Conceptions of Childhood and the Educational Rights of the Child

Formulations of children＇s rights rest on assumptions about the nature of childhood yet conceptions of childhood are not stable across time and space. Such conceptions can be understood as placing different emphases among three different factors： the child as subservient to parents and ancestors （Child 1）, as a young person requiring special protection and having characteristics distinct from adults （Child 2） and as a novice （Child 3）. Different social arrangements place relatively different emphases on these three factors in their overall conceptions of childhood. Adopting the distinction between Will and Interest rights （Archard 2002）, the paper considers how an emphasis on Child 1, 2 or 3 presupposes and demands a distinctive consideration of children＇s rights. The argument concludes with a reflection on how children＇s rights might be construed if the nature of adulthood is problematised alongside that of childhood. In this case, capabilities （as means to enable functionings） may prove a more fruitful concept than rights （as actual or possible existential conditions）.

Obligation-based Theory vs.Right-based Theory:Confrontation of Ideas Between Warrender and Strauss

There is a transition from the objective laws or moral orders that precede human will in classical natural law to the subjective demands or rights emanating from human will in modern natural law,and it represents a historical debate on the shift from an obligation-based theory to a right-based theory.Strauss,within the context of this transition across time,assesses Thomas Hobbes's philosophy of law and recognizes him as the founder of modern natural rights theory.Using Wesley Newcomb Hohfeld's analysis of jurisprudence,Howard Warrender assesses the privilege nature of Hobbes's concept of natural rights and concludes that,since Hohfeld's privilege is the opposite of obligation and related to no-right,obligations cannot be derived from natural rights.Therefore,Warrender argues that Strauss's assertion requires correction.However,Warrender places excessive emphasis on Hohfeld's static separation of the concept of privilege within his theoretical system,overlooking the dynamic transformation from privilege to claim rights.In this regard,Hobbesian scholar Carlan's criticism of Warrender is valid.Meanwhile,Warrender's research holds theoretical significance in that he,under the premise of being a part of Hobbes'natural law tradition,transforms Hohfeld's flat,two-party legal rights relationships into a three-party legal rights structure,which could represent a potential innovation in the 20^(th)century legal philosophy.

Summary of the 2018 Symposium on National Human Rights Education and Research

The 2018 Symposium on National Human Rights education and Research summarized the achievements in human rights education and research in china, in the past four decades of reform and opening-up, especially since the 18 th National congress of the communist Party of china The Meeting mainly concentrated on topics 'new era of human rights education and talents cultivation' and 'new era of human rights theory innovation and academic orientation' An overall outline of human rights education system have been constructed in china and details of the concepts from a macroscopic to a microcosmic perspective show the features of china’s human rights education and research institutions The discussion of academic topics has predicted the development trend of theories of china’s human rights in new era, and expanded relevant comparative research and empirical research.

The UN Convention on the Rights of Persons with Disabilities and China's Protection of the Right to Education of the Persons with Disabilities

The UN Convention on the Rights of Persons with Disabilities effective in 2008 explicitly stipulates that Member States shall guarantee that people with disabilities enjoy the right to education free from discrimination and without prejudice to equal opportunities.The Chinese government made amendments to the Law of the People s Republic of China on the Protection of Persons with disabilities and the Regulation on the Education of the Persons with Disabilities and issued a series of rules on the Education of the Persons with Disabilities so as to actively implement the Convention. In recent years,the number and proportion of children with disabilities who receive education in China and the number of students with disabilities receiving high school and higher education have been on the rise annually.However, there is still a gap in the level of education on all stages between persons with disabilities and persons without, presenting a huge challenge for the achievement of the right to education of persons with disabilities. We should continue to actively fulfill the obligations prescribed by the Convention to protect the right to education, explore the construction of integrated education, support the maintenance system,strive to improve the quality of special education,allocate resources for the education of persons with disabilities, and emphasize the appraisal of the education of persons with disabilities.

On the Principle of Consistency of Rights and Obligations in the Constitution of PRC

“The Fundamental Rights and obligations of Citizens”, the title of Chapter II of the current Constitution of PRC, and the stipulation that citizens must fulfill certain obligations while enjoying rights have triggered many debates. Considering the historical origin, constitutional philosophy, and the text and structure of the Constitution, the special provisions of the current Constitution are influenced by the principle of consistency of rights and obligations. The principle of consistency of rights and obligations in the Constitution is of complex connotation. Therefore, although the principle of consistency of rights and obligations effectively connects the public and private spheres, it ignores the diversity and differences of the interests and elements contained in the Constitution, the asymmetry of the normative status of fundamental rights and fundamental obligations,and the right of citizens to self-determination of personal interests.The principle of consistency of rights and obligations should be purposefully narrowed and concretized: In the context of public-private integration and risk society prevention, the principle of consistency of rights and obligations can be used as a supplement to the functional system of the Constitution;in the field of fundamental political obligations, the principle of consistency of rights and obligations should be in line with the requirements of the state to respect and protect human rights;in the field of fundamental social obligations, the exercise of fundamental rights by individuals is protected by the Constitution as long as they comply with the law and do not infringe upon the interests of the social community. The principle of the consistency of rights and obligations is only used as the negative constituents of the determination of rights and the basis for the effect against a third party of fundamental rights.

The Systematic,Fair and High-quality Development of the Right to Education in China

Since the release of the first human rights white paper in 1991,the development of the right to education has made remarkable achievements along with the economic miracle of China’s continuous growth and the promotion of education reform.At the regulation level,the right to education has been systematically guaranteed based on the type and phase of education.At the value level,rural areas,poverty-stricken areas,and vulnerable groups have been given preferential treatment to comprehensively improve the quality of their educational resources such as material and financial resources,teachers and curriculum,and digital education development and ensure fair and high-quality development of their right to education.In the future,equal emphasis on fairness and quality will be the value orientation for the development of the right to education,and the rule of law in education will be needed to further provide systematic and strong institutional guarantees for the right to fair and high-quality education.

A Retrospective and Prospective Look at Human Rights Education in Chinese Universities and Colleges——A Simultaneous Discussion of the Basic Effects of Human Rights Education on the Human Rights Development Environment

1. The Role of Human Rights Education in Promoting Human Rights Development 1. Human rights education shapes the soft environment for human rights development

Media and Human Rights Education——A Probe into the Possibility of News Coverage from the Viewpoint of the Human Rights Framework

At the present time, mass me- dia and new media play an important part in establish- ing and constructing a civil society. This paper will focus on educa- tional roles of the media and will probe the major experiences and challenges related to constructing news events with human rights as the framework.

Promoting the Common Development of Education and Protection of Environmental Rights

Environmental fights are im- portant fights that have been written into fundamental hu- man rights since the 1970s. With economic globalization and sci- entific and technological progress, it is more and more important to educate and protect environmental rights world- wide. As a large developing country, China has significant responsibilities in the field of global environmental safety. However, the awareness and status of environmental rights protection are still not suited to people＇s demands for environmental rights, making it an important task to carry out scientific planning and environmental rights edu- cation and improve citizens＇ enjoyment of environmental rights. We propose to start from defining the constitutional status of environmental rights and pro- mote the education and protection of environmental rights at the same time, so as to enhance mutual influence and contribute to creating a good environ- ment for mankind.

On the Rule of Law Path for Inclusive Education to Empower Education Assistance for Persons with Disabilities

Inclusive education is the mainstream of developing education for persons with disabilities worldwide.It advocates the recognition and protection of the right of persons with disabilities to receive inclusive education in mainstream schools.From the perspective of inclusive education,the educational assistance system for persons with disabilities represents a theoretical innovation in traditional educational support methods,playing a crucial role in integrating persons with disabilities into society,reversing their disadvantaged status,and maintaining educational equity.At present,China's legal system for inclusive education assistance for persons with disabilities needs improvement,and faces several obstacles,including conceptual“limited capacity”,“monotonous”subjects,“crowding-out”obstacles and supervision“absence”obstacles.It is urgent to begin with the transformation of the rule of law concept,clarify the legal positioning of multiple responsibility subjects,achieve mutual reinforcement of education law and education aid legislation,establish a supervision system for inclusive education assistance,and improve the legal framework for educational assistance for persons with disabilities.This will ensure that persons with disabilities can successfully realize their right to education,share in the benefits of social development,and ultimately contribute to achieving common prosperity.

A Right, Not a Privilege： Gayatri Chakravorty Spivak＇s An Aesthetic Education in the Era of Globalization

Gayatri Spivak proposes that providing all citizens throughout the Middle East and North Africa with an aesthetic education will enhance the quality of life for all people of the region, especially women. She argues that an education in the humanities is vital for improving the environment, the political climate, the economy, and for increasing global justice.

The Relationship between Human Rights and Development——A Brief Analysis of the Perspectives of Chinese Scholars and the Practice of Chinese Government

With the change and development of the concept of human rights, the thinking about the relationship between human rights and development is becoming more and more deeply. Under this background, the author profoundly realizes that both recognizing the economic development as the first priority like some developing countries do and considering the human rights to be the most important thing as most developed countries do are unilateral and harmful to the social progress. Human rights and development are interdependent and mutually promoting each other. This paper introduces the three main viewpoints of the relationship between human rights and development. Based on the changes of the attitudes of the UN and China to the relationship between human rights and development, this paper holds that though it is a great progress for the Chinese government to understand that human rights and development are interdependent, there are still lots of difficulties in realizing their mutually benefiting relationship in reality. These difficulties are due to the lack of professionals who enjoy good understandings of the rules for social development and are capable of practicing human rights theories. Therefore, the authors suggest that the promotion of human rights education is instrumental to the development and progress of human society.

Extraterritorial Application of International Human Rights Conventions——From the Perspective of States Regulating the Extraterritorial Human Rights Obligations of Transnational Corporations

The extraterritorial application of international human rights conventions is the legal basis for states to regulate the extraterritorial human rights obligations of transnational corporations.In recent years,it has been increasingly challenged by the new trend of the United Nations governing the human rights responsibilities of transnational corporations.A study of existing international rules and practices shows that the extraterritorial application of international human rights conventions depends on the extraterritorial jurisdiction of the States Parties,which mainly includes the actual control over extraterritorial territories and individuals as well as the execution of authority outside the territories.In view of the above,if human rights violations by individuals or transnational corporations occur in areas outside their home territories or are authorized and orchestrated by the home state,the home state shall bear the corresponding human rights responsibilities.Given the restrictive scope of the abovementioned extraterritorial application of international human rights conventions,the international cooperation obligation and the"do no harm"principle may become a new legal basis for states to fulfill their extraterritorial human rights obligations in the future,thereby expanding the basis for the extraterritorial application of international human rights conventions to deal with more serious issues of human rights violations by transnational corporations.However,on the whole,the current identification and codification of states regulating the extraterritorial human rights obligations of transnational corporations should respect the existing rules of international human rights law and should not add any new human rights obligations on states.

Human Rights Education in the Perspective of International Human Rights Law

In a statement issued on the 2004 World Human Rights Day, Ms. Louse Arbour, United Nations High Commissioner for Human Rights, described human rights education as a strategy for attainment of ＂human rights for all,＂ as a basic means for developing a universal culture of human rights, as an instrument for promoting equality and involvement of the people in decision-making under democratic mechanisms, and as an investment to prevent infringements upon human fights and to ward off conflicts of violence. It should be noted that so much importance attached by UN human rights organ to human rights education epitomizes the empowering characters of human rights education and the functions it performs in the global human rights system.

The“Erga Omnes”of the Protection of Fundamental Human Rights and the“Complementary Protection”of Refugees Not Prescribed by the UN Convention Relating to the Status of Refugees

The United Nations Convention Relating to the Status of Refugees 1951 and its Protocol in 1967 set Four Essentials to limit the definition of "refugee". The concept of complementary protection emerged in academia and practice for those who, though they do not have the essentials,are in need of protection. Complementary protection is considered not only a moral obligation, but also a legal obligation. Although as the result of developing the principle of "non-refoulement" in international law, "complementary protection" should be limited when economic and social rights are concerned. The development of the non-refoulement principle and the emergence of "complementary protection" are based on the Erga Omnes of human rights. The International Court of Justice has restricted the emergence and evolvement of obligations Erga Omnes within the scope of obligations concerning fundamental and non-derogable human rights, and therefore,the application of "complementary protection" in protecting economic and social rights has been limited. Only when the unbalance of economic and social rights has been serious enough to impact other fundamental human rights will the obligation of "complementary protection" ensue.

Human Rights Education from the Perspective of the Holistic Development of the Children

Human rights education for primary and secondary school students is of great significance to their holistic development.At present,human rights education is actively carried out in China’s primary and secondary schools.Such human rights education includes classroom teaching based on the Ethics and the Rule of Law series of textbooks as well as developing hu man rights culture in campuses and educating students in human rights practices.Human rights education in primary and secondary schools has achieved certain results,but is as yet inade quate.In order to further improve human rights education for children,we should integrate hu man rights education with traditional Chinese culture,make better use of information technology and modem concepts of education and build a comprehensive and deep-seated human rights educa tion system.

Guarantee of Individualized Education Right for Children with Disabilities in China: A Study on the Compulsory Education Stage

The Regulation on the Education of Persons with Disabilities, which came into effect in 2017, stipulates for the first time disabled children’s right to individualized education, clarifies the subjects who determine and influence the individualized education that disabled children receive, and determines the procedures for disabled children to receive individualized education. However, compared to the subjects that determine disabled children’s right to individualized education and procedural provisions as stipulated in the U.S. laws such as the Individuals with Disabilities Education Act of 1990, the Regulation on the Education of Persons with Disabilities in China has some problems, including inadequate participation of disabled children and their parents and incomplete relief settlement mechanism. China should further improve the legal provisions relating to disabled children’s right to individualized education, and safeguard the right of participation and the right to relief of disabled children and their parents.

The Practice of Elementary Education Right Protection Proposed in International Human Rights Conventions in China——From the Perspective of the Compulsory Education of Migrant Children

The right to education is a basic human right China has actively implemented the international treaties on the right of migrant children to elementary education and provided institutional support to ensure the implementation of elementary education policy In practice,however,due to factors such as regional differences and fiscal capacity,the problems of equal treatment and a balanced distribution of educational resources remain to be addressed In this regard,this paper suggests solving the problems from the perspectives of enhancing the implementation of international treaties,increasing compulsory education resources,improving the quality of education,and adjusting policies

New Developments and Challenges in the UN Norms on Human Rights Responsibilities of Transnational Corporations

With the adoption of the"Legally Binding Instrument to Regulate,in International Human Rights Law,the Activities of Transnational Corporations and other Business Enterprises"and its revised draft,the codification of the human rights responsibilities of transnational corporations has entered a new era The instrument aims to supplement the shortcomings of transnational corporations in fulfilling their human rights responsibilities by strengthening the obligations of states and to improve the host country’s inadequate remedies for human rights violations by establishing extraterritorial human rights jurisdiction of home countries But the instrument has encountered various challenges because the human rights obligations and legal responsibilities of states go beyond the current domestic human rights systems and impact the existing theories and practices of international human rights law In order to resolve the differences among countries,the future codification of the instrument should be based on existing domestic and international legal systems and practices striking a balance between the interests of developing and developed countries,taking into account the objectives of both the fair treatment of transnational corporations and human rights protection,to promote the regulatory effect of the human rights responsibilities of transnational corporations.