Five Years after the Entry of Force of the Optional Protocol to the International Covenant on Economic,Social and Cultural Rights: Some Observations

The optional Protocol to the international covenant on economic, Social and cultural Right was adopted in 2008 and entered into force in 2013? During the five years after its entry into force, 23 States have ratified the optional Protocol, and 23 individual communications have been submitted to the committee on economic,Social and cultural Rights? comparing with the acceptance of individual communication procedures under other core international human rights treaties, the record of ratification of the optional Protocol is not satisfactory? in its examination of individual communications,the committee on economic, Social and cultural Rights has made detailed reasoning, extensively referred to its previous general comments, and in case of violations found, suggested both specific and general remedies? in its practice of examining individual communications, the committee on economic, Social and cultural Rights needs to clarify and define the rights under the covenant and their corresponding obligations, while maintaining its nature and role as a supervisory body, without expanding its competence to an unacceptable extent?

Resource Extraction in the Territories of Indigenous Peoples： The Quest for Cultural Rights

The rapid industrial growth amidst the resource-rich habitats of indigenous people results in an unprecedented and inescapable influence of the other. Most often, such interactions are exploitative for the indigenous communities. Besides this, the development induced displacement escalate the fear of loss of ＂cultural practices＂ among the indigenous peoples. The ＂official＂ argument often confines to the fact that the people are displaced with better facilities to a place few kilometres away from the original habitat. Such an argument forces to establish harmony between development and the displaced and ignores cultural rights and customary boundaries. In such cases, indigenous peoples negotiate for the protection of cultural rights with the corporate establishments and statutory bodies using a variety of means. This idea is explored in the context of the resistance movement organized by the indigenous Kondhs of Niyamgiri region of Odisha, India.

Migrant Workers' Lack of Cultural Rights and Interests and Government Safeguard Measures

This paper analyses the status quo of migrant workers' lack of cultural rights and interests as follows:the holistic cultural life of migrant workers is scant and monotonous;the cultural facilities provided by the majority of enterprises are critically short;the cultural life of migrant workers has the characteristic of closeness to some extent;the holistic cultural consuming capacity of migrant workers is very low,and they are not satisfied with their own cultural life.This paper puts forward the measures that the government should adopt to make up for the lack of migrant workers' cultural rights and interests as follows:first,it should eliminate discrimination in terms of system,and incorporate migrant workers' cultural rights and interests into the building scope of urban public culture;second,it should establish a variety of free public culture facilities,to adapt to the needs of migrant workers;third,it should formulate various kinds of laws and regulations,to effectively safeguard migrant workers' cultural rights and interests.

Legislative Protection for Women's Rights and Interests after the Founding of the People's Republic of China

The process of legislative protection for women’s rights and interests of the new China can be divided into two phases: The first phase is from the establishment of the People’s Republic of China to the adoption of the policy of reform and opening up to the outside

The Constitutional Analysis of Human Rights Legislative Protection

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.

Poverty Reduction, Cultural Narrative, and the Realization of Development Rights in South-South Cooperation

The development of any country or society requires a cultural context. A cultural narrative influence the process of development by shaping people’s views and actions, and thus policy. This paper first discusses the importance of cultural narratives, and then analyzes the different cultural narratives on poverty reduction, development, right to development, and South-South Cooperation. It illustrates how cultural narratives significantly influence social justice development and reforms.

The Pathway to Legitimacy and Universality of Human Rights from a Cross-Cultural Perspective——A Brief Review of An-Na'im's Theory of Human Rights Legitimacy and Dialogue

Within the international human rights circle,Abduliahi AhmedAn-Na’im is regarded as a representative of Southern voices."Under such a circumstance that the confrontation between the West and non-Western countries on human rights has become a routine reality,An-Na’im advocates a contingent universality of human rights or"contingent universality of human rights,"and insists that the universality of human rights be based on the cultural legitimacy of human rights.While he sees the internal dialogue of human rights in all non-Western countries,including Islamic ones,as a basic way to ensure the international human rights standards be accepted gradually,he also believes the cross-cultural dialogue among different societies can eventually lead to the reconstruction of the legitimacy of international human rights standards or even the standards themselves.An-Na’im’s theory of moderate cultural relativism points a way to achieve universality of human rights for developing countries,but there are a few questions that need to be further addressed.

Improvement of Legislation System of Protecting Women’s Rights and Interests in China——Taking the Amendment of the Law on the Protection of Women’s Rights and Interests as an Opportunity

The Law on the Protection of Women’s Rights and interests has been amended twice since it was promulgated 1992,and it has formed a relatively complete legislation system together with relevant laws and regulations,accumulating experience of judicial application in practice.In the current proposed amendment of the Law on the Protection of Women’s Rights and interests,the main issues that should be considered are:First,the legislative purpose of this law should be reviewed to clarify the three legislative positions of the Law on Women’s Rights and interests,in terms of protection,practice and foundation.Second,it is necessary to grasp whether the text content is appropriate and rectify any defects in the existing text.Third,it should explore how to reform and implement specific systems from the micro perspective to improve the specific systems of women’s personal,property,and social rights and interests.Fourth,it should strengthen the systematic interaction with other norms at different levels and implement the principle of gender equality stipulated in the Constitution of the People’s Republic of China.Fifth,attention should be paid to the necessity of invoking the Law in judicial practice,the possibility of operation and the effectiveness of enforcement.The proposed amendment of the Law on the Protection of Women’s Rights and interests should also sum up the experience of local legislation and judicial decisions and improve the quality of judicial application of the law so that is truly responds to the practical needs and challenges of the protection of women’s rights and interests and the implementation of gender equality in the new era.

Human Rights and Cultural Diversity: Evolving Dynamics of Universality and Relativism——Safeguarding the rights of others is the most noble and beautiful end of a human being～Khalil Gibran

1. Introduction Culture is a defining feature of an individual＇s identity. It embraces everything from the traditions, beliefs and values of an individual＇s family and community. It is also the language one speaks, and place of worship. Culture is all of these elements and the way they connect to make up one＇s way of life. It is often the source for serf-definition, expression, and sense of group belonging.

Cultural Diversity and Human Rights Development in Asia

Asia is an area filled with vigor and vitality and also conflicts, an area that ＂takes pride in its rich cultures, religions and diversity.＂More and more statesmen and scholars are watching closely the human rights conditions in the changing Asia. Asia is no longer a concept in its economic, cultural and geographical sense. It has become a regional community that has had an important impact on the human rights development in the world. In the 21 st century filled with challenges and hopes, people want to see not only an economically prosperous Asia but also an Asia community with increasing humanistic spirit and pursuit for constitutionalist values.

Cultural Transformations in China and Progresses in Human Rights Cause

Human rights refer to the rights that should be enjoyed by anyone as human beings. However, human beings have not only the natural at- tributes, but also social attributes, including such high-level social at- tributes as thinking capability and culture. The role of culture on hu- man beings can be seen in people＇s understandings on human rights connotation and human rights value. In fact, the different views on hu- man rights issue of various countries worldwide are linked with their dif- ferent cultures. We cannot change the differences of various countries in cultures, but we can learn about and understand the differences through cultural exchanges so as to enhance recognition on human rights issue.

Discussion on the Influence of Cultural Traditions Towards the Development of Human Rights

No matter whether we consider it from the perspective of historical development or specific conditions of reality, the formation of the concept of human rights, especial- ly its process of playing the realistic role via the concrete realization, has a direct and extremely close relationship with specific cultural values and historical heritages. Therefore, studies of human rights should not just remain at the abstract level of ＂from concept to concept.＂ On the contrary, we should further promote the sound development of the cause of human rights via concretizing this kind of studies.

Cross-Cultural Exchange of Human Rights: Crossing Divides or Crossing Swords?

This paper explores the basic framework for cross-cultural dialogue on human rights. Such dialogue implicates differing understandings of the content of human rights as well as differing interpretation of the concept of human rights itself. The challenges confronting the universality of human rights arguably stem from people's fear of radical individualism, secular fundamentalism and political radicalism. While the universality of human rights should not be denied, cognizance must be taken as well of the gap between theory and practice during the realization of those rights and the selectivity pertaining to such realization. Dogmatism and uncompromising ideological stances is an obstacle to dialogues and cross-cultural exchanges on human rights.

大运河的文化标识价值及其立法保护

“大运河国家文化公园”是我国的重大文化工程,也是中华民族的重要文化标识。中国大运河不仅是重要的水利文化遗产、线性文化遗产,也应当成为重要的文化景观遗产,承载“连通五大水系、促进区域交流、助力民族融合”等政治文化理念。当前,我国大运河相关立法主要有《中华人民共和国文物保护法》等国家立法和大运河水利管理、生态环境和文化遗产保护等地方立法。为推进大运河国家文化公园建设,我国应适时制定“大运河国家文化公园法”或“大运河国家文化公园管理条例”,以弘扬大运河的“中华文化标识”价值。

《教师法》修订:基本理念、教师身份与立法技术

权益保障是我国教师立法的基本理念,此次《教师法》修订仍需贯彻和继承。科学定位教师的法律身份是保障教师合法权益的前提。基于义务教育与高等教育的不同特征以及我国教师队伍建设实践诉求,中小学教师宜定位为专业技术类公务员,高校教师的事业单位工作人员身份宜通过法律予以规定。教师权利义务是教师法律身份的外在表现,相关内容的修订须依据教师的不同法律身份。教师教育惩戒是中小学教师基于专业身份实施的事实行为,本质上属于教师专业自主权,《教师法》应予以确认和规范。围绕教师权益保障,还需从法律规范协调统一、增加程序性规范以及纠正硬法规范软法化等技术层面提高修订的科学性,增强《教师法》的可操作性。

建党以来农地所有制结构的产权实现逻辑、经验与启示

通过探秘并遵循农地占有的内在逻辑思路,围绕农地公有制及其产权市场化政策演变主线,结合不同时期社会主要矛盾变化和党的经济社会发展战略,系统梳理了建党以来农地所有制结构的产权实现历程,归纳了百余年我国农地产权制度变革模式、历史经验和重要启示。研究结论表明,新时代我国农地产权制度创新必须坚持社会主义农地国有化方向、优化农地公有产权结构、扩充财产性农民土地权利和提高民事化市场化农地占有权能等。

台湾地区安宁疗护立法的改革与启示

历经近30年实践,台湾地区已形成较为成熟的安宁疗护立法。为克服改革前“安宁缓和医疗条例”的适用困境,2019年开始在岛内施行的“病人自主权利法”通过扩大安宁疗护的适用范围、明确病人最新医疗意愿的认定依据和设定安宁疗护决策执行中的医方免责情形,支持特定临床条件下的非末期病人预先做出安宁疗护决策。从实施效果看,改革后的台湾地区安宁疗护立法在保障病人善终权益、促进医患关系等方面更具优势,但在可行性上仍有不足。以台湾地区制度实践的得失为参照,中国内地应在患者权利保护法的框架下推进安宁疗护立法,并在立法理念上强调以协助决定范式促进临终患者医疗自主的实现。以此为基础,中国内地立法原则上应将安宁疗护的适用对象限定为末期患者,承认患者的拒绝维生医疗权,在患者安宁疗护意愿的认定和执行环节体现对医方专业自主的尊重,并结合监护制度完善安宁疗护的替代决策规则。

教育法典编纂的“公因式元素”及其逻辑主线

编纂契合新时代需求的教育法典,需要运用提取公因式的立法技术。运用该技术提取“公因式元素”,契合法典总分模式的体例要求,符合司法裁判的规范适用要求,得到国内外法典编纂的有效验证,符合中国教育国情的实际需求。教育法典提取“公因式元素”的过程分为三步:首先确定提取范围,其次通过因式分解法以相似性确定提取类别,最后通过逻辑涵摄方法以共有性提取特定“公因式元素”。教育法基本原则具有天然“公因式元素”属性;以法律效果和构成要件为双重标准,可进一步提取其他“公因式元素”,大致包含受教育权、教育主体、教育客体、教育内容等。基于逆向逻辑检视,可以洞察教育法典的各“公因式元素”之间存在一条以“权力-权利”为核心紧密联结的逻辑主线,其以保障受教育权为逻辑起点,保障教育主体权利、规范教育活动和呈现合理教育内容为联结中介,以国家教育权为外部保障,最终指向人的全面发展这一终极目标。