Within the international human rights circle,Abduliahi AhmedAn-Na’im is regarded as a representative of Southern voices."Under such a circumstance that the confrontation between the West and non-Western countrie...Within the international human rights circle,Abduliahi AhmedAn-Na’im is regarded as a representative of Southern voices."Under such a circumstance that the confrontation between the West and non-Western countries on human rights has become a routine reality,An-Na’im advocates a contingent universality of human rights or"contingent universality of human rights,"and insists that the universality of human rights be based on the cultural legitimacy of human rights.While he sees the internal dialogue of human rights in all non-Western countries,including Islamic ones,as a basic way to ensure the international human rights standards be accepted gradually,he also believes the cross-cultural dialogue among different societies can eventually lead to the reconstruction of the legitimacy of international human rights standards or even the standards themselves.An-Na’im’s theory of moderate cultural relativism points a way to achieve universality of human rights for developing countries,but there are a few questions that need to be further addressed.展开更多
This paper analyses the status quo of migrant workers' lack of cultural rights and interests as follows:the holistic cultural life of migrant workers is scant and monotonous;the cultural facilities provided by the...This paper analyses the status quo of migrant workers' lack of cultural rights and interests as follows:the holistic cultural life of migrant workers is scant and monotonous;the cultural facilities provided by the majority of enterprises are critically short;the cultural life of migrant workers has the characteristic of closeness to some extent;the holistic cultural consuming capacity of migrant workers is very low,and they are not satisfied with their own cultural life.This paper puts forward the measures that the government should adopt to make up for the lack of migrant workers' cultural rights and interests as follows:first,it should eliminate discrimination in terms of system,and incorporate migrant workers' cultural rights and interests into the building scope of urban public culture;second,it should establish a variety of free public culture facilities,to adapt to the needs of migrant workers;third,it should formulate various kinds of laws and regulations,to effectively safeguard migrant workers' cultural rights and interests.展开更多
The rapid industrial growth amidst the resource-rich habitats of indigenous people results in an unprecedented and inescapable influence of the other. Most often, such interactions are exploitative for the indigenous ...The rapid industrial growth amidst the resource-rich habitats of indigenous people results in an unprecedented and inescapable influence of the other. Most often, such interactions are exploitative for the indigenous communities. Besides this, the development induced displacement escalate the fear of loss of "cultural practices" among the indigenous peoples. The "official" argument often confines to the fact that the people are displaced with better facilities to a place few kilometres away from the original habitat. Such an argument forces to establish harmony between development and the displaced and ignores cultural rights and customary boundaries. In such cases, indigenous peoples negotiate for the protection of cultural rights with the corporate establishments and statutory bodies using a variety of means. This idea is explored in the context of the resistance movement organized by the indigenous Kondhs of Niyamgiri region of Odisha, India.展开更多
The Whole-Process People’s Democracy has become an important proposition of the socialist modernization democratic theory with Chinese characteristics,and has important value for the development of the new form of hu...The Whole-Process People’s Democracy has become an important proposition of the socialist modernization democratic theory with Chinese characteristics,and has important value for the development of the new form of human civilization.The Whole-Process People’s Democracy is not only a“democracy”system,its focus is to achieve“people’s democracy”,its unique feature is to surpass“non process”democracy with the“Whole-Process”,and create a new governance path of a new form of human civilization.Of course,the emphasis of people’s democracy on the consciousness of people’s subjective participation in the whole process also puts forward corresponding requirements for the cultural quality construction of Chinese social citizens in the new era,so it is also of great significance to pay attention to the cultivation of citizens’public spirit.展开更多
The optional Protocol to the international covenant on economic, Social and cultural Right was adopted in 2008 and entered into force in 2013? During the five years after its entry into force, 23 States have ratified ...The optional Protocol to the international covenant on economic, Social and cultural Right was adopted in 2008 and entered into force in 2013? During the five years after its entry into force, 23 States have ratified the optional Protocol, and 23 individual communications have been submitted to the committee on economic,Social and cultural Rights? comparing with the acceptance of individual communication procedures under other core international human rights treaties, the record of ratification of the optional Protocol is not satisfactory? in its examination of individual communications,the committee on economic, Social and cultural Rights has made detailed reasoning, extensively referred to its previous general comments, and in case of violations found, suggested both specific and general remedies? in its practice of examining individual communications, the committee on economic, Social and cultural Rights needs to clarify and define the rights under the covenant and their corresponding obligations, while maintaining its nature and role as a supervisory body, without expanding its competence to an unacceptable extent?展开更多
The development of any country or society requires a cultural context. A cultural narrative influence the process of development by shaping people’s views and actions, and thus policy. This paper first discusses the ...The development of any country or society requires a cultural context. A cultural narrative influence the process of development by shaping people’s views and actions, and thus policy. This paper first discusses the importance of cultural narratives, and then analyzes the different cultural narratives on poverty reduction, development, right to development, and South-South Cooperation. It illustrates how cultural narratives significantly influence social justice development and reforms.展开更多
Marriage and family remain a universal and eternal subject of study. It covers law, ethics, sociology, psychology and even economics. Law and ethics play the most outstanding role in it. Family ethics and moral standa...Marriage and family remain a universal and eternal subject of study. It covers law, ethics, sociology, psychology and even economics. Law and ethics play the most outstanding role in it. Family ethics and moral standards constitute an important part of social ethical system while marriage and family constitute part of the legal system nearest to the life of the common people. Since the founding of New China, the Party and the State have paid full attention to the marriage and family system. Compared with other laws, the law about marriage and family was the first to be legislated. On May 1, 1950, New China’s first law, the 1950 version of Marriage Law, was promulgated. Commenting on the legal document, Chairman Mao Zedong had this to say: Marriage law concerns展开更多
A common folk can sue an official? This was hardly possible in the past in China where the old feudalistic tradition dies hard. But this is really possible today when the common people cannot only sue officials and al...A common folk can sue an official? This was hardly possible in the past in China where the old feudalistic tradition dies hard. But this is really possible today when the common people cannot only sue officials and also get compensation if they are wronged. State compensation system It would be inevitable for government functionaries to cause damages to some citizens, legal persons or other organizations in the course of their management of the society. That is why China has established a State compensation system to compensate for the damages to citizens, legal persons and other organizations caused by government functionaries in exercising their power.展开更多
1. Introduction Culture is a defining feature of an individual's identity. It embraces everything from the traditions, beliefs and values of an individual's family and community. It is also the language one speaks,...1. Introduction Culture is a defining feature of an individual's identity. It embraces everything from the traditions, beliefs and values of an individual's family and community. It is also the language one speaks, and place of worship. Culture is all of these elements and the way they connect to make up one's way of life. It is often the source for serf-definition, expression, and sense of group belonging.展开更多
Asia is an area filled with vigor and vitality and also conflicts, an area that "takes pride in its rich cultures, religions and diversity."More and more statesmen and scholars are watching closely the human rights ...Asia is an area filled with vigor and vitality and also conflicts, an area that "takes pride in its rich cultures, religions and diversity."More and more statesmen and scholars are watching closely the human rights conditions in the changing Asia. Asia is no longer a concept in its economic, cultural and geographical sense. It has become a regional community that has had an important impact on the human rights development in the world. In the 21 st century filled with challenges and hopes, people want to see not only an economically prosperous Asia but also an Asia community with increasing humanistic spirit and pursuit for constitutionalist values.展开更多
Human rights refer to the rights that should be enjoyed by anyone as human beings. However, human beings have not only the natural at- tributes, but also social attributes, including such high-level social at- tribute...Human rights refer to the rights that should be enjoyed by anyone as human beings. However, human beings have not only the natural at- tributes, but also social attributes, including such high-level social at- tributes as thinking capability and culture. The role of culture on hu- man beings can be seen in people's understandings on human rights connotation and human rights value. In fact, the different views on hu- man rights issue of various countries worldwide are linked with their dif- ferent cultures. We cannot change the differences of various countries in cultures, but we can learn about and understand the differences through cultural exchanges so as to enhance recognition on human rights issue.展开更多
No matter whether we consider it from the perspective of historical development or specific conditions of reality, the formation of the concept of human rights, especial- ly its process of playing the realistic role v...No matter whether we consider it from the perspective of historical development or specific conditions of reality, the formation of the concept of human rights, especial- ly its process of playing the realistic role via the concrete realization, has a direct and extremely close relationship with specific cultural values and historical heritages. Therefore, studies of human rights should not just remain at the abstract level of "from concept to concept." On the contrary, we should further promote the sound development of the cause of human rights via concretizing this kind of studies.展开更多
This paper explores the basic framework for cross-cultural dialogue on human rights. Such dialogue implicates differing understandings of the content of human rights as well as differing interpretation of the concept ...This paper explores the basic framework for cross-cultural dialogue on human rights. Such dialogue implicates differing understandings of the content of human rights as well as differing interpretation of the concept of human rights itself. The challenges confronting the universality of human rights arguably stem from people's fear of radical individualism, secular fundamentalism and political radicalism. While the universality of human rights should not be denied, cognizance must be taken as well of the gap between theory and practice during the realization of those rights and the selectivity pertaining to such realization. Dogmatism and uncompromising ideological stances is an obstacle to dialogues and cross-cultural exchanges on human rights.展开更多
From angles of administrative law and private law, the article analyzes relations between environmental right for citizens and the right to use environmental resources owned by company and enterprise and points out th...From angles of administrative law and private law, the article analyzes relations between environmental right for citizens and the right to use environmental resources owned by company and enterprise and points out three principles to balancing two relations: A principle of equal protection, a principle that general interest is superior to special interest as well as taking an account for special interest, in specific circumstances, for example, in the circumstance that clashes between environmental and economic interests can not be avoided, policy makers can put an emphasis on more important social interest according after considering weight of each interest. Finally, the article reaches a conclusion that China should establish system of environmental right for citizens from legislative and administrative levels so that a harmonious society can be constructed with guarantee.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
History has proved and will continue to prove that stigmatization is often the harbinger of tribal vendettas, religious persecution, wars of aggression, and even all disasters and unjust actions in the world The major...History has proved and will continue to prove that stigmatization is often the harbinger of tribal vendettas, religious persecution, wars of aggression, and even all disasters and unjust actions in the world The majority of devastating disasters experienced by mankind originate from stigmas While the COVID-19 pandemic rages across the globe, stigmatizing speeches based on ignorance and political agenda have created hatred and torn the anti-epidemic community apart Those speeches trample on dignity, values, conscience, and justice of human beings, and challenge international justice and the universal Declaration of Human rights The human rights culture serves as a critical force for mankind to overcome diseases, wars, terrorism, and disasters To achieve peace and security in the post-epidemic world, people need to constantly reflect on human dignity and values, and to rebuild and promote human rights culture based on these reflections.展开更多
基金funded by“Research on the Universality and Subjectivity of Human Rights”(Research Subject Grant No.14BFX141),a general project of the National Social Science Fund of China
文摘Within the international human rights circle,Abduliahi AhmedAn-Na’im is regarded as a representative of Southern voices."Under such a circumstance that the confrontation between the West and non-Western countries on human rights has become a routine reality,An-Na’im advocates a contingent universality of human rights or"contingent universality of human rights,"and insists that the universality of human rights be based on the cultural legitimacy of human rights.While he sees the internal dialogue of human rights in all non-Western countries,including Islamic ones,as a basic way to ensure the international human rights standards be accepted gradually,he also believes the cross-cultural dialogue among different societies can eventually lead to the reconstruction of the legitimacy of international human rights standards or even the standards themselves.An-Na’im’s theory of moderate cultural relativism points a way to achieve universality of human rights for developing countries,but there are a few questions that need to be further addressed.
文摘This paper analyses the status quo of migrant workers' lack of cultural rights and interests as follows:the holistic cultural life of migrant workers is scant and monotonous;the cultural facilities provided by the majority of enterprises are critically short;the cultural life of migrant workers has the characteristic of closeness to some extent;the holistic cultural consuming capacity of migrant workers is very low,and they are not satisfied with their own cultural life.This paper puts forward the measures that the government should adopt to make up for the lack of migrant workers' cultural rights and interests as follows:first,it should eliminate discrimination in terms of system,and incorporate migrant workers' cultural rights and interests into the building scope of urban public culture;second,it should establish a variety of free public culture facilities,to adapt to the needs of migrant workers;third,it should formulate various kinds of laws and regulations,to effectively safeguard migrant workers' cultural rights and interests.
文摘The rapid industrial growth amidst the resource-rich habitats of indigenous people results in an unprecedented and inescapable influence of the other. Most often, such interactions are exploitative for the indigenous communities. Besides this, the development induced displacement escalate the fear of loss of "cultural practices" among the indigenous peoples. The "official" argument often confines to the fact that the people are displaced with better facilities to a place few kilometres away from the original habitat. Such an argument forces to establish harmony between development and the displaced and ignores cultural rights and customary boundaries. In such cases, indigenous peoples negotiate for the protection of cultural rights with the corporate establishments and statutory bodies using a variety of means. This idea is explored in the context of the resistance movement organized by the indigenous Kondhs of Niyamgiri region of Odisha, India.
基金This paper is the phased research result of the project“The Centennial Exploration Process and Innovative Development of the Communist Party of China on the Marxist Concept of Problems”(Project No.:nkxj21110104)of the Tianjin Collaborative Innovation Center of Basic Principles of Marxism in 2021The phased research results of the topic“Research on Common Prosperity and the Promotion of Democratic Process in the New Era”(Project No.:2022xs-0068)of the Independent Innovation Fund(social influence project)of Tianjin University in 2022.
文摘The Whole-Process People’s Democracy has become an important proposition of the socialist modernization democratic theory with Chinese characteristics,and has important value for the development of the new form of human civilization.The Whole-Process People’s Democracy is not only a“democracy”system,its focus is to achieve“people’s democracy”,its unique feature is to surpass“non process”democracy with the“Whole-Process”,and create a new governance path of a new form of human civilization.Of course,the emphasis of people’s democracy on the consciousness of people’s subjective participation in the whole process also puts forward corresponding requirements for the cultural quality construction of Chinese social citizens in the new era,so it is also of great significance to pay attention to the cultivation of citizens’public spirit.
文摘The optional Protocol to the international covenant on economic, Social and cultural Right was adopted in 2008 and entered into force in 2013? During the five years after its entry into force, 23 States have ratified the optional Protocol, and 23 individual communications have been submitted to the committee on economic,Social and cultural Rights? comparing with the acceptance of individual communication procedures under other core international human rights treaties, the record of ratification of the optional Protocol is not satisfactory? in its examination of individual communications,the committee on economic, Social and cultural Rights has made detailed reasoning, extensively referred to its previous general comments, and in case of violations found, suggested both specific and general remedies? in its practice of examining individual communications, the committee on economic, Social and cultural Rights needs to clarify and define the rights under the covenant and their corresponding obligations, while maintaining its nature and role as a supervisory body, without expanding its competence to an unacceptable extent?
文摘The development of any country or society requires a cultural context. A cultural narrative influence the process of development by shaping people’s views and actions, and thus policy. This paper first discusses the importance of cultural narratives, and then analyzes the different cultural narratives on poverty reduction, development, right to development, and South-South Cooperation. It illustrates how cultural narratives significantly influence social justice development and reforms.
文摘Marriage and family remain a universal and eternal subject of study. It covers law, ethics, sociology, psychology and even economics. Law and ethics play the most outstanding role in it. Family ethics and moral standards constitute an important part of social ethical system while marriage and family constitute part of the legal system nearest to the life of the common people. Since the founding of New China, the Party and the State have paid full attention to the marriage and family system. Compared with other laws, the law about marriage and family was the first to be legislated. On May 1, 1950, New China’s first law, the 1950 version of Marriage Law, was promulgated. Commenting on the legal document, Chairman Mao Zedong had this to say: Marriage law concerns
文摘A common folk can sue an official? This was hardly possible in the past in China where the old feudalistic tradition dies hard. But this is really possible today when the common people cannot only sue officials and also get compensation if they are wronged. State compensation system It would be inevitable for government functionaries to cause damages to some citizens, legal persons or other organizations in the course of their management of the society. That is why China has established a State compensation system to compensate for the damages to citizens, legal persons and other organizations caused by government functionaries in exercising their power.
文摘1. Introduction Culture is a defining feature of an individual's identity. It embraces everything from the traditions, beliefs and values of an individual's family and community. It is also the language one speaks, and place of worship. Culture is all of these elements and the way they connect to make up one's way of life. It is often the source for serf-definition, expression, and sense of group belonging.
文摘Asia is an area filled with vigor and vitality and also conflicts, an area that "takes pride in its rich cultures, religions and diversity."More and more statesmen and scholars are watching closely the human rights conditions in the changing Asia. Asia is no longer a concept in its economic, cultural and geographical sense. It has become a regional community that has had an important impact on the human rights development in the world. In the 21 st century filled with challenges and hopes, people want to see not only an economically prosperous Asia but also an Asia community with increasing humanistic spirit and pursuit for constitutionalist values.
文摘Human rights refer to the rights that should be enjoyed by anyone as human beings. However, human beings have not only the natural at- tributes, but also social attributes, including such high-level social at- tributes as thinking capability and culture. The role of culture on hu- man beings can be seen in people's understandings on human rights connotation and human rights value. In fact, the different views on hu- man rights issue of various countries worldwide are linked with their dif- ferent cultures. We cannot change the differences of various countries in cultures, but we can learn about and understand the differences through cultural exchanges so as to enhance recognition on human rights issue.
文摘No matter whether we consider it from the perspective of historical development or specific conditions of reality, the formation of the concept of human rights, especial- ly its process of playing the realistic role via the concrete realization, has a direct and extremely close relationship with specific cultural values and historical heritages. Therefore, studies of human rights should not just remain at the abstract level of "from concept to concept." On the contrary, we should further promote the sound development of the cause of human rights via concretizing this kind of studies.
文摘This paper explores the basic framework for cross-cultural dialogue on human rights. Such dialogue implicates differing understandings of the content of human rights as well as differing interpretation of the concept of human rights itself. The challenges confronting the universality of human rights arguably stem from people's fear of radical individualism, secular fundamentalism and political radicalism. While the universality of human rights should not be denied, cognizance must be taken as well of the gap between theory and practice during the realization of those rights and the selectivity pertaining to such realization. Dogmatism and uncompromising ideological stances is an obstacle to dialogues and cross-cultural exchanges on human rights.
文摘From angles of administrative law and private law, the article analyzes relations between environmental right for citizens and the right to use environmental resources owned by company and enterprise and points out three principles to balancing two relations: A principle of equal protection, a principle that general interest is superior to special interest as well as taking an account for special interest, in specific circumstances, for example, in the circumstance that clashes between environmental and economic interests can not be avoided, policy makers can put an emphasis on more important social interest according after considering weight of each interest. Finally, the article reaches a conclusion that China should establish system of environmental right for citizens from legislative and administrative levels so that a harmonious society can be constructed with guarantee.
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.
文摘History has proved and will continue to prove that stigmatization is often the harbinger of tribal vendettas, religious persecution, wars of aggression, and even all disasters and unjust actions in the world The majority of devastating disasters experienced by mankind originate from stigmas While the COVID-19 pandemic rages across the globe, stigmatizing speeches based on ignorance and political agenda have created hatred and torn the anti-epidemic community apart Those speeches trample on dignity, values, conscience, and justice of human beings, and challenge international justice and the universal Declaration of Human rights The human rights culture serves as a critical force for mankind to overcome diseases, wars, terrorism, and disasters To achieve peace and security in the post-epidemic world, people need to constantly reflect on human dignity and values, and to rebuild and promote human rights culture based on these reflections.