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New ID Card Stresses Constitutional Rights
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作者 ZHONG QUAN 《The Journal of Human Rights》 2003年第5期28-29,共2页
ID cards are de Rigueur worldwide. The majority of countries have some kind of national identification system. A small card makes it easier for people to identify themesleves and to take part in social, political and ... ID cards are de Rigueur worldwide. The majority of countries have some kind of national identification system. A small card makes it easier for people to identify themesleves and to take part in social, political and other activities. But absuse or "authorized" abuse of the card may also cause problems and even encroach upon the basic rights of citizens. China introduced the national identification system in 1985, when regulations on what was then called "residence identification card" were enacted. Over the past 18 years, the country has issued 1.14 billion ID cards and the number of actual card holders has reached 980 million. 展开更多
关键词 ID IT of or in CARD New ID Card Stresses constitutional rights
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On the Right to the Protection of Personal Data as a Constitutional Right
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作者 戴激涛 LIU Zhao(Translated) 《The Journal of Human Rights》 2021年第5期851-874,共24页
The right to the protection of personal data is an important human right in the era of big data and a constitutional right based on the national protection obligation and the theory of human dignity,making it of speci... The right to the protection of personal data is an important human right in the era of big data and a constitutional right based on the national protection obligation and the theory of human dignity,making it of special significance for the realization of citizenship in a digital society.It can be seen from an examination of the constitutional texts of various countries in the world that the right to the protection of personal data as a constitutional right has rich normative connotations,and the key legal link to realize this right lies in the national legislature actively fulfilling its obligation to shape and specify the protection of personal data in accordance with the entrustment of the constitutional norms.Given the constitutional principles of fundamental rights protection,i.e.,realizing the constitutional status of the right to the protection of personal data as a basic right by means of institutional guarantees,the legislature should first adhere to the constitutionality principle of data protection legislation.Second,a multi-level data protection legal system centered on the right to the protection of personal data should be established.Finally,the institutional guarantee mechanism for the protection of personal data should be continuously improved through constitutional interpretation. 展开更多
关键词 the right to the protection of personal data constitutional rights institutional guarantees constitutional principles constitutional interpretations
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Constitutional Nature of Personality Rights and Its Manifestation in Civil Law
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作者 陈斯彬 《The Journal of Human Rights》 2023年第4期804-825,共22页
The formation of personality comes from people’s choices and pursuit of self-realization,which is influenced by objective factors but not determined by them,so personality does not belong to the domain of objectivity... The formation of personality comes from people’s choices and pursuit of self-realization,which is influenced by objective factors but not determined by them,so personality does not belong to the domain of objectivity.The concept of general personality rights in the German Constitution was initially premised on the objective determinability in the field of personality,but in constitutional jurisprudence,it gradually shifted to something with individual autonomy as the core and personal self-realization as the goal,and the scope of relevant rights expanded accordingly,so that they could not be clearly distinguished from general freedom of action and thus became the general principle of constitutional rights.The protection of constitutional personality rights in the United States and Japan can also confirm this process,providing evidence for the constitutional nature of personality rights.Deeper research shows that constitutional personality rights actually manifest the highest value of modern constitutions—human dignity.In contrast,the theoretical justification of personality rights in civil law just lies in the objectivity and defensive nature of personality elements. 展开更多
关键词 general personality rights constitutional personality rights SELF-REALIZATION SELF-DETERMINATION human dignity
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Why The Constitution Should Protect Personal Credit Information?——An Approach of Right Argumentation
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作者 李艺 SU Yilon 《The Journal of Human Rights》 2023年第2期328-346,共19页
Protecting personal credit information through constitutional rights is not only essemtial for individuals to defend against infringements on their personal credit information rights and interests by public power in t... Protecting personal credit information through constitutional rights is not only essemtial for individuals to defend against infringements on their personal credit information rights and interests by public power in the social credit system,but also a requirement for unified legislation on social credit to explore the basis for constitutional norms.In the era of the credit economy,personal credit information has become a vital resource for realizing personal autonomy.Along with the increase in the state’s supervision and control of personal credit,the realization of the autonomous value in the interests related to personal credit information has also set more obligations for the state.Therefore,interests related to personal credit information should be regarded as a constitutional right.Because of its significant economic interest and value,the right to personal credit information should be classified as a constitutional property right.As a constitutional property right,the right to personal credit information can not only help protect people’s economic interests,but also achieve the goal of safeguarding their personality interests. 展开更多
关键词 right to personal credit information constitutional rights social and economic rights property rights
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The Concept of Human Rights in the Constitution and Its Functional Significance
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作者 严海良 CHEN Feng 《The Journal of Human Rights》 2023年第1期56-90,共35页
To practice the constitutional provision that “The state respects and protects human rights”, we should clarify its connotation. The understanding of human rights is a natural requirement and the key. In domestic ac... To practice the constitutional provision that “The state respects and protects human rights”, we should clarify its connotation. The understanding of human rights is a natural requirement and the key. In domestic academia, human rights are considered natural rights and interpreted as “moral rights that everyone should enjoy as a human being”, hoping to provide theoretical support for the development of the system centered on the basic rights of citizens in China.Although it reveals the universal moral connotation of human rights, it does not cover the normative connotation of human rights as common international standards. Therefore, it is impossible to fully clarify the functional significance of the provision. It is conducive to scientifically clarifying the relationship between human rights and basic civil rights,better improving the institutional protection of human rights in China,and promoting the building of a community with a shared future for mankind to interpret human rights as common international standards that everyone should enjoy for human dignity based on the development of the international legal order under the Charter of the United Nations since the end of the World War Ⅱ. 展开更多
关键词 human rights constitutional rights international law common standards
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Constitutional Environmental Rights: An Investigation and Analysis Based on Constitutional Texts of All Countries 被引量:1
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作者 范进学 HAN Feng 《The Journal of Human Rights》 2017年第5期476-492,共17页
Although the academic community still has some theoretical divergences on whether environmental rights should be a basic human right or a basic constitutional one, there are an increasing number of countries including... Although the academic community still has some theoretical divergences on whether environmental rights should be a basic human right or a basic constitutional one, there are an increasing number of countries including this right in their constitution. Based on the constitutions in 193 countries, this paper aims to examine the fundamental situation of incorporating environmental rights into a constitution. It has been concluded that environmental protection as a right is written into a constitution in three aspects, namely, as a constitutional right, a civic duty, and a national policy, principle or social goal. Through summarizing these, this paper argues that including environmental rights in a country’s constitution is the means by which all citizens shall enjoy a good, healthy, sustainable and harmonious environment suitable for their development, have timely and comprehensive access to reliable information about environment, participate in making public decisions related to the environment, and ask for legal remedies and compensation for any infringement on their environmental rights, or injury or damage to their environmental property. But even after environmental rights are incorporated into a constitution, there may be theoretical and practical difficulties in their implementation. 展开更多
关键词 constitutional environmental rights basic duty national policy right relief
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Implementing Constitutional Commitments to Human Rights:Parliament and National Human Rights Commissions——a South African Perspective
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作者 LEON WESSELS 《The Journal of Human Rights》 2005年第5期31-34,共4页
'What is appropriate for one country in the light of its history, is not necessarily appropriatein another country with a different history. Our final constitution must now be forged in the lightof our history and... 'What is appropriate for one country in the light of its history, is not necessarily appropriatein another country with a different history. Our final constitution must now be forged in the lightof our history and on the basis of the agreed constitutional principles which both reflect that historyand are part of it'—Arthur Chaskalson: President of the Constitutional Court, 17 July 1995. 展开更多
关键词 Implementing constitutional Commitments to Human rights a South African Perspective
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Constitutional Values of Protecting Human Rights of Disadvantaged Groups
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作者 TAO BO,Professor at the Liberation Army Foreign Language Institute ZHANG NING,staff reporter 《The Journal of Human Rights》 2009年第1期29-31,共3页
The confrontation between the disadvantaged and advantaged groups is eternal throughout the competition for survival. But the human spiritual world has its humane aspect in addition to competition. The concern for and... The confrontation between the disadvantaged and advantaged groups is eternal throughout the competition for survival. But the human spiritual world has its humane aspect in addition to competition. The concern for and protection of the disadvantaged group is the moral law characteristic of humanity, just as the Universal Declaration of Human Rights says in its Article 1: "All human beings are born free and equal in dignity and rights. 展开更多
关键词 constitutional Values of Protecting Human rights of Disadvantaged Groups
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Forum Highlights Constitutional and Legal Protection For Human Rights
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作者 JIAN MIN 《The Journal of Human Rights》 2005年第2期38-38,共1页
关键词 Forum Highlights constitutional and Legal Protection For Human rights
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Strive to Develop the Human Rights Cause——Speech at the forum on entry of human rights into the Constitution and legal protection of human rights(December23,2004) 被引量:2
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作者 JIANG ZHENGHUA vice-chairman of the NPC Standing Committee 《The Journal of Human Rights》 2005年第2期2-3,共2页
关键词 Speech at the forum on entry of human rights into the Constitution and legal protection of human rights Strive to Develop the Human rights Cause December23 2004
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Forum on China's Move to Enshrine Human Rights in Constitution
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作者 BY OUR STAFF REPORTER 《The Journal of Human Rights》 2004年第3期39-40,共2页
China Society for Human Rights Studies (CSHRS) called a forum of experts and scholars on March 15 to discuss the significance of getting human rights protection enshrined in China’s fundamental law—the Constitution.... China Society for Human Rights Studies (CSHRS) called a forum of experts and scholars on March 15 to discuss the significance of getting human rights protection enshrined in China’s fundamental law—the Constitution. Presided over by CSHRS President Zhou Jue, the forum was attended by CSHRS vice-presidents Yang Zhengquan and Dong Yunhu and more than 20 human rights experts and scholars from the 展开更多
关键词 Forum on China’s Move to Enshrine Human rights in Constitution
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Academic Symposium on Rights Protection under Constitution & Private Laws
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作者 BY XU GANG 《The Journal of Human Rights》 2005年第4期38-40,共3页
关键词 Private Laws Academic Symposium on rights Protection under Constitution
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Constitutional Human Rights:Saudi Perspective
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作者 Moosa Akefi GHAZI 《Asian Journal of Middle Eastern and Islamic Studies》 2010年第3期28-46,共19页
Saudi land has always been considered as sacred by Muslims,since the emergence and the cradle of Islam is Mecca to which all Muslims in the globe turn in their daily obligatory prayers.Millions of Muslims from all con... Saudi land has always been considered as sacred by Muslims,since the emergence and the cradle of Islam is Mecca to which all Muslims in the globe turn in their daily obligatory prayers.Millions of Muslims from all continents go to perform their annual pilgrimage function‘haj’in this Holy Shrine.Moreover,Saudi’s legal system and practices in respect to human rights has an impressive effect on the other members of the GCC.This paper probes constitutional human rights of Saudi Arabia. 展开更多
关键词 Basic Law of Government constitutional Human rights Judician Independence Qu’ran Saudi Arabia Saudi Legal System Saudi King Shari’ah
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