The participation of women in legislation is an important aspect and means of safeguarding women’s rights.Feminist theory,based on criticism of both the“citizenship identity theory as rights”and the“citizenship id...The participation of women in legislation is an important aspect and means of safeguarding women’s rights.Feminist theory,based on criticism of both the“citizenship identity theory as rights”and the“citizenship identity theory as responsibilities,”proposes the“citizenship identity theory as subjectivity.”Observing the current practice of women’s participation in legislation in China,two institutional safeguard principles can be summarized:the“minimum proportion”and the“influence evaluation.”However,each of these principles has its inherent limitations.Therefore,it is necessary to supplement them with the principle of“subjective participation”in a reflective manner.This principle requires women to participate substantively in the legislative process as subjects,express women’s needs and demands,input women’s perspectives and experiences,and reconstruct the distribution of rights and responsibilities in the existing legislation.The three principles complement each other and work together to comprehensively constitute the institutional structure of women’s participation in legislation,thereby promoting the reproduction of corresponding action structures.展开更多
She clambers up a rock, reaches both hands onto comers of the shabby cement wall and heaves herself up, being careful not to catch her school bag on the protruding bricks. She straddles the top and then jumps gingerly...She clambers up a rock, reaches both hands onto comers of the shabby cement wall and heaves herself up, being careful not to catch her school bag on the protruding bricks. She straddles the top and then jumps gingerly down onto the pebbled ground beside the railway line.展开更多
Amendment VIII to the Criminal Law of the PRC, which went into effect on hMay 1, 2011, is not only in line with the basic spirit of the Universal Declaration of Human Rights and relevant international human rights t...Amendment VIII to the Criminal Law of the PRC, which went into effect on hMay 1, 2011, is not only in line with the basic spirit of the Universal Declaration of Human Rights and relevant international human rights treaties, but also is related to the priority area of the Program for The Development of Chinese Children （2011- 2020）. Thus, it helps to safeguard the rights of juveniles and strengthens criminal law protection of their rights and interests. In consideration of the weak position of juveniles and the criminal law means of protecting their rights and interests,展开更多
The room is in utter chaos, with chairs piling up in a comer and the cable TV not connected to the power source. But one thing is put in place： a slogan on the wall ＂Creating an outstanding WFQ team for the benefit ...The room is in utter chaos, with chairs piling up in a comer and the cable TV not connected to the power source. But one thing is put in place： a slogan on the wall ＂Creating an outstanding WFQ team for the benefit of all women and children.＂展开更多
The State Council of China is- sued the National Program on the Development of Children （2011-2020） on July 30,2011,outlining new targets and new measures by the government in promoting under- takings concerning chi...The State Council of China is- sued the National Program on the Development of Children （2011-2020） on July 30,2011,outlining new targets and new measures by the government in promoting under- takings concerning children. The new program marks the start of a new era of children＇s rights protection in China.展开更多
Rights-based approach to journalism aims to enable media to pursue the violations of rights by reporting them as news and, in this way, to preserve and ameliorate the rights as well as to contribute democratization. R...Rights-based approach to journalism aims to enable media to pursue the violations of rights by reporting them as news and, in this way, to preserve and ameliorate the rights as well as to contribute democratization. Rights-based approach to journalism in Turkey is a pretty new field of study for the researchers who study media. The examples of rights-based journalism appeared further especially in European Union membership process. Thus, the news that are sensitive to rights have found a broader place in media. In the process of E.U. membership, Turkey was required to carry out some regulations that target the betterment of human rights, women＇s rights, children＇s rights and minority rights. Making news from a rights-based perspective is an action for the announcement of people＇s struggle for their rights to the public with the aim of preventing the violations of rights.展开更多
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 ...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）.展开更多
The community is both a learning and living environment that significantly influences the physical and mental development of the children,as well as an important arena for realizing children’s rights.However,the deve...The community is both a learning and living environment that significantly influences the physical and mental development of the children,as well as an important arena for realizing children’s rights.However,the development of urban communities in China is not particularly child-friendly,causing children to abandon or misuse the communal environment.Creating a child-friendly environment in urban communities requires the adoption of three basic approaches,i.e.a shift from the"adult’s perspective"to the"child’s perspective",a shift from a simplistic focus on the"hardware"of the environment to a dual focus that balances both"hardware"and"software",as well as a shift from providing an environment to man aging and guiding the use of the environment.Specific technical indicators for developing child-friendly environments in urban communities,which based on these three approaches,should be designed.展开更多
“The best interests of the child”is an essential principle of the Convention on the Rights of the Child.Due to the abstractness and ambiguity of this principle,its application is inevitably subject to the judge’s p...“The best interests of the child”is an essential principle of the Convention on the Rights of the Child.Due to the abstractness and ambiguity of this principle,its application is inevitably subject to the judge’s personality.Through empirical analysis,we can find that the judicial documents invoking the principle of“the best interests of the child”by Chinese courts show a significant increase in the number of disputes,types of disputes,and pronounced regional characteristics.The application of this principle by the courts is highly consistent with the judicial interpretative documents issued by the Supreme People’s Court.The invocation of this principle plays the role of interpreting the provisions of the law,the value basis for discretion,and the value orientation for shaping new rules in adjudication.At the same time,it is plagued by a lack of guidelines for the application of principles,invocations that serve the will of judges,and imperfect thinking in weighing the various factors involved.The application of this principle should be improved by setting normative standards for the principle of“the best interests of the child”,increasing case guidance for invoking the principle,and enhancing the professionalism of judges.展开更多
基金a phased project of the “Research on the Principles of Argumentation of Ratio Legis (Reasons) in Local Legislation” (Project Approval Number 2023EFX002)a Youth Project of Shanghai Philosophy and Social Science Planning in 2023。
文摘The participation of women in legislation is an important aspect and means of safeguarding women’s rights.Feminist theory,based on criticism of both the“citizenship identity theory as rights”and the“citizenship identity theory as responsibilities,”proposes the“citizenship identity theory as subjectivity.”Observing the current practice of women’s participation in legislation in China,two institutional safeguard principles can be summarized:the“minimum proportion”and the“influence evaluation.”However,each of these principles has its inherent limitations.Therefore,it is necessary to supplement them with the principle of“subjective participation”in a reflective manner.This principle requires women to participate substantively in the legislative process as subjects,express women’s needs and demands,input women’s perspectives and experiences,and reconstruct the distribution of rights and responsibilities in the existing legislation.The three principles complement each other and work together to comprehensively constitute the institutional structure of women’s participation in legislation,thereby promoting the reproduction of corresponding action structures.
文摘She clambers up a rock, reaches both hands onto comers of the shabby cement wall and heaves herself up, being careful not to catch her school bag on the protruding bricks. She straddles the top and then jumps gingerly down onto the pebbled ground beside the railway line.
文摘Amendment VIII to the Criminal Law of the PRC, which went into effect on hMay 1, 2011, is not only in line with the basic spirit of the Universal Declaration of Human Rights and relevant international human rights treaties, but also is related to the priority area of the Program for The Development of Chinese Children （2011- 2020）. Thus, it helps to safeguard the rights of juveniles and strengthens criminal law protection of their rights and interests. In consideration of the weak position of juveniles and the criminal law means of protecting their rights and interests,
文摘The room is in utter chaos, with chairs piling up in a comer and the cable TV not connected to the power source. But one thing is put in place： a slogan on the wall ＂Creating an outstanding WFQ team for the benefit of all women and children.＂
文摘The State Council of China is- sued the National Program on the Development of Children （2011-2020） on July 30,2011,outlining new targets and new measures by the government in promoting under- takings concerning children. The new program marks the start of a new era of children＇s rights protection in China.
文摘Rights-based approach to journalism aims to enable media to pursue the violations of rights by reporting them as news and, in this way, to preserve and ameliorate the rights as well as to contribute democratization. Rights-based approach to journalism in Turkey is a pretty new field of study for the researchers who study media. The examples of rights-based journalism appeared further especially in European Union membership process. Thus, the news that are sensitive to rights have found a broader place in media. In the process of E.U. membership, Turkey was required to carry out some regulations that target the betterment of human rights, women＇s rights, children＇s rights and minority rights. Making news from a rights-based perspective is an action for the announcement of people＇s struggle for their rights to the public with the aim of preventing the violations of rights.
文摘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）.
文摘The community is both a learning and living environment that significantly influences the physical and mental development of the children,as well as an important arena for realizing children’s rights.However,the development of urban communities in China is not particularly child-friendly,causing children to abandon or misuse the communal environment.Creating a child-friendly environment in urban communities requires the adoption of three basic approaches,i.e.a shift from the"adult’s perspective"to the"child’s perspective",a shift from a simplistic focus on the"hardware"of the environment to a dual focus that balances both"hardware"and"software",as well as a shift from providing an environment to man aging and guiding the use of the environment.Specific technical indicators for developing child-friendly environments in urban communities,which based on these three approaches,should be designed.
基金a phased result of the research project“Studies on the Relationship Between the Constitution and International Law”(18BFX034)backed by the National Social Science Fund of China
文摘“The best interests of the child”is an essential principle of the Convention on the Rights of the Child.Due to the abstractness and ambiguity of this principle,its application is inevitably subject to the judge’s personality.Through empirical analysis,we can find that the judicial documents invoking the principle of“the best interests of the child”by Chinese courts show a significant increase in the number of disputes,types of disputes,and pronounced regional characteristics.The application of this principle by the courts is highly consistent with the judicial interpretative documents issued by the Supreme People’s Court.The invocation of this principle plays the role of interpreting the provisions of the law,the value basis for discretion,and the value orientation for shaping new rules in adjudication.At the same time,it is plagued by a lack of guidelines for the application of principles,invocations that serve the will of judges,and imperfect thinking in weighing the various factors involved.The application of this principle should be improved by setting normative standards for the principle of“the best interests of the child”,increasing case guidance for invoking the principle,and enhancing the professionalism of judges.
