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
The Universal Declaration of Human Rights refers to the human right to health and well-being including medical care, but for the majority of people whom are not covered by health insurance this is better said than don...The Universal Declaration of Human Rights refers to the human right to health and well-being including medical care, but for the majority of people whom are not covered by health insurance this is better said than done. Ensuring the access of all citizens to the needed medical care requires the provision of health insurance coverage to a population pool and gradually expanding the pool to the whole nation. The ethical perspective of pooling resources across various groups of people with different levels of income and different health risks associated with age, genetics, and lifestyle, may raise the issue of individual autonomy versus social solidarity. Governmental, social, private, and community-based healthcare coverage have been used in different countries with varying details in the sources of funding, pooling of contributions, and the purchase of the covered healthcare services; these models have had varying levels of success depending on not only the availability of funds, but also on the political commitment of the state and the social solidarity and cultural attitude of the population towards universal healthcare. Therefore, universal healthcare requires not only a certain level of economic development, but also a strong sense of solidarity among the people as well as a political commitment in their government. I argue that the statement regarding the right to health, well-being, and medical care needs to be rethought, and instead universal access to essential healthcare should be regarded as a basic human right.展开更多
This paper explored the norms and mechanisms of access to justice regarding intimate partner violence(IPV),the constraints that affect refugee women when seeking measures against IPV,and the experiences and views of j...This paper explored the norms and mechanisms of access to justice regarding intimate partner violence(IPV),the constraints that affect refugee women when seeking measures against IPV,and the experiences and views of justice providers in giving access to justice to IPV victims in a customary court.This is a qualitative study where purposive sampling was applied.Five,eight,and four in-depth interviews with IPV victims,justice makers from BMC/CMC,and other concerning organizations were conducted,respectively.Moreover,two key-informant interviews were also conducted.Data were analyzed utilizing thematic analysis.The findings revealed that the multi-sectoral approach is the framework in responding to IPV cases followed by each actor,including the BMC and CMC,who are protecting the rights of IPV victims.However,this community-based committee is the first spot to mitigate IPV cases,and the trial procedures are not consistent with national laws and international human rights standards;the committee uses their life experiences,religious norms,and socio-cultural values.IPV victims and the customary court experience obstacles in case reporting,trial processing,and denial of legal justice.Moreover,the committee is more active in keeping the family and societal harmony rather than in protecting the individual(women).United Nations High Commissioner for Refugees(UNHCR)should accelerate efforts to protect,respect,and fulfill the needs of IPV victims in all sectors.Training on human rights and gender,the determination of the rules and regulations of the customary court to protect IPV victims,the development of appropriate sanctions for perpetrators,and the remedies for victims are suggestions from the research to get justice for the IPV victims.展开更多
The support rights and interests of the elderly is one of the core issues of an aging society.Judging from the judgment documents on support dispute cases in recent years,maintenance disputes mainly occur in the kinsh...The support rights and interests of the elderly is one of the core issues of an aging society.Judging from the judgment documents on support dispute cases in recent years,maintenance disputes mainly occur in the kinship structure of parents and children,the support obligators are mainly men,the content of support is mainly material appeals.In the judicial process,there are some characteristics worth studying,such as lawyers,intervention,judges,thinking,reasoning and expression.In view of this,the current development direction of the judicial protection of elderly’s rights and interests in China should be carried out around the goal of"restorative justice"and efforts should be made,such concept renewal,system improvement and spiritual support prospect.展开更多
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
In Januaury 1996, a case of murder shocked the seat of Qiaojia County in Yunnan Province. Eight years later, in February 2004, the county town was again astir with the news that the alleged murderer Sun Wangang return...In Januaury 1996, a case of murder shocked the seat of Qiaojia County in Yunnan Province. Eight years later, in February 2004, the county town was again astir with the news that the alleged murderer Sun Wangang returned home after being acquitted of the murder charge.展开更多
I. Getting help from lawyers and its realization according to international standards The right to defense for a person involving in a law suit is a universal human right. Article 11 of the Universal Declaration of H...I. Getting help from lawyers and its realization according to international standards The right to defense for a person involving in a law suit is a universal human right. Article 11 of the Universal Declaration of Human Rights provides: "Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence." This means (1) the right to defence is a basic human right due to all persons charged with a penal offence; (2) it is a basic requirement for the principle of presumption of innocence and fair trial; and (3) the realization of the fight needs practical and effective guarantees.展开更多
Advances in technology require upgrades in the law. One such area involves data brokers, which have thus far gone unregulated. Data brokers use artificial intelligence to aggregate information into data profiles about...Advances in technology require upgrades in the law. One such area involves data brokers, which have thus far gone unregulated. Data brokers use artificial intelligence to aggregate information into data profiles about individual Americans derived from consumer use of the internet and connected devices. Data profiles are then sold for profit. Government investigators use a legal loophole to purchase this data instead of obtaining a search warrant, which the Fourth Amendment would otherwise require. Consumers have lacked a reasonable means to fight or correct the information data brokers collect. Americans may not even be aware of the risks of data aggregation, which upends the test of reasonable expectations used in a search warrant analysis. Data aggregation should be controlled and regulated, which is the direction some privacy laws take. Legislatures must step forward to safeguard against shadowy data-profiling practices, whether abroad or at home. In the meantime, courts can modify their search warrant analysis by including data privacy principles.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
After the monetary and political crisis of 1997 and 1998, Indonesia has been viewed by some observers as having entered into a transitional phase from authoritarian rule by a strong state toward a new democratic syste...After the monetary and political crisis of 1997 and 1998, Indonesia has been viewed by some observers as having entered into a transitional phase from authoritarian rule by a strong state toward a new democratic system of government in which civil societies will play a more prominent role. Democratization process is also accompanied by the rise of a strong civil society, which would together result in more efficient and transparent governments at local levels. This article aims to show the dynamic of democratization process in Indonesia, in which civil societies such as business actors, NGOs (non-government organizations), journalists, scientists, business associations, consumer organizations, etc., play a more apparent role. Focused on the establishment of Private Sector Ombudsman (Lembaga Ombudsman Swasta--LOS) and also its role and responsibility, the author examines how LOS has become an alternative option for consumers to strengthen access to justice. In the last three years, LOS has succeeded in handling more than 200 cases and some of them have been the hottest issues. On the one hand, the emergence of LOS shows that civil society in Yogyakarta has played a significant role in implementing business ethics and good governance principles, and on the other hand, LOS has been proven to be the answer for consumers' needs in which consumers' complaints settled quickly, informal, and free of charge.展开更多
BACKGROUND Atrial fibrillation(AF)is one of the most common arrhythmias,and radiofrequency catheter ablation is the most effective treatment strategy.The inferior vena cava(IVC)is a common approach for radiofrequency ...BACKGROUND Atrial fibrillation(AF)is one of the most common arrhythmias,and radiofrequency catheter ablation is the most effective treatment strategy.The inferior vena cava(IVC)is a common approach for radiofrequency ablation of AF.However,this approach may not be applied to some cases such as chronic venous occlusions,surgical ligation of the IVC,and heterotaxy syndrome(HS).CASE SUMMARY A 68-year-old man with HS suffered from severely symptomatic persistent AF for 9 years,and we successfully ablated by percutaneous transhepatic access.CONCLUSION In patients without femoral vein access,the use of the hepatic vein for pulmonary vein isolation is a viable alternative for invasive electrophysiology procedures.展开更多
To have a clean, safe, and functional environment is not only essential for the purpose of preservation, but also imperative for safeguarding the most fundamental of human rights. Resolution 45/94 of the United Nation...To have a clean, safe, and functional environment is not only essential for the purpose of preservation, but also imperative for safeguarding the most fundamental of human rights. Resolution 45/94 of the United Nations (UN) General Assembly also stresses and acknowledges that: “all individuals are entitled to live in an environment adequate for their health and wellbeing” (United Nations Digital Library System, 1991). Environmental and climate justice, which: “emerged in the context of the local environmental struggles of directly oppressed groups”, is a global movement dedicated to ensuring equal protection of people’s human rights (i.e., water, health, life, etc.) in the face of the climate crisis. Moreover, health, environment and human rights are part of the 2030 agenda (in particular, SDG 1, SDG 5, SDG 6, SDG 7, SDG 13, SDG 16, SDG 17). Individually, both environmental and climate justice are rooted in an intersectional outlook, by which they highlight the common threads between communities and the people’s inclusion, irrespective of race, class, or gender, in the pursuit of justice. On the other hand, they recognise and acknowledge the role and consequences of climate change in economic, social, and political dimensions;thus, drawing emphasis on the rights of people under the emerging inequities. In the case of Palestine, the Palestinian community is increasingly becoming vulnerable to these effects and the resulting inequalities of climate change. This vulnerability stems from: 1) The right to life;clean WASH;equitable work opportunities;access to resources;and free movement;are all examples of human rights that the Israeli colonial regime infringes upon;2) Infrastructure is essential for climate adaptation: 61% of the West Bank is ultimately barred from building infrastructure (B’Tselem, 2019) and Gaza Strip has major gaps in infrastructure due to intentional destruction by Israel;3) Palestinian deprivation of the sovereign right to natural resources by Israel;4) Apartheid system in water accessibility: Israeli water usage per person is over three times higher than that of Palestinians (their usage is under the WHO recommended minimum per day) (B’Tselem, 2023);and 5) Violent settler attacks. In 2022 alone, the Applied Research Institute-Jerusalem (ARIJ) recorded 1527 settler attacks that targeted land, properties, livestock, agriculture and even Palestinian civilians. The ongoing neglect of these concerns and the persistent colonization of Palestine by Israel unequivocally and unwaveringly affect the human rights of Palestinians. The power dynamics at play especially hamper the Palestinian ability to exercise and fulfill their inalienable human rights and to tackle the obstacles to justice in their environment.展开更多
The key to global climate justice is how to define or distribute greenhouse-gas (sometimes abbreviated to GHG) emissions rights in different countries. Throe questions are to be answered: First, what does global cl...The key to global climate justice is how to define or distribute greenhouse-gas (sometimes abbreviated to GHG) emissions rights in different countries. Throe questions are to be answered: First, what does global climate justice distribute? Second, on what principle does it distribute? Third, what is the moral foundation of the principle? The thesis analyzes the peculiarity of GHG emissions permit as a global public resource and its consequent ethical issues. On the ground of egalitarianism, it proves the basic principle of distributing GHG emissions permit required by global climate justice, and the basic ethical ground of global climate justice accepted by international community.展开更多
In this era of dramatic,rampant,and incessant political change,predictions about the future can no longer be based either on conventional wisdom or historical precedent.Criminals have learned to take advantage of the ...In this era of dramatic,rampant,and incessant political change,predictions about the future can no longer be based either on conventional wisdom or historical precedent.Criminals have learned to take advantage of the dynamic globalization and the opening of borders in new and dangerous ways.In response to the global crime and human rights problems,this paper is an introduction to some of these developments in criminal justice system to fight crimes and to prevent human rights.Furthermore,this paper will also examine“sense of justice in criminal process”,and identifies“basic dilemma”problems in existing legal of criminal justice and human rights.It contains a series of new ideas that a disruptor to the judiciary system and policy-maker reforms aid in the prevention of criminalization to citizen rights and change impacts the criminal justice system to protect human rights to be seen globalization change justice for societies.展开更多
Language plays a central role in how gender and sexuality are described. In Bangla or Bengali, physicians, when educating and counseling women patients, do not have a socially acceptable word for “vagina”. If langua...Language plays a central role in how gender and sexuality are described. In Bangla or Bengali, physicians, when educating and counseling women patients, do not have a socially acceptable word for “vagina”. If language is missing for female genitalia or important female sexual functions, could this absence reflect on the position of women in society, reproductive rights, and access to healthcare? Is there a relationship between language and the high rates of the gender-based cervical and breast cancers in some low and middle-income countries? This commentary examines scholarship on the topic of language, the female body, gender-based violence, disparities of healthcare for women, and the consequences of language on sexual attitudes and health.展开更多
When we talk about“health”,we can understand very different meanings,if we refer to the Italian context,rather than the American one.In Italy,health is a fundamental right,and the healthcare system is a model for ma...When we talk about“health”,we can understand very different meanings,if we refer to the Italian context,rather than the American one.In Italy,health is a fundamental right,and the healthcare system is a model for making this right concrete.In this paper,we will discuss how the American healthcare system is very different from a philosophical and bioethical point of view.We will try to figure out what reasons can be adduced to argue that“health”is a right and not a commodity like others on the market.This paper focuses on philosophical and bioethical issues related to health and healthcare,analyzed in both the Italian and American contexts.Emphasis will be given,using bioethical and legal arguments,to both concepts of health as a right and a good,taking into consideration the current economic and social crisis.In particular,the paper analyzes the theoretical models adopted by the two aforementioned countries and highlights fundamental differences between them.Analysis of the best and most fair allocation of resources leads to a proposal for new definitions for“resource”and preferable idea of justice for healthcare.展开更多
The object of criminal legal aid refers to the person in a criminal case who has the right or eligibility toapply for legal assistance and who receives it. According to jurispru- dence, the object (or aid recipient)...The object of criminal legal aid refers to the person in a criminal case who has the right or eligibility toapply for legal assistance and who receives it. According to jurispru- dence, the object (or aid recipient) is a party in a given legal case, who is granted legal aid. They are often among the disadvantaged group in criminal cases, since most of them are mentally challenged, lack free- dom or have health problems.' Both international and domestic laws have certain norms regarding objects of criminal legal aid. Our domestic law places more emphasis on "defen- dants" while downplaying "suspects" and "victims" in identifying objects.展开更多
In early China, ordinary people had a "right" to demand for justice and they often exerted that "right". Due to the nature of our sources, which are preoccupied with the concerns of the governing elite, the ordina...In early China, ordinary people had a "right" to demand for justice and they often exerted that "right". Due to the nature of our sources, which are preoccupied with the concerns of the governing elite, the ordinary people's voices are often lost, but even the scanty evidence that we have suggests that ordinary people did not always passively wait for justice to be delivered to them by the authorities. On one hand, the elites recognized that all human being had the sense of justice and its expression was a natural tendency, on the other hand, ordinary people and elites actively demanded justice at least in three ways: they cried out to redress the injustices they had encountered; they honored the impartial judges for their honesty and fairness; and they protested against injustices through collective actions.展开更多
This article discusses the role of the Church in promoting human rights in Nigeria. This is anchored on the fact that the Church must live according to what it proclaims to the world especially against an avalanche of...This article discusses the role of the Church in promoting human rights in Nigeria. This is anchored on the fact that the Church must live according to what it proclaims to the world especially against an avalanche of serious abuse of human rights in Nigeria. Cases abound how innocent citizens die in the hands of terrorist groups or communal clashes. This implies that it must live by the standards of the Gospel of Christ, striving vigorously to make the Christian values of love, honesty, truth, forgiveness, justice, self-sacrifice, solidarity and compassion guide the dealings with members with others in their private and public lives. It must be a Church that upholds the dignity and rights of human person and denounces what is essentially inhuman. Using descriptive and analytical methods, the paper underscores that the Church especially the canonists must courageously fight against forces of evil and iniquity engaging all stakeholders to a continuous dialogue that enhances mutual understanding and cooperation. In this way, all stakeholders will respect and uphold the sanctify of human rights in Nigeria and beyond.展开更多
The United States has numerous social-cultural issues affecting its population.One of these problems is white supremacy.This concept refers to a racist perception that white persons are naturally superior to individua...The United States has numerous social-cultural issues affecting its population.One of these problems is white supremacy.This concept refers to a racist perception that white persons are naturally superior to individuals of other races and should thus dominate them.While white supremacy in previous centuries galvanized a lot of support among white people,the concept is now regarded vicious by white,African American,Latino as well as other races.The modern American society is structured under cultural sensitiveness,racial equality,and religious tolerance.Unlike the years of slavery or reconstruction,all citizens in the United States are afforded equal rights irrespective of their cultural identities.Nevertheless,white supremacist notions persist in a nation that prides itself for its democratic model,cultural diversity,religious tolerance and socioeconomic transcendence.The state of white supremacy is that America can be manifested by violence,imperialistic tendencies,discrimination in the society,unfair immigration policies,poor political leadership,and the deplorable role of the media.With the growing number of atrocities being committed around the United States by both members of identified and non-identified white supremacist group,it is time to address this issue together.This paper,is a constructive discussion venting the many ills of racial discrimination in every aspect that affects minorities at all spheres of the society and the deplorable state of white supremacy in America.展开更多
基金the National Social Science Fund Major Project“Research on the Construction of Systems Applicable Outside the Chinese Jurisdiction in the Perspec-tive of Private International Law”(Project Approval Number 20&ZD202)the National Social Science Fund Key Project“Empirical Research on Judges’Discretion in Foreign-related Civil Trials in China”(Project Approval Number 19AFX026).
文摘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.
文摘The Universal Declaration of Human Rights refers to the human right to health and well-being including medical care, but for the majority of people whom are not covered by health insurance this is better said than done. Ensuring the access of all citizens to the needed medical care requires the provision of health insurance coverage to a population pool and gradually expanding the pool to the whole nation. The ethical perspective of pooling resources across various groups of people with different levels of income and different health risks associated with age, genetics, and lifestyle, may raise the issue of individual autonomy versus social solidarity. Governmental, social, private, and community-based healthcare coverage have been used in different countries with varying details in the sources of funding, pooling of contributions, and the purchase of the covered healthcare services; these models have had varying levels of success depending on not only the availability of funds, but also on the political commitment of the state and the social solidarity and cultural attitude of the population towards universal healthcare. Therefore, universal healthcare requires not only a certain level of economic development, but also a strong sense of solidarity among the people as well as a political commitment in their government. I argue that the statement regarding the right to health, well-being, and medical care needs to be rethought, and instead universal access to essential healthcare should be regarded as a basic human right.
文摘This paper explored the norms and mechanisms of access to justice regarding intimate partner violence(IPV),the constraints that affect refugee women when seeking measures against IPV,and the experiences and views of justice providers in giving access to justice to IPV victims in a customary court.This is a qualitative study where purposive sampling was applied.Five,eight,and four in-depth interviews with IPV victims,justice makers from BMC/CMC,and other concerning organizations were conducted,respectively.Moreover,two key-informant interviews were also conducted.Data were analyzed utilizing thematic analysis.The findings revealed that the multi-sectoral approach is the framework in responding to IPV cases followed by each actor,including the BMC and CMC,who are protecting the rights of IPV victims.However,this community-based committee is the first spot to mitigate IPV cases,and the trial procedures are not consistent with national laws and international human rights standards;the committee uses their life experiences,religious norms,and socio-cultural values.IPV victims and the customary court experience obstacles in case reporting,trial processing,and denial of legal justice.Moreover,the committee is more active in keeping the family and societal harmony rather than in protecting the individual(women).United Nations High Commissioner for Refugees(UNHCR)should accelerate efforts to protect,respect,and fulfill the needs of IPV victims in all sectors.Training on human rights and gender,the determination of the rules and regulations of the customary court to protect IPV victims,the development of appropriate sanctions for perpetrators,and the remedies for victims are suggestions from the research to get justice for the IPV victims.
文摘The support rights and interests of the elderly is one of the core issues of an aging society.Judging from the judgment documents on support dispute cases in recent years,maintenance disputes mainly occur in the kinship structure of parents and children,the support obligators are mainly men,the content of support is mainly material appeals.In the judicial process,there are some characteristics worth studying,such as lawyers,intervention,judges,thinking,reasoning and expression.In view of this,the current development direction of the judicial protection of elderly’s rights and interests in China should be carried out around the goal of"restorative justice"and efforts should be made,such concept renewal,system improvement and spiritual support prospect.
文摘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.
文摘In Januaury 1996, a case of murder shocked the seat of Qiaojia County in Yunnan Province. Eight years later, in February 2004, the county town was again astir with the news that the alleged murderer Sun Wangang returned home after being acquitted of the murder charge.
文摘I. Getting help from lawyers and its realization according to international standards The right to defense for a person involving in a law suit is a universal human right. Article 11 of the Universal Declaration of Human Rights provides: "Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence." This means (1) the right to defence is a basic human right due to all persons charged with a penal offence; (2) it is a basic requirement for the principle of presumption of innocence and fair trial; and (3) the realization of the fight needs practical and effective guarantees.
文摘Advances in technology require upgrades in the law. One such area involves data brokers, which have thus far gone unregulated. Data brokers use artificial intelligence to aggregate information into data profiles about individual Americans derived from consumer use of the internet and connected devices. Data profiles are then sold for profit. Government investigators use a legal loophole to purchase this data instead of obtaining a search warrant, which the Fourth Amendment would otherwise require. Consumers have lacked a reasonable means to fight or correct the information data brokers collect. Americans may not even be aware of the risks of data aggregation, which upends the test of reasonable expectations used in a search warrant analysis. Data aggregation should be controlled and regulated, which is the direction some privacy laws take. Legislatures must step forward to safeguard against shadowy data-profiling practices, whether abroad or at home. In the meantime, courts can modify their search warrant analysis by including data privacy principles.
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.
文摘After the monetary and political crisis of 1997 and 1998, Indonesia has been viewed by some observers as having entered into a transitional phase from authoritarian rule by a strong state toward a new democratic system of government in which civil societies will play a more prominent role. Democratization process is also accompanied by the rise of a strong civil society, which would together result in more efficient and transparent governments at local levels. This article aims to show the dynamic of democratization process in Indonesia, in which civil societies such as business actors, NGOs (non-government organizations), journalists, scientists, business associations, consumer organizations, etc., play a more apparent role. Focused on the establishment of Private Sector Ombudsman (Lembaga Ombudsman Swasta--LOS) and also its role and responsibility, the author examines how LOS has become an alternative option for consumers to strengthen access to justice. In the last three years, LOS has succeeded in handling more than 200 cases and some of them have been the hottest issues. On the one hand, the emergence of LOS shows that civil society in Yogyakarta has played a significant role in implementing business ethics and good governance principles, and on the other hand, LOS has been proven to be the answer for consumers' needs in which consumers' complaints settled quickly, informal, and free of charge.
基金Supported by Shanxi Provincial Health Commission “Four batch” Science and Technology Innovation Project of Medical Development,No. 2021XM45 (to Dr. Wang HX)Academic promotion plan of Shanxi Cardiovascular Hospital,No. XYS20180102 (to Dr. Wang HX)+1 种基金Natural Science Foundation of Shanxi Province,No. 20210302123346 (to Dr. Wang HX)and Scientific Research Incentive Fund of Shanxi Cardiovascular Hospital,No. XYS20190206 (to Dr. Li N)
文摘BACKGROUND Atrial fibrillation(AF)is one of the most common arrhythmias,and radiofrequency catheter ablation is the most effective treatment strategy.The inferior vena cava(IVC)is a common approach for radiofrequency ablation of AF.However,this approach may not be applied to some cases such as chronic venous occlusions,surgical ligation of the IVC,and heterotaxy syndrome(HS).CASE SUMMARY A 68-year-old man with HS suffered from severely symptomatic persistent AF for 9 years,and we successfully ablated by percutaneous transhepatic access.CONCLUSION In patients without femoral vein access,the use of the hepatic vein for pulmonary vein isolation is a viable alternative for invasive electrophysiology procedures.
文摘To have a clean, safe, and functional environment is not only essential for the purpose of preservation, but also imperative for safeguarding the most fundamental of human rights. Resolution 45/94 of the United Nations (UN) General Assembly also stresses and acknowledges that: “all individuals are entitled to live in an environment adequate for their health and wellbeing” (United Nations Digital Library System, 1991). Environmental and climate justice, which: “emerged in the context of the local environmental struggles of directly oppressed groups”, is a global movement dedicated to ensuring equal protection of people’s human rights (i.e., water, health, life, etc.) in the face of the climate crisis. Moreover, health, environment and human rights are part of the 2030 agenda (in particular, SDG 1, SDG 5, SDG 6, SDG 7, SDG 13, SDG 16, SDG 17). Individually, both environmental and climate justice are rooted in an intersectional outlook, by which they highlight the common threads between communities and the people’s inclusion, irrespective of race, class, or gender, in the pursuit of justice. On the other hand, they recognise and acknowledge the role and consequences of climate change in economic, social, and political dimensions;thus, drawing emphasis on the rights of people under the emerging inequities. In the case of Palestine, the Palestinian community is increasingly becoming vulnerable to these effects and the resulting inequalities of climate change. This vulnerability stems from: 1) The right to life;clean WASH;equitable work opportunities;access to resources;and free movement;are all examples of human rights that the Israeli colonial regime infringes upon;2) Infrastructure is essential for climate adaptation: 61% of the West Bank is ultimately barred from building infrastructure (B’Tselem, 2019) and Gaza Strip has major gaps in infrastructure due to intentional destruction by Israel;3) Palestinian deprivation of the sovereign right to natural resources by Israel;4) Apartheid system in water accessibility: Israeli water usage per person is over three times higher than that of Palestinians (their usage is under the WHO recommended minimum per day) (B’Tselem, 2023);and 5) Violent settler attacks. In 2022 alone, the Applied Research Institute-Jerusalem (ARIJ) recorded 1527 settler attacks that targeted land, properties, livestock, agriculture and even Palestinian civilians. The ongoing neglect of these concerns and the persistent colonization of Palestine by Israel unequivocally and unwaveringly affect the human rights of Palestinians. The power dynamics at play especially hamper the Palestinian ability to exercise and fulfill their inalienable human rights and to tackle the obstacles to justice in their environment.
文摘The key to global climate justice is how to define or distribute greenhouse-gas (sometimes abbreviated to GHG) emissions rights in different countries. Throe questions are to be answered: First, what does global climate justice distribute? Second, on what principle does it distribute? Third, what is the moral foundation of the principle? The thesis analyzes the peculiarity of GHG emissions permit as a global public resource and its consequent ethical issues. On the ground of egalitarianism, it proves the basic principle of distributing GHG emissions permit required by global climate justice, and the basic ethical ground of global climate justice accepted by international community.
文摘In this era of dramatic,rampant,and incessant political change,predictions about the future can no longer be based either on conventional wisdom or historical precedent.Criminals have learned to take advantage of the dynamic globalization and the opening of borders in new and dangerous ways.In response to the global crime and human rights problems,this paper is an introduction to some of these developments in criminal justice system to fight crimes and to prevent human rights.Furthermore,this paper will also examine“sense of justice in criminal process”,and identifies“basic dilemma”problems in existing legal of criminal justice and human rights.It contains a series of new ideas that a disruptor to the judiciary system and policy-maker reforms aid in the prevention of criminalization to citizen rights and change impacts the criminal justice system to protect human rights to be seen globalization change justice for societies.
文摘Language plays a central role in how gender and sexuality are described. In Bangla or Bengali, physicians, when educating and counseling women patients, do not have a socially acceptable word for “vagina”. If language is missing for female genitalia or important female sexual functions, could this absence reflect on the position of women in society, reproductive rights, and access to healthcare? Is there a relationship between language and the high rates of the gender-based cervical and breast cancers in some low and middle-income countries? This commentary examines scholarship on the topic of language, the female body, gender-based violence, disparities of healthcare for women, and the consequences of language on sexual attitudes and health.
文摘When we talk about“health”,we can understand very different meanings,if we refer to the Italian context,rather than the American one.In Italy,health is a fundamental right,and the healthcare system is a model for making this right concrete.In this paper,we will discuss how the American healthcare system is very different from a philosophical and bioethical point of view.We will try to figure out what reasons can be adduced to argue that“health”is a right and not a commodity like others on the market.This paper focuses on philosophical and bioethical issues related to health and healthcare,analyzed in both the Italian and American contexts.Emphasis will be given,using bioethical and legal arguments,to both concepts of health as a right and a good,taking into consideration the current economic and social crisis.In particular,the paper analyzes the theoretical models adopted by the two aforementioned countries and highlights fundamental differences between them.Analysis of the best and most fair allocation of resources leads to a proposal for new definitions for“resource”and preferable idea of justice for healthcare.
文摘The object of criminal legal aid refers to the person in a criminal case who has the right or eligibility toapply for legal assistance and who receives it. According to jurispru- dence, the object (or aid recipient) is a party in a given legal case, who is granted legal aid. They are often among the disadvantaged group in criminal cases, since most of them are mentally challenged, lack free- dom or have health problems.' Both international and domestic laws have certain norms regarding objects of criminal legal aid. Our domestic law places more emphasis on "defen- dants" while downplaying "suspects" and "victims" in identifying objects.
文摘In early China, ordinary people had a "right" to demand for justice and they often exerted that "right". Due to the nature of our sources, which are preoccupied with the concerns of the governing elite, the ordinary people's voices are often lost, but even the scanty evidence that we have suggests that ordinary people did not always passively wait for justice to be delivered to them by the authorities. On one hand, the elites recognized that all human being had the sense of justice and its expression was a natural tendency, on the other hand, ordinary people and elites actively demanded justice at least in three ways: they cried out to redress the injustices they had encountered; they honored the impartial judges for their honesty and fairness; and they protested against injustices through collective actions.
文摘This article discusses the role of the Church in promoting human rights in Nigeria. This is anchored on the fact that the Church must live according to what it proclaims to the world especially against an avalanche of serious abuse of human rights in Nigeria. Cases abound how innocent citizens die in the hands of terrorist groups or communal clashes. This implies that it must live by the standards of the Gospel of Christ, striving vigorously to make the Christian values of love, honesty, truth, forgiveness, justice, self-sacrifice, solidarity and compassion guide the dealings with members with others in their private and public lives. It must be a Church that upholds the dignity and rights of human person and denounces what is essentially inhuman. Using descriptive and analytical methods, the paper underscores that the Church especially the canonists must courageously fight against forces of evil and iniquity engaging all stakeholders to a continuous dialogue that enhances mutual understanding and cooperation. In this way, all stakeholders will respect and uphold the sanctify of human rights in Nigeria and beyond.
文摘The United States has numerous social-cultural issues affecting its population.One of these problems is white supremacy.This concept refers to a racist perception that white persons are naturally superior to individuals of other races and should thus dominate them.While white supremacy in previous centuries galvanized a lot of support among white people,the concept is now regarded vicious by white,African American,Latino as well as other races.The modern American society is structured under cultural sensitiveness,racial equality,and religious tolerance.Unlike the years of slavery or reconstruction,all citizens in the United States are afforded equal rights irrespective of their cultural identities.Nevertheless,white supremacist notions persist in a nation that prides itself for its democratic model,cultural diversity,religious tolerance and socioeconomic transcendence.The state of white supremacy is that America can be manifested by violence,imperialistic tendencies,discrimination in the society,unfair immigration policies,poor political leadership,and the deplorable role of the media.With the growing number of atrocities being committed around the United States by both members of identified and non-identified white supremacist group,it is time to address this issue together.This paper,is a constructive discussion venting the many ills of racial discrimination in every aspect that affects minorities at all spheres of the society and the deplorable state of white supremacy in America.