judicial protection of human rights in China
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Address by the UN High Commissioner for Human Rights Ms. Louise Arbour at the Opening Ceremony of the 13th Annual Workshop of the Framework on Regional Cooperation for the Promotion and Protection of Human Rights in the Asia-Pacific Region 被引量:1
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作者 Louise Arbour 《The Journal of Human Rights》 2005年第6期4-6,共3页
关键词 Louise Arbour at the Opening Ceremony of the 13th Annual Workshop of the Framework on Regional Cooperation for the Promotion and protection of human rights in the Asia-Pacific Region Address by the UN High Commissioner for human rights Ms Asia UN
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Protection of Women's Rights Means Human Rights Protection——Marking the 30th anniversary of the Convention on the Elimination of All Forms of Discrimination against Women 被引量:1
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作者 LIU BOHONG deputy director of the Research Institute for Women under the All-China Women’s Federation 《The Journal of Human Rights》 2010年第2期4-7,共4页
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
关键词 protection of Women’s rights Means human rights protection Marking the 30th anniversary of the Convention on the Elimination of All Forms of Discrimination against Women
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On the Conflict and Balance Between Anti-terrorism and Protection of Human Rights
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作者 丁守庆 古丽燕 LU Mimi(译) 《The Journal of Human Rights》 2019年第5期564-578,共15页
With the increasingly serious global terrorism situation,all countries have continuously revised their anti-terrorism laws and related criminal laws,adopting legislation to restrict and derogate civil liberties,increa... With the increasingly serious global terrorism situation,all countries have continuously revised their anti-terrorism laws and related criminal laws,adopting legislation to restrict and derogate civil liberties,increased the punishment for terrorists,and adopted corresponding anti-terrorism measures to increase monitoring of suspicious persons.In this context,conflicts and contradictions in human rights protection and the fight against terrorism often arise.The Xinjiang uygur Autonomous Region is at the forefront of China’s anti-terrorism efforts.Facing the special situation of dealing simultaneously with the slowdown in economic growth,making difficult structural adjustments,and absorbing the effects of the previous economic stimulus policies,since 2014,the local government of Xinjiang has adopted a combination of measures on anti-terrorism and de-extremism work and achieved significant results under the correct guidance of the strategy of governance in Xinjiang proposed by the central government.The most important consideration of anti-terrorism lies in the analysis Chinese and Western human rights values,coordinate and balance the relationship between anti-terrorism and human rights protection within the existing legal framework. 展开更多
关键词 TERRORISM XINJIANG GOVERNANCE human rights protection
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The Constitutional Analysis of Human Rights Legislative Protection
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作者 刘志刚 《The Journal of Human Rights》 2015年第3期286-297,共12页
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
关键词 international human rights conventions LEGISLATIVE protection human rights constitutional analysis
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Multilevel Protection of Human Rights in the Inter-American System: Existence of this Protection at International and National Levels
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作者 Claudio Nash ROJIS 《The Journal of Human Rights》 2015年第6期588-596,共9页
This paper seeks to demonstrate that in the Inter-American human rights system, there is a form of multilevel human rights protection. To do so, a number of institutions where this protection is present are reviewed. ... This paper seeks to demonstrate that in the Inter-American human rights system, there is a form of multilevel human rights protection. To do so, a number of institutions where this protection is present are reviewed. In addition, regulatory and practical bases having made this form of protection possible are outlined. Lastly, the issue of the relationship produced at the level of the judiciary from this multilevel discussion between national and international systems is discussed. 展开更多
关键词 Inter-American human rights system human rights protection international level national level
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Protection of Minority Linguistic Rights from the Perspective of Human Rights
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作者 黎梦 LI Man 《The Journal of Human Rights》 2017年第6期578-596,共19页
The protection of minority rights and the construction of a multi-ethnic country are two aspects of the same historical process. Language is one of the most prominent characteristics and symbols of an ethnic group. Th... The protection of minority rights and the construction of a multi-ethnic country are two aspects of the same historical process. Language is one of the most prominent characteristics and symbols of an ethnic group. The diversity of languages is also the common wealth of the entire human race. Linguistic rights are an important part of the cultural rights of ethnic minorities. Recognizing and guaranteeing the rights of ethnic minorities to live, study, and work and to enjoy and develop their own culture and language is the significant contents of their rights. The Chinese government has always attached importance to the protection of cultural rights and other rights of ethnic minorities, including language rights. The Constitution of the People’s Republic of China, the National Regional Autonomy Law, and other laws and regulations as well as the National Human Rights Action Plan of China and other policy documents all have relevant provisions, which help to form a harmonious and diverse multi-ethnic development pattern. 展开更多
关键词 ethnic minorities linguistic rights human rights legal protection
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