Human beings are the mainstay and the ultimate goal of civilization.The history of human civilization is a continuous struggle to realize the respect,liberation,protection,and development of humanity.Human rights are ...Human beings are the mainstay and the ultimate goal of civilization.The history of human civilization is a continuous struggle to realize the respect,liberation,protection,and development of humanity.Human rights are an achievement of humanity and a symbol of progress,and the human rights civilization is an important component of human civilization.Understanding and interpreting human rights from the perspective of human rights civilization means that human rights are not only a concept or an idea but also a grand historical and long-term social practice.Up to now,the development of human rights civilization has roughly experienced four awakening eras:initialization,revolution,popularization,and globalization.In terms of its value dimensions,it has the characteristics of progressiveness,diversity,commonality,inclusiveness,indivisibility,openness,and so on.The historical position of human rights civilization and the development of its value dimensions have shown to the world that human rights are the common wealth of humanity,and human rights belong to all mankind;human rights are historical,concrete,and developmental;the concept of human rights is constantly evolving,and its connotations and categories are constantly expanding;achieving the free and well-rounded development of every person is the highest value realm of human rights civilization.The Chinese modernization endows Chinese civilization with modern strength and opens up new horizons for human rights civilization.The new pattern of human rights civilization to be created by Chinese modernization not only possesses the common characteristics of human rights civilization but also enjoys Chinese characteristics based on its own national conditions,enriching and developing the diversity of human rights civilization for all mankind.展开更多
On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the si...On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the significance of the Universal Declaration of Human Rights,China’s theories and practices in respecting and safeguarding human rights,the three global initiatives and global human rights governance,human rights protection in the digital age,and telling Chinese stories of human rights in the new era.The discussions led to a broad consensus and achieved positive results.展开更多
On October 14,2023,a symposium themed“The Chinese Path to Modernization and the Promotion of Free and Comprehensive Human Development”was held in Changchun,Jilin Province,China.More than fifty experts,scholars,and r...On October 14,2023,a symposium themed“The Chinese Path to Modernization and the Promotion of Free and Comprehensive Human Development”was held in Changchun,Jilin Province,China.More than fifty experts,scholars,and researchers from national institutions and universities engaged in discussions and exchanges on human rights on the Chinese path to modernization,including the path,practice,knowledge systems,and civilization forms of human rights.This symposium played a significant role in advancing the construction of the disciplinary system,academic system,and discourse system of human rights in China.展开更多
Interpreting the Universal Declaration of Human Rights from political,juridical and philosophical perspectives is es-sential for promoting the guiding principles of the Declaration,build-ing consensus on human rights,...Interpreting the Universal Declaration of Human Rights from political,juridical and philosophical perspectives is es-sential for promoting the guiding principles of the Declaration,build-ing consensus on human rights,and advancing human rights practice in the new historical context.To conduct an academic,systematic in-terpretation of the Declaration that conforms to the trends of the times and answers the fundamental questions of the world,it is necessary to find a new research paradigm.The common values of humanity,namely peace,development,equity,justice,democracy and freedom,put forward by Xi Jinping,general secretary of the Communist Party of China(CPC)Central Committee,provide the most explanatory and penetrating scientific paradigm for reaching the issue.This paper an-alyzes and reflects on the views,value foundation and principled(con-tractual)consensus of human rights in the Declaration,and narrates and foresees the far-reaching significance of the three global initia-tives(namely,the Global Development Initiative,the Global Security Initiative,and the Global Civilization Initiative)with the common val-ues of humanity as the soul in advancing the modernization of global human rights governance and building a new form of human rights civilization.展开更多
At present, the value revealed in the Universal Declaration of Human Rights is under attack, and the consensus on human rights value is experiencing division globally,which asserts that "human rights can only be ...At present, the value revealed in the Universal Declaration of Human Rights is under attack, and the consensus on human rights value is experiencing division globally,which asserts that "human rights can only be provided by paradox". The root of this is that" reason ",the metaphysical nature of human rights proclaimed in the Universal Declaration of Human Rights,is infinitely magnified while the " spirit " is ignored. History and philosophy show that the Universal Declaration of Human Rights entails the Confucian ethical " spirit ".At this time,this potential factor is gradually emerging in the course of world history and became a force to bridge the global division of human rights values. The significance of Confucian ethics " spirit " to the Universal Declaration of Human Rights lies in: from the perspective of " spirit ", its holistic view, bridging individual rights and collective rights; its relational view focuses on the realization of human rights and transcends the " paradox of human right; progressing from the value consensus to common action, so that in the process of judging the progress of human rights in the world, we consider not only the value consensus, but also the common action.展开更多
The notions of human rights and World Community are inseparably related. It is on the basis of mutual trust that we can construct World Community, so it is quite natural that the respect of human rights is the basic c...The notions of human rights and World Community are inseparably related. It is on the basis of mutual trust that we can construct World Community, so it is quite natural that the respect of human rights is the basic condition of the participant countries. The World Community is aiming at making a peaceful global village where the lives of people are mutually encouraged and the diverse merits of different civilizations are shared together. True human welfare should imply in its concept harmony between all existences. In the history of the world, we can see the irresistible current moving towards the realization of human rights and World Community. Even if we accept this affirmative development of history in the long run, we should be always alert to the dangers and traps on the road. There have been many cases of frustration and reversion by strong counteractions or self-deceptions. In the actual situation of its age, humanity has been always at the crossroads. It is the duty of philosophy and history to shed light on the situation and present a direction.展开更多
Human rights are an achievement of humanity and a symbol of progress.Respect for and protection of human rights are basic principles of modern civilization.Around the world,countries and regions have chosen different ...Human rights are an achievement of humanity and a symbol of progress.Respect for and protection of human rights are basic principles of modern civilization.Around the world,countries and regions have chosen different paths to modernization,which are rooted in their unique civilizations.to promote exchanges and mutual learning among civilizations,facilitate human rights exchanges and cooperation between different countries,and advance the global development of human rights,on September 20,2023,the 2023 China-europe Seminar on Human Rights was held in Rome,the capital of Italy.Under the theme of“Modernization and the Diversity of Human Rights Among Civilizations,”the seminar focused on discussing topics such as exchanges and mutual learning among civilizations and the development of modern human rights philosophy,modernization and the free and well-rounded development of every person,sustainable development in the process of modernization,and the evolution of the civilization of human rights in the digital age.participants reached the following consensuses at the event:First,the participants from various countries spoke highly of the great achievements that China has made in human rights cause and fully recognized China’s contributions in promoting the development and progress of the global human rights cause;Second,the participants from all countries agreed that it is necessary to discard the concept of“Western-centrism,”transcend the mindset of“cultural superiority,”promote human rights exchanges and mutual learning among civilizations on the basis of equality and mutual respect,and inject new impetus into the diversity of human rights among civilizations;third,participants reaffirmed that human rights represent an open concept,and that we should discuss the development of human rights with an open mind and jointly promote the progress of human rights in the world.展开更多
Traditional human rights theory tends to hold that human rights should be aimed at defending public authority and that the legal issue of human rights is a matter of public law.However,the development of human rights ...Traditional human rights theory tends to hold that human rights should be aimed at defending public authority and that the legal issue of human rights is a matter of public law.However,the development of human rights concepts and practices is not just confined to this.A textual search shows that the term“human rights”exists widely in China’s civil judicial documents.Among the 3,412 civil judicial documents we researched,the concept of“human rights”penetrates all kinds of disputes in lawsuits,ranging from property rights,contracts,labor,and torts to marital property,which is embedded in both the claims of the parties concerned and the reasoning of judges.Human rights have become the discourse and yardstick for understanding and evaluating social behavior.The widespread use of the term“human rights”in civil judicial documents reflects at least three concepts related to human rights:first,the rights to subsistence and development are the primary basic human rights;second,the judicial protection of human rights is a bottom-line guarantee;third,the protection of human rights aims to achieve equal rights.Today,judges quote the theory of human rights in judicial judgments from time to time,evidencing that human rights have a practical function in judicial adjudication activities,and in practice this is mainly manifested in declaring righteous values and strengthening arguments with the values and ideas related to human rights,using the provisions concerning human rights in the Constitution to interpret the constitutionality,and using the principles of human rights to interpret blurred rules and rank the importance of different rights.展开更多
The Universal Declaration of Human Rights was the first common commitment of the international community to human rights. It demonstrated the belief and determination of humanity to maintain peace, democracy and human...The Universal Declaration of Human Rights was the first common commitment of the international community to human rights. It demonstrated the belief and determination of humanity to maintain peace, democracy and human dignity. The process of formulating the Declaration was difficult. But in the spirit of cooperation,countries finally succeeded in reaching a consensus on human rights.The making of the Universal Declaration of Human Rights had great value and significance for promoting world peace and development,and it has had a far-reaching impact on the rule of law in international human rights and the development of the human rights legal systems in various countries. A re-examination and analysis of the process of formulating the Universal Declaration of Human Rights will help us understand the purposes and objectives of the Declaration and review the great value of the spirit of the Declaration to the world today.展开更多
The "2018·China-Europe Seminar on Human Rights" was successfully held at the College of Europe in Bruges, Belgium, on June 28. The seminar was hosted by the China Society for Human Rights Studies and th...The "2018·China-Europe Seminar on Human Rights" was successfully held at the College of Europe in Bruges, Belgium, on June 28. The seminar was hosted by the China Society for Human Rights Studies and the International Institute of Human Rights, and was organized by the Human Rights Institute at the Southwest University of Political Science and Law and the French ADELIE Language and Cultural Exchange Association. The University of Strasbourg, Vrije Universiteit Brussel and European Institute for Political and Strategic Communication were served as co-organizers. Over 60 experts and scholars in the field of human rights from China and Europe attended the seminar in search of the diversity of civilization and human rights protection, focusing on themes such as "the philosophy of human rights in a Chinese context", "the philosophy of human rights in the Universal Declaration of Human Rights and its reflection", "human rights theory and practice in a pluralistic world", "human rights exchanges and dialogues under the diversity of civilization", and "in search of human rights consensus in diverse civilizations." In the context of respecting diversity, the seminar sought a consensus to promote trans-cultural communication in the form of dialogues and to strengthen understanding between the academic circles of China and Europe.展开更多
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
The concept of human rights was put forward by european and american countries in modern times, which bears a strong european and american cultural influence? but human rights have since experienced a slow process of ...The concept of human rights was put forward by european and american countries in modern times, which bears a strong european and american cultural influence? but human rights have since experienced a slow process of neutralization? During the drafting process of the universal Declaration of Human Rights from 1947 to 1948, the concept of human rights experienced the neutralization of multiculturalism, making it the Declaration a matrix accepted by various cultures, which thus laid a foundation of consensus for its continued expansion and wide adoption?展开更多
Human dignity is the fundamental concept of the Universal Declaration of Human Rights and serves as the theoretical backbone for the international human rights system. Chinese culture has an excellent tradition of tre...Human dignity is the fundamental concept of the Universal Declaration of Human Rights and serves as the theoretical backbone for the international human rights system. Chinese culture has an excellent tradition of treasuring the dignity and value of people. The provisions on dignity in the Declaration can find their historical origins in traditional Chinese culture. The dignity of people has a supreme status and value in traditional Chinese culture. Chinese "etiquette" culture has a long tradition of respecting the dignity of people.Achieving benevolence through etiquette is the basic way to protect human dignity. Etiquette in ancient China was constrained by inequality and historical limitations, but it also had the elements of respecting or honoring others, and had the practical function of respecting, maintaining and achieving human dignity. The effective implementation of etiquette requires the fulfillment of people’s basic needs. Progressing from xiao kang(moderate prosperity) to da tong(great harmony) is the process of approaching the human rights standards of human dignity and equal rights that all nations and all peoples should strive to achieve.展开更多
As early as the 18th century,Confucian liberalism of considering others in one s own place was integrated into the provisions of freedom of the Declaration of the Rights of Man and of the Citizen.In 1948,the Confucian...As early as the 18th century,Confucian liberalism of considering others in one s own place was integrated into the provisions of freedom of the Declaration of the Rights of Man and of the Citizen.In 1948,the Confucian idea of benevolence and other liberalism had an important influence on the drafting and content of the Universal Declaration of Human Rights.The fulcrum of Confucian liberalism is self-discipline based on benevolence.The code of conduct created by Confucianism of"What you do not want done to yourself,do not do to others"has the social effect of safeguarding people’s negative freedom;the code of conduct of"while establishing himself and pursuing success,also works to establish others and enable them to succeed as well"has the social effect of safeguarding people s positive freedom.Confucian liberalism is social-oriented,which adheres to the unity of everyone’s freedom with the freedom of others,and the idea that individual freedom lies in the overall freedom of the social community.It is based on the conscience(benevolence)of the way of considering others in one’s own place and the practical path from the obligation to rights and freedoms are prominent features of traditional Chinese culture.It is consistent with the Universal Declaration of Human Rights’provision that everyone has duties to the community,and is similar to Marx’s philosophy that"the free development of every human being is the condition of the free development of all human beings",and is a unique system of liberal discourse that is different from Western liberalism.展开更多
From December 10 to 11,2019,the State Council Information Office and the Ministry of Foreign Affairs jointly held the 2019 South-South Human Rights Forum in Beijing.Participants from more than 80 countries,regions and...From December 10 to 11,2019,the State Council Information Office and the Ministry of Foreign Affairs jointly held the 2019 South-South Human Rights Forum in Beijing.Participants from more than 80 countries,regions and international organizations discussed and exchanged views on such topics as"the practices and experiences of human rights protection in the countries of the Global South","path of human rights development against the background of the diversity of civilizations","building a Community with a Shared Future for Human Beings and global human rights governance".Participants in the forum actively voiced their national human rights views,exchanged human rights development experiences,explored human rights development paths in developing countries,and reached broad consensus.In an international environment featuring the rise of unilateralism and hegemonism,the South-South Human Rights Forum issued a strong message of solidarity and cooperation among developing countries on human rights issues,and also conveyed to the world the firm determination of developing countries to jointly promote the healthy development of the world’s human rights cause.展开更多
I.The History of the Drafting of the Universal Declaration of Human Rights:the Position and Role of the UN Economic and Social Council and the General Assembly of the United Nations should not be Ignored The reason fo...I.The History of the Drafting of the Universal Declaration of Human Rights:the Position and Role of the UN Economic and Social Council and the General Assembly of the United Nations should not be Ignored The reason for me to use the term "source"in the discussion on the right to subsistence展开更多
There has been much discussion in the recent decade on the universality or particularity or relativism or on the relations between the universal values and standard systems and cultural diversity or pluralism. But mos...There has been much discussion in the recent decade on the universality or particularity or relativism or on the relations between the universal values and standard systems and cultural diversity or pluralism. But most of the discussions are concentrated on the abstract or conceptual terms, with few touching upon international human fights standards. This is strange, because the disputes will never end and it is impossible to arrive at any conclusions of value if discussions only focus on the different concepts and systems of different countries or civilizations instead of on what has been universally accepted or at least on the international human rights treaties and the customary international human rights laws that are binding to the great number of state parties.展开更多
Having proper sanitation and hygiene, access to affordable health care and enough food on the table are the basic conditions for a dignified life. This link between human dignity and the right to development was made ...Having proper sanitation and hygiene, access to affordable health care and enough food on the table are the basic conditions for a dignified life. This link between human dignity and the right to development was made very persuasively already in the White Paper on human rights, issued by the State Council of P.R.C. in 1991. The Declaration on the right to development can be considered the first successful joint action undertaken by Southern states in the area of human rights. The Declaration was based on Southern scholarship, such as the pioneering research conducted by the Senegalese jurist Kéba M’baye. And its adoption was the result of joint stage management performed by diplomats from different continents. Therefore the Declaration serves as a source of inspiration for the work of drafting a Comprehensive Southern Vision on human rights. The Vision document will lay out a common Southern outlook on human rights issues as an elaboration of the Universal Declaration.展开更多
Introduction The Universal Declaration of Human Rights (UDHR or Declaration) adopted by the UN General Assembly is not a legally binding treaty per se. As early as the Drafting Committee was making out a draft, hea...Introduction The Universal Declaration of Human Rights (UDHR or Declaration) adopted by the UN General Assembly is not a legally binding treaty per se. As early as the Drafting Committee was making out a draft, heated discussions and debates had been carried out for many times with regard to the nature of the UDHR. At last, the present form of UDHR was taken according to chairperson of the Commission on Human Rights Eleanor Roosevelt's view of pragmatism in order to provide moral guidance for UN Member States.展开更多
In the example of formulating the Universal Declara-tion of Human Rights in 1948,which involved international human rights discourse,the“cross-cultural consensus”put forward based on Confucian culture by Zhang pengc...In the example of formulating the Universal Declara-tion of Human Rights in 1948,which involved international human rights discourse,the“cross-cultural consensus”put forward based on Confucian culture by Zhang pengchun,the Chinese representative at that time,is widely considered an empirical reference for resolving confrontations and conflicts in the practice of human rights discourse.However,the effectiveness of this kind of cross-cultural consensus in addressing confrontations and conflicts is worth considering.Under the presumption of cultural differences,any attempt to resolve confrontations and conflicts in the human rights discourse must address the inherently controversial issues.the settlement of disputes and differences depends on how deep the consensus involves the values.Based on this,it reveals that the effectiveness of Zhang pengchun’s so-called contribution is limited.therefore,we should not overstate its relevance to the current human rights discourse.展开更多
基金part of“Research on Contemporary Chinese Outlook on Human Rights,”a major project of the Marxist theoretical research and development project(Project Approval Number 2O23MZDO25)“Research on the New Form of Chinese Human Rights Civilization,”a key project of The National Social Science Fund of China(Project Approval Number 21AZDO095)the Jilin University Philosophy and Social Science Research Innovation Team’s“Theoretical Interpretation and Discourse Shaping of the Chinese Human Rights Road”(Project Approval Number 2022CXTD05)。
文摘Human beings are the mainstay and the ultimate goal of civilization.The history of human civilization is a continuous struggle to realize the respect,liberation,protection,and development of humanity.Human rights are an achievement of humanity and a symbol of progress,and the human rights civilization is an important component of human civilization.Understanding and interpreting human rights from the perspective of human rights civilization means that human rights are not only a concept or an idea but also a grand historical and long-term social practice.Up to now,the development of human rights civilization has roughly experienced four awakening eras:initialization,revolution,popularization,and globalization.In terms of its value dimensions,it has the characteristics of progressiveness,diversity,commonality,inclusiveness,indivisibility,openness,and so on.The historical position of human rights civilization and the development of its value dimensions have shown to the world that human rights are the common wealth of humanity,and human rights belong to all mankind;human rights are historical,concrete,and developmental;the concept of human rights is constantly evolving,and its connotations and categories are constantly expanding;achieving the free and well-rounded development of every person is the highest value realm of human rights civilization.The Chinese modernization endows Chinese civilization with modern strength and opens up new horizons for human rights civilization.The new pattern of human rights civilization to be created by Chinese modernization not only possesses the common characteristics of human rights civilization but also enjoys Chinese characteristics based on its own national conditions,enriching and developing the diversity of human rights civilization for all mankind.
文摘On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the significance of the Universal Declaration of Human Rights,China’s theories and practices in respecting and safeguarding human rights,the three global initiatives and global human rights governance,human rights protection in the digital age,and telling Chinese stories of human rights in the new era.The discussions led to a broad consensus and achieved positive results.
文摘On October 14,2023,a symposium themed“The Chinese Path to Modernization and the Promotion of Free and Comprehensive Human Development”was held in Changchun,Jilin Province,China.More than fifty experts,scholars,and researchers from national institutions and universities engaged in discussions and exchanges on human rights on the Chinese path to modernization,including the path,practice,knowledge systems,and civilization forms of human rights.This symposium played a significant role in advancing the construction of the disciplinary system,academic system,and discourse system of human rights in China.
基金the major special project of the Ministry of Education for Philosophy and Social Science Research, “Research on the Basic Theory and Core Essence of Xi Jinping Thought on the Rule of Law” (Project Approv-al Number 2022JZDZ001).
文摘Interpreting the Universal Declaration of Human Rights from political,juridical and philosophical perspectives is es-sential for promoting the guiding principles of the Declaration,build-ing consensus on human rights,and advancing human rights practice in the new historical context.To conduct an academic,systematic in-terpretation of the Declaration that conforms to the trends of the times and answers the fundamental questions of the world,it is necessary to find a new research paradigm.The common values of humanity,namely peace,development,equity,justice,democracy and freedom,put forward by Xi Jinping,general secretary of the Communist Party of China(CPC)Central Committee,provide the most explanatory and penetrating scientific paradigm for reaching the issue.This paper an-alyzes and reflects on the views,value foundation and principled(con-tractual)consensus of human rights in the Declaration,and narrates and foresees the far-reaching significance of the three global initia-tives(namely,the Global Development Initiative,the Global Security Initiative,and the Global Civilization Initiative)with the common val-ues of humanity as the soul in advancing the modernization of global human rights governance and building a new form of human rights civilization.
文摘At present, the value revealed in the Universal Declaration of Human Rights is under attack, and the consensus on human rights value is experiencing division globally,which asserts that "human rights can only be provided by paradox". The root of this is that" reason ",the metaphysical nature of human rights proclaimed in the Universal Declaration of Human Rights,is infinitely magnified while the " spirit " is ignored. History and philosophy show that the Universal Declaration of Human Rights entails the Confucian ethical " spirit ".At this time,this potential factor is gradually emerging in the course of world history and became a force to bridge the global division of human rights values. The significance of Confucian ethics " spirit " to the Universal Declaration of Human Rights lies in: from the perspective of " spirit ", its holistic view, bridging individual rights and collective rights; its relational view focuses on the realization of human rights and transcends the " paradox of human right; progressing from the value consensus to common action, so that in the process of judging the progress of human rights in the world, we consider not only the value consensus, but also the common action.
文摘The notions of human rights and World Community are inseparably related. It is on the basis of mutual trust that we can construct World Community, so it is quite natural that the respect of human rights is the basic condition of the participant countries. The World Community is aiming at making a peaceful global village where the lives of people are mutually encouraged and the diverse merits of different civilizations are shared together. True human welfare should imply in its concept harmony between all existences. In the history of the world, we can see the irresistible current moving towards the realization of human rights and World Community. Even if we accept this affirmative development of history in the long run, we should be always alert to the dangers and traps on the road. There have been many cases of frustration and reversion by strong counteractions or self-deceptions. In the actual situation of its age, humanity has been always at the crossroads. It is the duty of philosophy and history to shed light on the situation and present a direction.
文摘Human rights are an achievement of humanity and a symbol of progress.Respect for and protection of human rights are basic principles of modern civilization.Around the world,countries and regions have chosen different paths to modernization,which are rooted in their unique civilizations.to promote exchanges and mutual learning among civilizations,facilitate human rights exchanges and cooperation between different countries,and advance the global development of human rights,on September 20,2023,the 2023 China-europe Seminar on Human Rights was held in Rome,the capital of Italy.Under the theme of“Modernization and the Diversity of Human Rights Among Civilizations,”the seminar focused on discussing topics such as exchanges and mutual learning among civilizations and the development of modern human rights philosophy,modernization and the free and well-rounded development of every person,sustainable development in the process of modernization,and the evolution of the civilization of human rights in the digital age.participants reached the following consensuses at the event:First,the participants from various countries spoke highly of the great achievements that China has made in human rights cause and fully recognized China’s contributions in promoting the development and progress of the global human rights cause;Second,the participants from all countries agreed that it is necessary to discard the concept of“Western-centrism,”transcend the mindset of“cultural superiority,”promote human rights exchanges and mutual learning among civilizations on the basis of equality and mutual respect,and inject new impetus into the diversity of human rights among civilizations;third,participants reaffirmed that human rights represent an open concept,and that we should discuss the development of human rights with an open mind and jointly promote the progress of human rights in the world.
文摘Traditional human rights theory tends to hold that human rights should be aimed at defending public authority and that the legal issue of human rights is a matter of public law.However,the development of human rights concepts and practices is not just confined to this.A textual search shows that the term“human rights”exists widely in China’s civil judicial documents.Among the 3,412 civil judicial documents we researched,the concept of“human rights”penetrates all kinds of disputes in lawsuits,ranging from property rights,contracts,labor,and torts to marital property,which is embedded in both the claims of the parties concerned and the reasoning of judges.Human rights have become the discourse and yardstick for understanding and evaluating social behavior.The widespread use of the term“human rights”in civil judicial documents reflects at least three concepts related to human rights:first,the rights to subsistence and development are the primary basic human rights;second,the judicial protection of human rights is a bottom-line guarantee;third,the protection of human rights aims to achieve equal rights.Today,judges quote the theory of human rights in judicial judgments from time to time,evidencing that human rights have a practical function in judicial adjudication activities,and in practice this is mainly manifested in declaring righteous values and strengthening arguments with the values and ideas related to human rights,using the provisions concerning human rights in the Constitution to interpret the constitutionality,and using the principles of human rights to interpret blurred rules and rank the importance of different rights.
文摘The Universal Declaration of Human Rights was the first common commitment of the international community to human rights. It demonstrated the belief and determination of humanity to maintain peace, democracy and human dignity. The process of formulating the Declaration was difficult. But in the spirit of cooperation,countries finally succeeded in reaching a consensus on human rights.The making of the Universal Declaration of Human Rights had great value and significance for promoting world peace and development,and it has had a far-reaching impact on the rule of law in international human rights and the development of the human rights legal systems in various countries. A re-examination and analysis of the process of formulating the Universal Declaration of Human Rights will help us understand the purposes and objectives of the Declaration and review the great value of the spirit of the Declaration to the world today.
文摘The "2018·China-Europe Seminar on Human Rights" was successfully held at the College of Europe in Bruges, Belgium, on June 28. The seminar was hosted by the China Society for Human Rights Studies and the International Institute of Human Rights, and was organized by the Human Rights Institute at the Southwest University of Political Science and Law and the French ADELIE Language and Cultural Exchange Association. The University of Strasbourg, Vrije Universiteit Brussel and European Institute for Political and Strategic Communication were served as co-organizers. Over 60 experts and scholars in the field of human rights from China and Europe attended the seminar in search of the diversity of civilization and human rights protection, focusing on themes such as "the philosophy of human rights in a Chinese context", "the philosophy of human rights in the Universal Declaration of Human Rights and its reflection", "human rights theory and practice in a pluralistic world", "human rights exchanges and dialogues under the diversity of civilization", and "in search of human rights consensus in diverse civilizations." In the context of respecting diversity, the seminar sought a consensus to promote trans-cultural communication in the form of dialogues and to strengthen understanding between the academic circles of China and Europe.
文摘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.
文摘The concept of human rights was put forward by european and american countries in modern times, which bears a strong european and american cultural influence? but human rights have since experienced a slow process of neutralization? During the drafting process of the universal Declaration of Human Rights from 1947 to 1948, the concept of human rights experienced the neutralization of multiculturalism, making it the Declaration a matrix accepted by various cultures, which thus laid a foundation of consensus for its continued expansion and wide adoption?
文摘Human dignity is the fundamental concept of the Universal Declaration of Human Rights and serves as the theoretical backbone for the international human rights system. Chinese culture has an excellent tradition of treasuring the dignity and value of people. The provisions on dignity in the Declaration can find their historical origins in traditional Chinese culture. The dignity of people has a supreme status and value in traditional Chinese culture. Chinese "etiquette" culture has a long tradition of respecting the dignity of people.Achieving benevolence through etiquette is the basic way to protect human dignity. Etiquette in ancient China was constrained by inequality and historical limitations, but it also had the elements of respecting or honoring others, and had the practical function of respecting, maintaining and achieving human dignity. The effective implementation of etiquette requires the fulfillment of people’s basic needs. Progressing from xiao kang(moderate prosperity) to da tong(great harmony) is the process of approaching the human rights standards of human dignity and equal rights that all nations and all peoples should strive to achieve.
文摘As early as the 18th century,Confucian liberalism of considering others in one s own place was integrated into the provisions of freedom of the Declaration of the Rights of Man and of the Citizen.In 1948,the Confucian idea of benevolence and other liberalism had an important influence on the drafting and content of the Universal Declaration of Human Rights.The fulcrum of Confucian liberalism is self-discipline based on benevolence.The code of conduct created by Confucianism of"What you do not want done to yourself,do not do to others"has the social effect of safeguarding people’s negative freedom;the code of conduct of"while establishing himself and pursuing success,also works to establish others and enable them to succeed as well"has the social effect of safeguarding people s positive freedom.Confucian liberalism is social-oriented,which adheres to the unity of everyone’s freedom with the freedom of others,and the idea that individual freedom lies in the overall freedom of the social community.It is based on the conscience(benevolence)of the way of considering others in one’s own place and the practical path from the obligation to rights and freedoms are prominent features of traditional Chinese culture.It is consistent with the Universal Declaration of Human Rights’provision that everyone has duties to the community,and is similar to Marx’s philosophy that"the free development of every human being is the condition of the free development of all human beings",and is a unique system of liberal discourse that is different from Western liberalism.
基金an initial achievement of the Doctoral and Cultivation Project of Social Science Planning of Chongqing in 2016(Project No.2016BS041)
文摘From December 10 to 11,2019,the State Council Information Office and the Ministry of Foreign Affairs jointly held the 2019 South-South Human Rights Forum in Beijing.Participants from more than 80 countries,regions and international organizations discussed and exchanged views on such topics as"the practices and experiences of human rights protection in the countries of the Global South","path of human rights development against the background of the diversity of civilizations","building a Community with a Shared Future for Human Beings and global human rights governance".Participants in the forum actively voiced their national human rights views,exchanged human rights development experiences,explored human rights development paths in developing countries,and reached broad consensus.In an international environment featuring the rise of unilateralism and hegemonism,the South-South Human Rights Forum issued a strong message of solidarity and cooperation among developing countries on human rights issues,and also conveyed to the world the firm determination of developing countries to jointly promote the healthy development of the world’s human rights cause.
文摘I.The History of the Drafting of the Universal Declaration of Human Rights:the Position and Role of the UN Economic and Social Council and the General Assembly of the United Nations should not be Ignored The reason for me to use the term "source"in the discussion on the right to subsistence
文摘There has been much discussion in the recent decade on the universality or particularity or relativism or on the relations between the universal values and standard systems and cultural diversity or pluralism. But most of the discussions are concentrated on the abstract or conceptual terms, with few touching upon international human fights standards. This is strange, because the disputes will never end and it is impossible to arrive at any conclusions of value if discussions only focus on the different concepts and systems of different countries or civilizations instead of on what has been universally accepted or at least on the international human rights treaties and the customary international human rights laws that are binding to the great number of state parties.
文摘Having proper sanitation and hygiene, access to affordable health care and enough food on the table are the basic conditions for a dignified life. This link between human dignity and the right to development was made very persuasively already in the White Paper on human rights, issued by the State Council of P.R.C. in 1991. The Declaration on the right to development can be considered the first successful joint action undertaken by Southern states in the area of human rights. The Declaration was based on Southern scholarship, such as the pioneering research conducted by the Senegalese jurist Kéba M’baye. And its adoption was the result of joint stage management performed by diplomats from different continents. Therefore the Declaration serves as a source of inspiration for the work of drafting a Comprehensive Southern Vision on human rights. The Vision document will lay out a common Southern outlook on human rights issues as an elaboration of the Universal Declaration.
文摘Introduction The Universal Declaration of Human Rights (UDHR or Declaration) adopted by the UN General Assembly is not a legally binding treaty per se. As early as the Drafting Committee was making out a draft, heated discussions and debates had been carried out for many times with regard to the nature of the UDHR. At last, the present form of UDHR was taken according to chairperson of the Commission on Human Rights Eleanor Roosevelt's view of pragmatism in order to provide moral guidance for UN Member States.
文摘In the example of formulating the Universal Declara-tion of Human Rights in 1948,which involved international human rights discourse,the“cross-cultural consensus”put forward based on Confucian culture by Zhang pengchun,the Chinese representative at that time,is widely considered an empirical reference for resolving confrontations and conflicts in the practice of human rights discourse.However,the effectiveness of this kind of cross-cultural consensus in addressing confrontations and conflicts is worth considering.Under the presumption of cultural differences,any attempt to resolve confrontations and conflicts in the human rights discourse must address the inherently controversial issues.the settlement of disputes and differences depends on how deep the consensus involves the values.Based on this,it reveals that the effectiveness of Zhang pengchun’s so-called contribution is limited.therefore,we should not overstate its relevance to the current human rights discourse.