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Comparative Analysis and Legal Reflection on the Boundaries of Human Rights Due Diligence in the Supply Chain
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作者 王惠茹 CHEN Feng(Translated) 《The Journal of Human Rights》 2024年第2期393-419,共27页
As global supply chains become increasingly lengthy and complex, human rights due diligence in the supply chain is becoming a controversial focal point in the accountability of multinational corporations. In recent ye... As global supply chains become increasingly lengthy and complex, human rights due diligence in the supply chain is becoming a controversial focal point in the accountability of multinational corporations. In recent years, legislative practices in the field of human rights due diligence have shown a trend from voluntary soft law toward mandatory hard law, and from corporate due diligence for their own operations towards extended due diligence for the entire supply chain. However, there is a divergence in national practices regarding the extent to which human rights due diligence should extend along the supply chain and the manner in which it should be incorporated into domestic legal policies. International soft law interpretations surrounding the boundaries of human rights due diligence in the supply chain are decentralized, posing risks of interpretation diversification, boundary blurring, and procedural formalization, as well as risks of misinterpretation and misuse. Meanwhile, some countries and regions are vigorously promoting mandatory legislation on human rights due diligence in the supply chain, which has profound implications for the stability of global supply chains and the international economic and trade order. Against this backdrop, it is crucial to explore the reasonable boundaries of human rights due diligence in the supply chain. Instead of applying a one-size-fits-all approach,the rationality of legal factors and the complexity of practical factors should be considered, applying context-specific measures based on the varying degrees of linkage between companies and negative human rights impacts in the supply chain. China should be particularly wary of the “chilling effect” of mandatory legislation on human rights due diligence in the supply chain, attaching great importance to national supply chain security and international supply chain competitiveness.Additionally,China should actively promote the implementation of voluntary human rights due diligence under the United Nations framework, and accelerate the enhancement of China's discourse power in the international rule-making process in the fields of industry and commerce as well as human rights. 展开更多
关键词 business and human rights human rights due diligence supply chain international soft law mandatory due diligence
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Predicaments and Countermeasures of the Protection of Migrant Workers' Human Rights——From the Perspective of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families 被引量:1
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作者 张爱宁 CHEN Yunqing(译) 《The Journal of Human Rights》 2018年第2期223-231,共9页
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
关键词 protection of human rights migrant workers international convention
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President Xi's Congratulatory Letter to the “International Symposium on the 30^(th) Anniversary of the Adoption of the UN Declaration on the Right to Development” 被引量:3
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作者 Xi Jinping 《The Journal of Human Rights》 2017年第1期3-4,共2页
On the occasion of the 30thanniversary of the adoption of the United Nations’ Declaration on the Right to Development,representatives from various countries have gathered in Beijing to attend the "Sharing the De... On the occasion of the 30thanniversary of the adoption of the United Nations’ Declaration on the Right to Development,representatives from various countries have gathered in Beijing to attend the "Sharing the Development:Create More Benefits 展开更多
关键词 Anniversary of the Adoption of the UN Declaration on the right to Development international Symposium on the 30 President Xi’s Congratulatory Letter to the th UN
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Human Rights Education in the Perspective of International Human Rights Law 被引量:1
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作者 GU SHENGKAI 《The Journal of Human Rights》 2007年第1期36-39,共4页
In a statement issued on the 2004 World Human Rights Day, Ms. Louse Arbour, United Nations High Commissioner for Human Rights, described human rights education as a strategy for attainment of "human rights for all,"... In a statement issued on the 2004 World Human Rights Day, Ms. Louse Arbour, United Nations High Commissioner for Human Rights, described human rights education as a strategy for attainment of "human rights for all," as a basic means for developing a universal culture of human rights, as an instrument for promoting equality and involvement of the people in decision-making under democratic mechanisms, and as an investment to prevent infringements upon human fights and to ward off conflicts of violence. It should be noted that so much importance attached by UN human rights organ to human rights education epitomizes the empowering characters of human rights education and the functions it performs in the global human rights system. 展开更多
关键词 In Human rights Education in the Perspective of international Human rights Law
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Human Rights and Public Health in the International HIV Response: Issues of Contested Control, Treatment and Prevention: Human Rights and Public Health, Different,,,But the Same?
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作者 Edward Reis 《Journal of Health Science》 2015年第3期128-135,共8页
From its earliest formulation, the international HIV response has attempted to harness human rights as a central element of public health practice. Policy initiatives aimed at eliminating stigma and discrimination of ... From its earliest formulation, the international HIV response has attempted to harness human rights as a central element of public health practice. Policy initiatives aimed at eliminating stigma and discrimination of affected people would enable them to access health and social services, practice safe behaviors and thereby protect public health. However, this response was characterized by tensions between differing perceptions of public health and human rights and, with the advent of effective treatments, between those who regarded behavioral and biomedical interventions as competing, if not mutually exclusive, approaches. A central theme in all of these elements has been control: control of the virus, control of the behaviors of people affected, control of policy and control of rights. HIV infection is both a cause and a consequence of human rights abuses, but for many people these two aspects are compounded into the same lived predicament; a predicament over which many feel they should have control. The test-and-treat debates at the 2010 IAS Conference demonstrated this as presenters and participants openly clashed over proposals to implement what many see as coercive measures in settings where viral transmission and the public health/human rights collaboration might both be regarded as now "out of control". This paper will explore issues of control in the international HIV response and how authority, in the forms of law and justice, is contested in that response. 展开更多
关键词 Treatment-as-prevention treatment and prevention human rights international HIV policy
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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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History of the PRC’s Participation in International Human Rights Affairs and Its Contribution to the Cause of International Human Rights
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作者 罗艳华 CHEN Peiyao(译) LI Man(译) 《The Journal of Human Rights》 2019年第3期308-335,共28页
The history of the participation of People’s republic of china in international human rights affairs can be mainly divided into two phases since its founding 70 years ago,and it can be further divided into four stage... The history of the participation of People’s republic of china in international human rights affairs can be mainly divided into two phases since its founding 70 years ago,and it can be further divided into four stages with typical events after the launch of reform and opening-up.Since the adoption and implementation of the reform and opening-up policy in the late 1970 s china has witnessed the active participation and fruitful achievements of china in bilateral and multilateral human rights cooperation and communication,as well as making important contributions to the international human rights cause. 展开更多
关键词 the People’s REPUBLIC of China international HUMAN rightS AFFAIRS international HUMAN rightS CAUSE
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Building International Consensus and Working Together to Advance the Development of the Global Human Rights Cause—Summary of Academic Views at the Forum on Global Human Rights Governance
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作者 孙本雄 《The Journal of Human Rights》 2023年第4期915-933,共19页
On June 14-15,2023,the Forum on Global Human Rights Governance,jointly hosted by the State Council Information Office,the Ministry of Foreign Affairs,and the China International Development Cooperation Agency,was held... On June 14-15,2023,the Forum on Global Human Rights Governance,jointly hosted by the State Council Information Office,the Ministry of Foreign Affairs,and the China International Development Cooperation Agency,was held in Beijing under the theme of“Equality,Cooperation and Development:The 30th Anniversary of the Vienna Declaration and Programme of Action and Global Human Rights Governance.”Participants conducted in-depth discussions and exchanges on topics such as“International Cooperation and Global Human Rights Governance,”“Global Development Initiative and the Realization of the Right to Development”,“Global Security Initiative and Human Rights Protection,”“UN Human Rights Mechanisms and Global Human Rights Governance,”and“Human Rights Protection in the Digital Age.”The event helped build international consensus and yielded fruitful achievements. 展开更多
关键词 global human rights governance international cooperation a community with a shared future for mankind digital human rights
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Interpretation of the Concept of the Right to Internet Access from the Perspective of International Law
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作者 柳华文 严玉婷 《The Journal of Human Rights》 2016年第2期140-153,共14页
The advent of the internet era breeds a new concept, namely, the right to internet access. Many countries and international organizations, as well as individuals, are advocating or have already embodied it as a basic ... The advent of the internet era breeds a new concept, namely, the right to internet access. Many countries and international organizations, as well as individuals, are advocating or have already embodied it as a basic human right, thus enhancing the issues of whether it should be incorporated into the macro system of international human rights. By analyzing the facts, this article points out that the international concept of the right to internet access should be distinguished from its domestic concept, for there are no legal sources about the right to internet access for guidance as with some treaties in the current international law, despite its close relationship with some existing rights such as the freedom of speech, press and assembly, or the right of equality, or the right to development. And there is still a long time before the legal value and related responsibilities as well as the boundaries about the right to internet access becomes a consensus in the international society. Even though there is quite a possibility, this right hasn’t been embodied as part of international human rights, and thus hasn’t made a legal concept in international human right law. 展开更多
关键词 Internet access the right to access internet the human rights international law
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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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China's Criminal Law Reform from the Perspective of the International Covenant on Civil and Political Rights
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作者 焦阳 ZHAO Hongfang 《The Journal of Human Rights》 2017年第2期181-192,共12页
The International Covenant on Civil and Political Rights reflects the world’s perception of human rights, and is of vital importance in the field of international human rights. The Covenant has been signed by Chinese... The International Covenant on Civil and Political Rights reflects the world’s perception of human rights, and is of vital importance in the field of international human rights. The Covenant has been signed by Chinese government. Although not ratified yet, it will definitely have an impact on the reform of China’s Criminal Law. Therefore, it is necessary to further change our notion of the criminal law system by defining the boundary between public power and civil rights and developing the view of human rights protection. In terms of the specific system, it is necessary to further reduce the number of crimes punishable by the death penalty and limit the application of the death sentence, improve China’s Criminal Procedural Law to protect the fundamental rights of suspects and defendants in terms of compulsory measures, investigation means and judicial form, and add some charges like enslavement and illegal human experimentation, which are criminalized around the world, so as to be in line with the requirements of international human rights protection. 展开更多
关键词 international Covenant on Civil and Political rights death penalty reform criminal procedure international crime
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The Relationship Between Anti-terrorism and Human Rights Protection: Perspective of International Politics
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作者 钱雪梅 《The Journal of Human Rights》 2015年第1期71-82,共12页
This article briefly outlines how anti-terrorism struggles became linked and their relationship thereafter with human rights issues in international political life. With equal relevance and value to human development,... This article briefly outlines how anti-terrorism struggles became linked and their relationship thereafter with human rights issues in international political life. With equal relevance and value to human development, anti-terrorism efforts and human rights protection are themselves not mutually exclusive or contradictory. Their conflict in everyday life has sometimes resulted from the fact that they are both manipulated in the service of certain political ends. What's more, there has never been p erfect human rights protection in the world so far, which often makes human rights problems an easy charge against almost every government. No anti-terrorist activities in either the US or Europe have been really constrained by the idea of human rights no matter how beautiful their rhetoric has been. Now both human rights and anti-terrorism have been made into a tool of diplomacy and international politics. With the war in Afghanistan over, the United States is enhancing its human rights diplomacy together with its anti-terrorism diplomacy. Truly efficient, comprehensive international cooperation on anti-terrorism is still far away. 展开更多
关键词 ANTI-TERRORISM human rights international politics
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The Development of International Human Rights Law and the Chinese Contribution to the Global Human Rights Cause
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作者 迟德强 YIN Tao(译) 《The Journal of Human Rights》 2019年第6期802-814,共13页
Prior to World War II,human rights were mainly considered to be matters that came under the domestic jurisdiction of each state.The United Nations Charter,adopted in 1945,includes human rights provisions.The adoption ... Prior to World War II,human rights were mainly considered to be matters that came under the domestic jurisdiction of each state.The United Nations Charter,adopted in 1945,includes human rights provisions.The adoption of the Universal Declaration of Human Rights in 1948 that marked the initial formation of international human rights law.Today,the world has formed a relatively comprehensive system of international human rights law and mechanisms.Since the founding of the People’s Republic of China,and in particular after she introduced reform and opening-up policy in 1978,the Chinese government has actively participated in international human rights causes.To date,the Chinese government has ratified 26 human rights conventions and fulfilled the obligations required by these.China has put forward and continually enriched human rights theory of socialism with Chinese characteristics,emphasizing the importance of state sovereignty in safeguarding human rights and the resolution of human rights controversies through dialogue,thereby contributing to the global human rights cause. 展开更多
关键词 international HUMAN rightS law theory of HUMAN rightS with CHINESE characteristics SOVEREIGNTY
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Logical Extension of the Children’s Right to Family Life from the Perspective of International Human Rights Covenants
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作者 林建军 FU Yiming(译) 《The Journal of Human Rights》 2019年第6期732-742,共11页
From the perspective of international human rights covenants,the family is the group unit for human life and the fundamental unit of society.Family life is the basic lifestyle of human beings.It is the right,by birth,... From the perspective of international human rights covenants,the family is the group unit for human life and the fundamental unit of society.Family life is the basic lifestyle of human beings.It is the right,by birth,of the individual to enjoy a normal life within the family.The survival and healthy development of children are inseparable from the family,and living with their parents or other family members is fundamental to guaranteeing the survival and growth of the children and realizing their value of life.Children’s right to family life is an important human right that has connotations fundamental to their lives,and should be safeguarded by both the law and Constitution. 展开更多
关键词 international human rightS COVENANTS children FAMILY FAMILY LIFE right to FAMILY LIFE
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From the UN Charter and the Universal Declaration of Human Rights to Building a Community with a Shared Future for Human Beings--The Past, Present, and Future of International Human Rights Protection
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作者 刘海年 CHANG Guohua(译) 《The Journal of Human Rights》 2018年第5期465-479,共15页
The UN Charter first of all affirmed the basic concept of international protection of human rights and opened up a broad space for international protection of human rights. The Universal Declaration of Human Rights is... The UN Charter first of all affirmed the basic concept of international protection of human rights and opened up a broad space for international protection of human rights. The Universal Declaration of Human Rights is an important document in the development of the international human rights cause. It established a set of international standards for basic human rights, represents the world’s most important consensus on human rights, and contributes greatly to the creation of an international human rights legal system. The important theory put forward by President Xi Jinping to build a Community with a Shared Future for Human Beings, as a Chinese program for today s global major issues, also outlines a new blueprint for national human rights protection and will play a major role in promoting the development of China’s human rights and international human rights protection. 展开更多
关键词 Universal Declaration of Human rights UN Charter international human rights protection a Community with a Shared Future for Human Beings
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Five Years after the Entry of Force of the Optional Protocol to the International Covenant on Economic,Social and Cultural Rights: Some Observations
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作者 孙世彦 《The Journal of Human Rights》 2018年第6期625-639,共15页
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 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? 展开更多
关键词 international Covenant on Economic Social and Cultural rights Optional Protocol Committee on Economic Social and Cultural rights individual communication
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The Main Characteristics of China’s International Human Rights Cooperation and Exchanges from 2010 to 2020
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作者 罗艳华 CHEN Feng(Translated) 《The Journal of Human Rights》 2020年第6期795-818,共24页
China’s international human rights cooperation and exchanges from 2010 to 2020 have the following main characteristics: China’s cooperation with United Nations multilateral human rights institutions is the main part... China’s international human rights cooperation and exchanges from 2010 to 2020 have the following main characteristics: China’s cooperation with United Nations multilateral human rights institutions is the main part of China’s international human rights cooperation and exchanges China has been deeply involved in cooperation with UN multilateral human rights agencies and is playing an increasingly important role in them Bilateral human rights dialogues are the main focus of China’s bilateral human rights cooperation and exchanges, and in recent years the objects of the human rights dialogue have been expanding In addition to the official level of multilateral and bilateral human rights cooperation and exchanges, the Chinese government also encourages human rights organizations to actively participate in the international human rights exchanges and makes those organizations play an increasingly important role in international human rights exchanges The Chinese human rights organizations also develop innovative ways for international human rights exchanges and become an important channel for the international community to understand the ideas and situation of human rights protection in China. 展开更多
关键词 China international human rights cooperation international human rights exchanges
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An Academic Summary of the International Seminar Series on “Safeguarding the Right to Life in the Epidemic Prevention and Control”
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作者 张晗 LU Mimi 《The Journal of Human Rights》 2020年第4期490-499,共10页
Guided by the China Society for Human Rights Studies and organized by Southwest University of Political Science and Law,the First Session of the Series of International Seminars on"Global Epidemic Prevention and ... Guided by the China Society for Human Rights Studies and organized by Southwest University of Political Science and Law,the First Session of the Series of International Seminars on"Global Epidemic Prevention and Control and Human Rights Protection"was held in Chongqing on May 9,2020.The seminar featured the theme of"Guarantee of the Right to Life in Epidemic Prevention and Control"and two sub-topics:"Value Status and Legal Protection of the Right to Life"and Safeguarding the Right to Life of Vulnerable Groups under the Pandemic".Over 40 experts and scholars from China,the Netherlands,France,Pakistan and Sri Lanka attended the conference,and conducted in-depth discussions on specific issues such as"life supremacy","attributes of the right to life","government responsibilities","protection of vulnerable groups","balance of the right to life and other human rights",and"science-based approaches to epidemic prevention".This conference reaffirmed the key idea of life supremacy,which is conducive to strengthening the safeguarding of and attention to the right to life in the global pandemic prevention and control. 展开更多
关键词 epidemic prevention and control human rights protection the right to life vulnerable groups international seminar
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Human Rights Diplomacy with Mysterious Glow of Religion——On the US International Religious Freedom Act of 1998 and the US Human Rights Diplomacy
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作者 YANG WEIDONG 《The Journal of Human Rights》 2003年第1期36-38,共3页
International Religious Freedom Act of 1998 In October 1998, the Clinton Administration produced the International Religious Freedom Act of 1998 (IRFA). It is one of the important laws passed by the US Congress in rec... International Religious Freedom Act of 1998 In October 1998, the Clinton Administration produced the International Religious Freedom Act of 1998 (IRFA). It is one of the important laws passed by the US Congress in recent years. The act is very complicated. The main sections can be summarized as follows: (1) Appointment of an Ambassador at Large for International Religious Freedom to head an Office on International Religious Freedom within the Department of State; 展开更多
关键词 of In Human rights Diplomacy with Mysterious Glow of Religion IS US On the US international Religious Freedom Act of 1998 and the US Human rights Diplomacy that with
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The International Protection of Women's Human Rights:with Emphasis on UN Convention on the Elimination of All Forms of Discrimination against Women
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作者 BAI ZHONGHONG Lecturer of Zhuhai College, Jinan University Ph.D Candidate, Law School of Wuhan University. 《The Journal of Human Rights》 2008年第4期30-34,共5页
1. The International Protection of Women's Human Rights: Emergence of CEDAW For a long time, women's rights have been excluded from traditional discourse on human right. The traditional discourse on human rights ha... 1. The International Protection of Women's Human Rights: Emergence of CEDAW For a long time, women's rights have been excluded from traditional discourse on human right. The traditional discourse on human rights has developed without considering its impact upon women. Transforming this discourse to a perspective that will consider the needs and vindications of women is absolutely essential.1 Although international efforts addressing women's issues presumed to be associated with women began in the nineteenth century, it was in the postwar period that such activity gained a coherent focus under the auspices of United Nations. 展开更多
关键词 In the international Protection of Women’s Human rights UN
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