On the Commonness of “UN Core Human Rights Conventions”

As a main component of international human rights documents, the United Nations core human rights conventions show obvious formal and substance commonalities. The formal commonalities consist in their being adopted by UN General Assembly and their similarity in structure, subjects and systems. Their commonalities in substance include the similarity of contents, the homogeneity of the procedural mechanisms and the complementary nature of their normative interpretation. The commonalities among the UN’s core human rights treaties is the inevitable requirement of the universality and wholeness of human rights.

Protection of Women's Rights Means Human Rights Protection——Marking the 30th anniversary of the Convention on the Elimination of All Forms of Discrimination against Women

On December 18, 1979, the 34th General Assembly of the United Nations adopted the Convention on the Elimination of All Forms of Discrimination against Women with an overwhelming majority of the votes in its favor. Over the past 30 years, the Convention has come to be known by increasing numbers of governments and people, particularly women＇s organizations. It has played an increasingly great role in protecting women＇s rights and enhancing women＇s status in society.

Predicaments and Countermeasures of the Protection of Migrant Workers' Human Rights——From the Perspective of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

International migration mainly happens between the North and the South Mig rant workers have made important contributions to the inclusive growth and sustainable development of world economy, but their human rights are often violated In recent years, frequent extreme terrorists attacks and large-scale refugee influxes have triggered anti-for eign sentiment and policies in developed countries, which expose migrant workers to an unprecedented human rights crisis The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an important convention adopted by the United Nations that specially protects human rights of migrant workers However, as the convention has not been ratified by major developed countries where most migrant workers seek employment, the protection regime has an empty shell Developing countries where most migrant workers originate from should strengthen cooperation among themselves and urge developed countries to fulfill the duty of human rights protection by normalizing the status of migrant workers and that of members of their families in employment countries and ratifying the convention as soon as possible.

Vaccination Obligation from the Perspective of the European Court of Human Rights——Taking the Case of Varif et al.v. Czech Republic as an Example

The case of Varif et al.v. Czech Republic concerned whether Czech legislation that imposed a moratorium on school attendance and a fine as a punitive mechanism for non-vaccination violates the European Convention on Human Rights by forcing children to receive routine vaccinations. In the ruling, the European Court of Human Rights reiterated that the choice of public health measures falls within the discretion of member states. Meanwhile, to limit the infringement of individual interests to what is necessary and reasonable, the European Court of Human Rights clarified the criteria for human rights protection for compulsory routine vaccination: It should have a legal basis, a lawful aim, and be in line with the “needs of a democratic society.” Accordingly, the European Court of Human Rights held that the legal provisions involved in the case did not violate the European Convention on Human Rights. As the first response of the European Court of Human Rights to compulsory vaccination, the case of Varif et al.v. Czech Republic strengthens the influence of the law of the European Union in the field of public health by upholding the discretion of member states. Besides, although the case involves only routine vaccination, the human rights protection criteria clarified in it can be taken as a reference for introducing vaccination measures against COVID-19 in the context of the global pandemic.

International Human Rights Conventions in China——An interview with Research Fellow Mo Jihong of the Chinese Academy of Social Sciences

On the advent of the ＂International Human Rights Day＂ on Dec. 10, 2007, our staff reporter Interviewed Research Fellow Mo Jihong of the Chinese Academy of Social Sciences on how the international human rights conventions are implemented in China. Born in May 1965, Mo Jihong is a native of Jingjiang, Jiangsu Province. He is a research fellow at the Law Institute of the Chinese Academy of Social sciences and a tutor for Ph.D candidates in the International Human Rights Law. He also serves as an executive member of the Society for International Constitution Studies and vice-president of the Constitution Chapter of the China Society of Law. He was a visiting scholar at the Human Rights Institute of Norway, and the Raoul Wallenberg Institute of Human Rights and Humanitarian Law. His principal works include International Human Rights Convention and China （2005）, Principles of Constitutional Sciences in Practice （2007） and In Defense of Legislation （2007）. He was elected as one of the ten most outstanding young jurists in China. The following is the full text of the interview：

Challenges and New Directions of Information Accessibility for Persons with Disabilities in China: From the Perspective of the Convention on the Rights of Persons with Disabilities

Accessibility is the basis and prerequisite for persons with disabilities to enjoy and exercise all human rights and fundamental freedoms With the rapid development of the internet, providing and promoting information accessibility is considered an important obligation for the State In the process of transforming international human rights law into domestic law, how to deal with the human rights protection of persons with disabilities and the obligations of the private sector to ensure persons with disabilities receive services and products that meet the requirements and principles of information accessibility has become a development issue in the new era Against the backdrop of the Convention on the Rights of Persons with Disabilities and in the context of the booming development of the cause of persons with disabilities in China, legal scholars, persons with disabilities, and organizations have jointly proposed the Beijing Initiative on the Principles of Information Accessibility for Science and Technology Products It clarifies that the private sector should embrace the human rights model advocated by the Convention in terms of information accessibility, and provide equal participation for persons with disabilities in the process of designing, producing and selling scientific and technological products The Initiative also states that the private sector should keep pace with the United Nation’s sustainable development goals and the basic national policy of building a well-to-do society in an all round way, ensuring persons with disabilities are included within a moderately well-off society It also provides civil opinions on the formulation and clarification of relevant laws in the future.

The Constitutional Analysis of Human Rights Legislative Protection

The paths for applying the international human rights conventions in China should be recognized as follows: On the premise of respecting the Constitution of China, systematic human rights which could coordinate the relationship between the Constitution of China and international human rights conventions. The source of the human rights legislation obligations of the legislative organs of China is the Constitution of China, not the international human rights conventions. The legislature should understand and grasp the main contents of the human rights legislation obligations of the legislature according to Paragraph 3 of Article 33 of the Constitution while the interpretation of this clause must be based on the relevant provisions of the international human rights conventions. Human rights legislative obligations of the legislature can be classified into two types: legislative protecting obligations and legislative relief obligations of human rights. The NPC and its Standing Committee should be structurally responsible for the human rights legislation obligation, and the State Council and other organs of the State not for the legislation protection of human rights. A special human rights law should be enacted by the NPC.

The Development of Legal Protection of Women's Human Rights in China

The legal confirmation process of women’s human rights has been undergoing great difficulties both in the United Nations and among nations. The Fourth World Conference on Women plays a role in promoting the legal protection of women’s human rights. Currently, the protection of women’s human rights has undoubtedly become the consensus of both international and domestic law. International conventions on human rights have become an important launching area for promoting international law on women’s human rights, owing to its legal binding force and supervising mechanism established under it. Domestic law has also become the first line of defense for protecting women’s human rights. However, it needs to be pointed out that, for international conventions on human rights and domestic legislation, the cognition and acceptance of social gender conception has not only promoted changes on forms, but, more importantly, on revolution at substantial level.

The Background and Core Conception of the Convention on the Rights of Persons with Disabilities: A Review

The convention on the Rights of Persons with Disabilities came into force on May 3, 2008? Reviewing the social background of the drafting of the convention and reinterpreting its basic concepts and core provisions are of positive significance for the more comprehensive implementation of the convention in china’s domestic law and the advancement of the rights protection of persons with disabilities in china? The preamble of the convention on the Rights of Persons with Disabilities clearly confirms the value and foundation of the rights of persons with disabilities and establishes the guiding ideology and basic principles for the protection of the rights of persons with disabilities? china has actively implemented the convention through legislative, administrative measures and other appropriate measures in accordance with the requirements of the convention? in recent years, it has actively promoted the judicial protection of persons with disabilities by strengthening legal aid for persons with disabilities and strengthening judicial responsibility for handling cases of persons with disabilities?

The “Transcendental” Interpretation of the Concept of a Community with a Shared Future for Mankind: The Convention on the Rights of Persons with Disabilities and Its Implementation in China

The concept of a Community with a Shared Future for Mankind provides new theoretical support for the special protection of the rights of persons with disabilities. The Convention on the Rights of Persons with Disabilities is innovative in terms of its purposes and principles, logic and technology, and the actual implementation of the contracting parties, which is unique in the field of international human rights law. It is a "transcendental" interpretation of the concept of a community with a shared future for mankind and enhances the ethical values of international human rights law. The development of the cause of persons with disabilities in China is positively influenced by the values reflected in the concept of a community of shared Future for mankind and meanwhile highlights them, which provides "Chinese experiences" for the international cause of persons with disabilities.

The Formulation of Convention on the Rights of Older Persons:The Process and Prospects

Since its establishment,the United nations open-ended Working group on aging has shouldered the historical mission of exploring the“possibilities”and even laying the“foundation”for a Convention on the Rights of older Persons.Although the formulation of a convention on the protection of the rights of older persons has been widely supported by the general public and many countries,it still faces many problems.China should adhere to the combination of“human rights”and“development”and adjust its policies to adapt to the new changes in related fields.With successful case studies,concise expression of rights,and regional contracting practice,China could participate more fully in the reform of the international mechanism for the protection of the rights of older persons to improve the voice in future international human rights governance and make greater contributions to the protection of the rights of older persons worldwide.

Second National Convention on University Human Rights Education Held in Beijing

The Second China Convention on Human Rights Education in Universities was held on November 6-8 in Beijing. It was jointly sponsored by the Human Rights and Humanitarian Law Institute of the China University of Political Science and Law, the Norwegian Center for Human Rights at the University of Oslo, Norway, the Danish Institute for Human Rights and the Raoul Wallenberg Institute of Human Rights and Humanitarian Law at Lund University, Sweden. More than 90 researchers, scholars and human rights teachers of universities from China and other countries attended.

The Convention on the Elimination of All Forms of Discrimination against Women and China's Actions

Aimed at eliminating all forms discrimination against women, ensuring human rights and fundamental freedoms for women in all fields and realizing de-facto equality between men and women, the Convention on the Elimination of All Forms of Discrimination Against Women adopted by the U.N. General Assembly is a most significant and most comprehensive legal document concerning the protection of human rights of women, which is called "The Charter of the Human Rights of Women." This thesis reviews the achievements and problems in the fulfillment by the Chinese government of obligations under the Convention after signing and ratifying it; and also puts forward some feasible approaches for improvement thereof.

再论受教育权——基于“理由束”方法论的分析视角

对于“何为受教育权”这一问题,既有的受教育权方法论并未提供有效的应答策略。描述性方法论界定的受教育权概念缺少区分性和普遍性特征,评价性方法论因无力解决并不稳定的教育价值立场问题而使得受教育权概念陷入正当性“陷阱”。对此,在理由论的基础上,受教育权可被视为依附于一束理由的“要求”。在该“理由束”中,结合欧洲人权法院相关判决,受教育者的自我实现是初级内在理由,平等接受教育为次级内在理由,而包括国家干预在内的其他理由则构成外在理由;受教育权的初级和次级内在理由属于立法范畴的理由,又因无法在立法上穷尽外在理由,所以外在理由被分配至司法范畴。

欧盟推动“禁止强迫劳动产品”立法:规范冲突与现实挑战

欧盟推动“禁止强迫劳动产品”立法,将对国际经贸环境包括我国国际经贸活动产生深远影响。欧盟相关文件和立法提案,实质是“工商业与人权”规范的欧盟版,具有区域法治规范效果外溢化和人权规则工具化的双重意涵。在制定和实施上述法规时,欧盟应当信守国际法基本原则,尊重联合国相关倡议的宗旨和精神,履行WTO关于发达成员不实施贸易壁垒的义务。在实践层面,欧盟新法规将提高发展中国家进入欧盟市场和全球供应链的成本,恶化发展中国家的外贸和就业环境,最终损害发展中国家劳工利益。对此,可采取以下对策:加强与欧盟沟通,要求欧盟克制贸易保护主义倾向,避免将人权法规工具化;主动对标高标准国际经贸规则、促进深层次改革,持续扩大法治保障下的高水平开放;加强对企业的合规指导,引导企业增强国际竞争力;针对欧盟相关法规及其实施造成的潜在不利影响,做好务实管用的预案,以预防风险。

规制仇恨言论的国际法规则与实践

许多国家都存在仇恨言论这一丑恶现象。尽管对于仇恨言论的概念并不存在普遍接受的定义,但国际社会一直高度重视对仇恨言论的规制,提供了若干规则,形成了相应实践。规制仇恨言论的国际法依据可分为四类,即限制表达自由的规则、禁止滥用权利的规则、禁止仇恨言论的规则和规定仇恨言论为国际罪行的规则。普遍性和区域性人权机构以及国际刑事司法机构适用这些规则,在规制仇恨言论方面形成了丰富的案例,且规则适用的重点均落脚于如何平衡对表达自由的保障和对仇恨言论的规制。规制仇恨言论的国内法律规则和实践与国际法律规则和实践相互影响,研究国际相关法律规则和实践对于理解各国相关法律规则和实践、形成规制仇恨言论的国际共识和标准具有重要意义。

现代化进程中的中欧人权思想互鉴

中国和欧洲的传统文化中都蕴含着丰富的潜在人权资源。在现代化进程中,中华优秀传统文化“东学西渐”,对欧洲产生了一定的启蒙作用,助力了欧洲人权学说的创立。反过来,欧洲人权学说“西学东渐”,也激发中华优秀传统文化中的人权资源实现自我突破,萌发了中国的人权理念。在《世界人权宣言》的制定过程中,中国代表与欧洲代表相互交流、共同探索,为全球人权共识的达成作出了贡献。改革开放以来,中欧人权交流更为广泛并趋于平衡。中欧在平等和开放的基础上加强人权交流,不仅有助于中欧双方人权视野的拓展和人权共识的达成,也会为全球人权交流树立样板,促进世界人权事业共同和谐发展。

European Court of Human Rights as a Guarantee of Observation the Medical Secrecy

The European Convention on Human Rights proclaims the right of everyone to privacy of information about their state of health,which is a particularly important issue during the COVID-19 pandemic.The aim of the study is to determine the essence of the ECtHR's activity as a guarantee of information culture,highlight the main elements of its activities in this aspect,and analyze the right to medical secrecy in the practice of the European Court of Human Rights.The formal-logical method was used to analyze the norms of the European Convention on Human Rights,determine the content of basic concqts,and systematize the material in order to obtain generalizing conclusions within the framework of the stated problem.The predictive method was used to determine the prospects for the development of legislation aimed at creating a system of effective legal provision for the confidentiality of patient information.The European Court of Human Rights has more than once drew attention to the enormous importance of protecting personal,in particular medical data,so that a person can enjoy his or her right to private and family life with satisfaction.That is why public authorities must ensure the confidentiality of information about the health of individuals.It should not be disclosed or processed without the prior informed consent of the person concerned.There are a lot of cases of unlawful disclosure of information about the patienfs health and liability for unlawful disclosure.

欧洲多层次立宪主义:国内宪法、欧盟法律和《欧洲人权公约》之间的关系

在“《欧洲人权公约》与国内宪法的决议”解释性备忘录中,欧洲委员会首次接受了“多层次立宪主义”这一概念,文章深入分析了欧洲“多层次立宪主义”的内涵,特别是国内宪法、欧盟法律和《欧洲人权公约》三者之间的相互关系,并指出了国内宪法秩序与《欧洲人权公约》互补性的重要性。尽管欧洲委员会承认多级立宪制下可能存在的法律秩序紧张关系,但任何解决策略都必须尊重国际法律义务,并维护欧洲人权法院的权威和信誉。文章进一步探讨了欧盟法律与《欧洲人权公约》之间的潜在冲突,并通过意大利塔里克(Taricco)案等司法对话案例,展示出这些冲突可以通过和平方式解决。此外,文章还讨论了国际人权条约与国内法律秩序之间的关系,尤其是在执行欧洲人权法院判决时的挑战。最后,文章提出通过司法对话和创新机制,如设立由国内法官参与的欧盟法院混合庭,来缓解不同法律秩序和法院间的紧张关系。这将有助于确保欧洲“多层次立宪主义”体系在尊重各国宪法和欧洲人权标准的同时,促进法治、民主原则以及成员国主权与国际义务之间的和谐协调,推动整个欧洲法律秩序的共同进步。

基于人权的方法的生物多样性治理探究

生物多样性的丧失正在影响全球每个角落和每个群体,特别是依赖于生物多样性的社会最脆弱群体。基于人权的方法将人权作为核心和指导原则,以确保人的尊严、平等和权利得到尊重和保护。将基于人权的方法运用于生物多样性治理,能够实现法律及政策的制定和实施与促进人权的实现相统一。被视为在中国担任主席国期间通过的关于生物多样性治理的新里程碑,《昆明—蒙特利尔全球生物多样性框架》明确了其框架执行需要基于人权的方法。加强国际合作、推动国家履行人权义务、督促企业开展人权尽责以及促进广泛的社会参与的多元治理方法,共同构成了基于人权的方法的生物多样性治理的基本范式,亦是落实《昆明—蒙特利尔全球生物多样性框架》的最佳实施路径。