Conflict and Balance Between the Right to Life and Other Rights

The global COVID-19 pandemic is changing the international order and transforming the lifestyle of the mankind pandemic prevention and control has posed new challenges to the traditional system of basic rights Conflicts between the right to life and other rights, arising from the pandemic prevention and control measures adopted by governments, have triggered academic debates Governments have taken stringent pandemic prevention and control measures to protect the life, health and safety of the public, including restricting their personal freedom, freedom of religious belief as well as freedom in other spheres, with a view to safeguard the right to life In order to prioritize the right to life among the basic rights, its legitimacy basis should be researched on and a reasonable balance should be struck among the right to life, the right to dignity and other freedoms In the post-epidemic era, we should carry forward the human rights culture, optimize the system and mechanism that defend the value of the right to life, and endow the right to life with new connotation and mission.

The Development of Human Rights Protection in Cross-border Personality Rights and Tort Conflict Laws

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.

Evaluation of the Functionality of the Networking of Sexual and Reproductive Health Rights Services in the Event of Gender-Based Violence in the Commune of Kpomasse in 2022

Introduction: In developing countries, gender-based violence (GBV) is a real public health problem. In Benin, GBV affects the majority of women and girls (69%). Benin has implemented strategies and set up integrated centers for the management of violence in order to reduce cases of violence and ensure the holistic management of victims. The objective of our study was to assess the functionality of the network of sexual and reproductive health rights (SRHR) in case of GBV in the commune of Kpomasse in 2022. Method: This descriptive and evaluative study was conducted from March 21 to April 11, 2022. The sampling method used was non-probabilistic. Reasoned choice and convenience were the techniques used for the different targets of the study. The functionality of the SRHR service network was assessed first by calculating scores at the structure, process and outcome levels, and then by analysis using the human rights-based approach. Results: Out of the 34 GBV victims identified, only one had received a full response and 54% of the victims had no knowledge of SRHR. The lack of knowledge about health care facilities was 41% for victims and 80% for non-victims in the community who participated in the study. In the case of gender-based violence, the community preferred to settle out of court rather than report it. The functionality of the networking of sexual and reproductive health rights services in the event of the occurrence of gender-based violence in the commune of Kpomassè is insufficient. Lack of knowledge of the roles of rights holders (DD) and duty bearers (DO) explains the insufficient functionality of networking. Conclusion: Training of SRHR service agents and community sensitization are essential to improve the functionality of SRHR service networking in the commune of Kpomasse.

Setting Regional Research Priorities for Sexual and Reproductive Health and Rights Services in Humanitarian Settings

Background: Despite increased recognition of the need for sexual and reproductive health and rights in humanitarian settings, evidence focusing on mainstreaming reproductive health services such as maternal, neonatal mortality, human immunodeficiency virus transmission and unsafe abortion still remains inadequate. The ability to understand the magnitude of the needs and highlight existing gaps is supported by improved data which is critical to informing effective policies, programming and funding decisions. The purpose of this report is to present the results of a research prioritization exercise on sexual and reproductive health and rights services in humanitarian settings for the WHO Africa region for the next three years. Methods: We adapted the Child Health and Nutrition Research Initiative method in three phases. Experts from the region participated in an online survey to identify key areas for research in sexual and reproductive health and rights. To identify potential areas for research, the experts ensured answerability, effectiveness, deliverability, equity and potential impact of the questions. The research areas they identified were reviewed by World Health Organization technical team from headquarters. In a meeting of 67 participants, the questions were subjected to further review and analysis. Using a modified for scoring criteria, the questions were scored and ranked to provide the top ten priority questions to address sexual and reproductive health and rights services in humanitarian settings. Results: A list of 21 priority research questions on sexual and reproductive health and rights services in humanitarian settings were scored and ranked. Top ten priorities research questions were identified. Those that scored highly by scoring 30 points out of the possible maximum of 30 include: “determining the prevalence and associated factors of unwanted pregnancies and abortions performed in emergency and humanitarian settings”, “evidence on gender-based violence in humanitarian situations and its associated factors” and “defining an optimal model for coordinating sexual and reproductive health and rights interventions and responses in crisis situations”. Conclusions: Top ten research priorities in sexual and reproductive health and rights services in humanitarian settings were identified. The priority research areas have the potential to identify the best areas for programming of services in humanitarian settings. It is our hope that the identified research areas will be prioritized to support programming of services in humanitarian settings based on scientific evidence.

Research Priorities for mHealth and Innovative Strategies in Sexual and Reproductive Health and Rights in the WHO Africa Region

Background: The use of mobile phones continues to rise rapidly in the provision of health related services. Many countries have adopted the use of mobiles to provide sexual and reproductive health and rights and especially among the adolescents where specific messages are tailored for various audiences with specific messages. The purpose of this paper is to present the results of a research priority setting exercise on mHealth and innovative strategies. Methods: We adapted Child Health and Nutrition Research Initiative methodology to identify and set research priorities on mHealth and innovative strategies that respond to sexual and reproductive health and rights services. General potential research questions were gathered online from multiple stakeholders in the region and sent for consolidation consolidated to technical experts in World Health Organization headquarters. The second phase involved a meeting with experts to review and thematically analyze the questions list of 33 questions producing a list of 22 research questions. The questions were scored against a six point criteria and ranked accordingly. Ten top priority research questions were identified. Results: Lists of 33 priority research questions for mHealth and innovative strategies were proposed for discussions by 67 stakeholders. The questions were reviewed, scored and ranked in a technical meeting by experts. The highest ranking questions at 87% include evaluation of mHealth for data management and sexual and reproductive health and rights decision making, assessment of innovative local financing techniques to support community based sexual reproductive health and rights and evaluation of the role of mobile technologies in referral and counter referral. Conclusions: Information and communication technology is developing drastically and has a great potential in improving health especially in sexual and reproductive health and rights service delivery. This potential must be demonstrated with more relevant and quality research on mHealth and innovative strategies priorities identified.

Knowledge of reproductive health rights and its associated factors among Wolkite University undergraduate students, Wolkite, southern Ethiopia

Objective:Reproductive health(RH)rights are the rights of all persons,regardless of age,sex,or other traits,and they have the freedom to make decisions about their sexuality and RH.However,there is limited information about Ethiopians’understanding of RH rights.Because little is known about the degree of knowledge and relevant predictors in the study area,this study was carried out to fill in the gaps.Methods:An institution-based cross-sectional study was conducted from 3 January to 25 January 2021 G.C to determine the knowledge level of RH rights and its associated factors among Wolkite University undergraduate medical students.The minimum estimated sample size was computed by using the simple population proportion formula of 95%confidence interval(CI),with 5%of marginal error,which was 318 students.The students were stratified based on their academic year and department.Each student was selected from each department by using the simple random sampling method based on their ID numbers.Data were collected by using a pre-tested,structured self-administered questionnaire.Epi Info version 3.5.1 was used for data coding,entering,and cleaning,and then the data were expor ted to Statistical Package for Social Sciences(SPSS)version 23 for advanced analysis.The associated factors were identified by performing analysis for bivariate and multivariate logistic regression analyses.Results:More than half(56.33%)of the par ticipants were knowledgeable about reproductive and sexual rights and par ticipated in RH clubs(adjusted odds ratio[AOR]:2.94,95%CI:1.46,5.91).The paternal educational level(AOR:2.89,95%CI:1.34,5.65)had an association with the knowledge of reproductive health rights.Conclusions:The students’knowledge regarding reproductive and sexual rights was found to be little.The Ethiopia Ministry of Education has to include reproductive and sexual rights in the curriculum of high school and higher institution studies.

The WHO African Region: Research Priorities on Sexual and Reproductive Health and Rights

Background: Many policy makers deliberating on comprehensive sexual and reproductive health and rights services need reliable evidence to make choices that benefit women, adolescents, children and the wider society. While universal health coverage discourse provides an opportunity to expand access through evidence based interventions, many gaps exist. Research prioritization has proved to be very helpful in identifying relevant areas especially in constrained resource settings. The purpose of this paper is to present the results of the World Health Organization Africa Region research prioritization for sexual and reproductive health and rights. These priorities hope to guide the region for the next three years. Methods: We used the Child Health and Nutrition Research Initiative approach to identify priority questions among many potential areas for research prioritization on sexual and reproductive health and rights. The implementation process was organized in three phases. The first phase involved sending out an online survey to various experts with experience in sexual and reproductive health rights. These questions were received by a technical team from World Health Organization headquarters for review. 634 questions were identified for potential research and grouped into 12 themes. The second phase involved experts who reviewed the questions. The team merged questions with duplications, removed the questions that were out of scope and finally refined the wordings. In the final phase, experts worked in groups to score and rank top ten priority questions for each of the 12 thematic areas. Results: A list of 120 priority questions for sexual and reproductive health and rights were prioritized by 67 participants drawn from 16 organizations. Most of the priority research questions (45%) focused on the theme of gender-based violence, 35% prioritized services in sexual and reproductive health and rights in humanitarian settings while 15% prioritized preventing unsafe abortion. 5% of the participants prioritized cervical cancer prevalence, prevention and treatment as a thematic area out of the questions in the top 20 research priority questions. Conclusions: Key priority research questions in sexual and reproductive health and rights were identified around five themes. The priority list will be of significance to World Health Organization regional Office for Africa and her stakeholders for the next three years.

Integrating Human Rights Conflicts in COVID-19 Pandemic Prevention and Control

In the fight against the COVID-19 pandemic, conflicts between the right to life and health and the rights to freedom, economy and equality are inevitable exploring conflicts of human rights and responding solutions will directly influence the success of the battle against the coronavirus From the perspective of human rights’ subjects, the conflicts are between young and elder COVID-19 patients, COVID-19 and non-COVID-19 patients, citizens from epidemic center areas and non-epidemic areas In terms of the content of these rights, the conflict between the right to life and health and the right to econom ic freedom should be resolved based on four principles: priority, the limit of costs, baseline equality, and resto ration of justice on the value side, the relationship between social order and freedoms should be clarified in five aspects: life, market, security, news, and speech to build a good governance model that can stabilize the order of epidemic preven tion & control order and maintain social vitality.

Living in a Condominium Regime:Neighborhood Conflicts in Low-Income Housing,Tijuana,Baja California-A Secondary Publication

This paper analyzes neighborhood conflicts arising from the condominium property regime,under which social housing promoted by Mexican government institutions and private developers is acquired.This regime has facilitated access to housing for the salaried population,but it is far from contributing to the attainment of the right to housing.The research takes as case studies housing complexes located in the city of Tijuana,Baja California,Mexico.The analysis included a mixed methodology.Firstly,similar case studies were analyzed;secondly,a review of the Condominium Property Regime Law was carried out in order to understand its implications.In view of the pandemic situation,a virtual survey was applied to the inhabitants of these areas,as well as interviews with presidents of neighborhood committees of these complexes.From the above,it was found that this form of ownership generates conflicts,reflected in the dissatisfaction of the inhabitants with their housing,disagreements and controversies in their organization and coexistence.The inhabitants have to collectively solve the problems they face,related to the maintenance and use of common areas,insecurity,and cleanliness,among others.In addition,there is a lack of support from local authorities.With this,it is concluded that although the inhabitants have a space that solves their housing problem,it does not manage to be a space that adequately guarantees their right to housing.

The Path of Human Rights Development with Chinese Characteristics in the New Era:the Coordinated Promotion of Social Rights Protection and Economic Development

The principle of marxist theory on the dialectical relationship between the economic base and superstructure is an important theoretical basis for recognizing the mutual relationship between social rights protection and economic development China and the West have different practical experience in handling their relations But a proper handling of their relations is conducive to promoting the development of human rights It is one-sided to either emphasize too much on social rights protection or to excessively pursue economic development The in-depth interaction between social rights protection and economic development is that they promote and restrict each other It is the right choice for human rights development with Chinese characteristics in the new era to promote social rights protection and economic development in a coordinated manner We should not only lay a solid material foundation for social rights protection with the high quality and efficiency of economic development, but also take social rights protection as the ultimate goal and strategic means to provide sufficient driving force for economic development And social rights protection and economic development should be synchronized.

Forest Conflict on the Forest Resources Management between Indigenous People and the Logging Company in Small Island

Many conflicts are reported in small islands mainly in Eastern region of Indonesia and it is needed to conflict resolution in the forest sector. The research has been conducted on forest conflict in the small island of Yamdena. The aims of the research were： （1） to determine the customary rights of indigenous peoples to the forest area that was claimed as theirs according to the applicable rules and regulations; （2） to study the causes of conflict between indigenous peoples and the logging company; （3） to analyze the policy in the forest resources management on the customary land. This research is qualitative and uses a case study methodology. Data collection methods used include semi-structured interviews, participant observation and focus group discussion （FGD）. The results showed that indigenous peoples whose livelihood is highly dependent on the forest were most threatened because of forest exploitation of their traditional land by the logging company. Handling of the conflict potential in the forest resources management in Yamdena island was approached through use of traditional laws, involving all the relevant parties to the conflict. The forest management either by indigenous peoples or the logging company is no longer focused on the timber harvesting but more on conservation aspects.

Solutions to Right Conflicts and Integrated Protection of Diverse Interests in Real EstateDevelopment and Operation

In the development and operation of real estate, real estate development enterprises as the principal subject would often establish contractual relationships with subjects of diverse interests including removed households, banks, construction project contractors, and buyers. At times, conflicts of interests might occur among these contractual subjects requesting civil and commercial claims of the same subject matter based on agreements or legal rights. As for the causes of these conflicts and their solutions, a majority of existing researches still stay at the superficial causes from the perspective of civil and commercial law, and the solution of determining the order of priority of compensation of related rights. Due to the lack of research into deep-seated reasons and solutions from the perspective of economic law, the current legislative and judicial approaches to this kind of problems tend to give more protection to the rights of one subject while lack sufficient attention to other subjects. This paper attempts to carry out analyses and research on the causes and solutions to this kind of conflicts from the perspective of economic law, to achieve integrated protection of diverse interests in real estate development and operation so as to better safeguard the order in real estate development and operation and facilitate the healthy and ordered development of the real estate industry.

生育支持政策的权利之维——发达国家的实践及启示

关于发达国家的生育支持政策,从生育权利保障角度进行考察可知,这一政策体系具有“国家—个体”关系维度、以“国家—社会—个体”关系为基础的共同体维度的二维构造。前者以保障国民生存福祉为原则,以生育保障获得权和性别平等权为核心构造;后者以作为生育保障获得权补强机制的多元主体共同负担原则、婴幼儿的保育权为主要内容。生育支持政策鼓励生育的功能性目标,需通过上述权利的保障得以实现。从权利保障视域研究发达国家的生育支持政策,可以在基本理念、体系结构以及保障措施等方面为中国生育支持政策的建构提供借鉴与参考。

遗传性疾病患者生育权与子代权益的伦理冲突——1例外胚层发育不良申请辅助生殖技术助孕案例的伦理分析

随着人类辅助生殖技术的进步,更多的遗传性疾病被发现并通过创新技术的使用拟降低遗传风险,不孕症夫妇的生育权得到更大程度的保护和满足。但对一些特殊遗传病例,子代权益需要被充分考虑。以1例“外胚层发育不良”申请实施人类辅助生殖技术进行助孕的个案为基础进行伦理剖析,揭示在对遗传性疾病患者实施辅助生殖技术治疗中,由于患者生育权与子代权益保护存在矛盾、人类辅助生殖技术实施与阻断遗传风险之间存在矛盾,处理该类病例会面临伦理困境。通过文献回顾提出:在遗传性病例的诊疗及伦理判断过程中,应充分履行知情同意,基于关怀伦理基础,采用叙事医学方法形成医患共同决策,避免家长主义;同时提供充分的信息支持及完善伦理监督机制,以有效应对伦理困境。

论妊娠女性生育自主权的行使逻辑——基于权利阈值理论的分析

妻子擅自中止妊娠时,丈夫是否享有侵权损害赔偿请求权,在学界一直存在争议。这一问题本质上是夫妻生育权利冲突时妊娠女性生育自主权的行使逻辑问题,应被放置在权利冲突理论下重新审视。权利的阈值理论可以为探究妊娠女性生育自主权的行使逻辑提供融贯性分析框架。该框架包含两个核心问题,即权利的阈值划定问题与被压倒权利的救济问题。根据妊娠女性生育自主权的阈值划定标准,妊娠女性生育自主权压倒男性生育自主权与生育知情权具有道德可允许性。对于男性被压倒权利的救济问题,根据强关联性原则与强威慑性原则,女性不应承担因压倒男性权利而带来的牺牲补偿责任。

数字作品转售的版权风险与制度应对

数字作品转售市场的发展,需要以发行权用尽原则向数字环境的扩张为基础。以控制权转移为核心的数字作品转售依托下载方式开展,使复制权侵权风险成为数字发行的阻碍。在司法实践中,欧盟与美国法院对计算机软件交易中的必要下载行为予以豁免,但认定计算机软件之外的数字作品转售侵犯复制权。《世界知识产权组织版权条约》与我国著作权法存在适用数字发行权用尽的空间。在立法上,通过合理使用制度对数字作品转售中必要下载行为予以豁免,辅以删除管理技术,将实现发行权向数字环境合理扩张。

基于统计数据的欧洲40年来语言冲突研究

欧洲是一个语言多样性与语言冲突长期并存的地区。本文基于现有欧洲抗议、冲突、犯罪等事件记录数据库,结合国家民族异质化指数等数据,对欧洲1980年以来的语言冲突事件进行了全景式扫描和重点案例分析。在如今45个欧洲国家中,有27个发生过语言方面的冲突,39个发生过语言或民族冲突,涉及41种语言。但此类冲突数量并不突出,绝大多数仅占各国冲突总数的1%~6%,且语言冲突数量远低于民族冲突数量。语言冲突数量前十的国家大部分处于中东欧地区,参与方主要是民众和政党,涉及行政、教育、司法等方面的诉求,冲突方式大都是温和的抗议,在个别地区也会发生暴力冲突。随着欧洲民众和政府对语言超级多样性更为宽容的态度,语言冲突可能会朝着泛化和弱化的方向发展,即大范围、低烈度持续存在,对未来的研究和语言管理提出了新的课题。

民行交叉视域下居住权与抵押权的权利冲突与协调

为尽可能避免居住权对抵押权实现的不利影响,部分不动产登记机构、住房公积金管理中心等通过行政规范性文件规定居住权的设立前置条件及其消极法律后果。这类规则既缺乏上位法依据,亦难与既有民法体系兼容,甚至已僭越了行政权合理介入物权的权力半径,不具备增设限制性条款的可行性。考虑到抵押权人及行政机关的风险防范与特殊利益,居住权与抵押权的权利冲突与协调应回归民法的私益对抗范畴,排除与民法规范相悖的绝对限制性规则,允许当事人在相对限制的界限内自主分配各自所应承担的风险并在一定条件下赋予抵押权人防御性救济权,减少抵押权人对居住权的抵触心理。为了发挥当事人之约定应有的对抗性效力,需辅之以不动产登记中心的特殊约定记载义务与风险提示义务,完善住房公积金管理中心、银行等机构的事前风险预警机制,从根本上消解居住权与抵押权的权利冲突状态。

精神病患者与智障者性权利保护的基本问题

精神病患者与智障者因在认识能力和防卫能力方面的缺陷,其性权利受到侵犯的事件屡有发生。性权利是一项天赋的权利,精神病患者与智障者当然享有性权利,但因为生理上的特殊性,其性权利的实现和保护存在着一些现实难题。加强对精神病患者与智障者性权利的保护,应当完善支持精神病患者与智障者婚育权实现的制度体系,推动对性防卫能力鉴定以及性同意能力判断的个案化,对符合条件的适用推定同意理论,建立精神病患者与智障者遭受性侵后的救助补偿制度,为精神病患者与智障者的性权利保护打造一个从法律到社会、从教育到救助的全方位的制度体系。

论代孕及其行为的公法规制

规范代孕行为应厘清“代孕”内涵并对其所关涉的价值取向作权衡,在遵循公序良俗与顺应时代需求上予以综合考量和评价,明确向符合特定条件的夫妻双方有限开放代孕,并将其纳入公法规制,以公权力保障代孕行为的有序开展,方能最终实现公民权利和社会秩序的统一,实现对生育权更全面的保障。