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.

The Protection of the Right to Equality of the Elderly in the Digital Society

The inequality faced by the elderly in a digital society is the digital inequality caused by both public and private actions,as well as the societal inequality exacerbated by the digital inequality.The essence of this issue lies in the unequal social participation due to the expansion of digital space under digital inequality.The characteristics of the elderly,combined with their inherent human dignity,determine that the ultimate goal of protecting their right to equality in a digital society is not limited to equal digital rights alone.Instead,it aims to ensure that the elderly have equal opportunities for social participation in both digital and non-digital spaces by eliminating digital inequality and curbing the expansion of digital space.This ensures the autonomy of the elderly in the digital society.Accordingly,the State should implement two policies based on both prohibitive obligations that prevent direct infringements and protective obligations that safeguard the equal rights of the elderly against encroachments from private entities.The first policy,“Digital Integration”,empowers the elderly with digital skills and helps them actively integrate into the digital society.The second policy,“Digital Coexistence,”ensures that the elderly can equally participate in society even when they choose to abstain from digital technology.

Dilemma and Solution for Relief in the Right to Equal Employment-From the Perspective of Rectifying Private Law with Social Law

At present,the legal remedies in terms of the right to equal employment in China are mainly related to private law,that is,laborers seek direct legal remedies for personality rights liability and infringement liability according to typical private law,supplemented by indirect remedies for labor contract liability under special private law.However,there are many challenges in private law remedies for the right to equal employment,which are manifested in the misunderstanding of the general tort identification of employment discrimination,the loopholes in the regulations on discriminatory employment,the imbalance in the burden of proof,and the limitation and alienation of the functions of civil liability and private law autonomy.The root of those problems lies in the fact that the nature of anti-employment discrimination law is not private law but social law.Equal employment involves both public and private interests,and it should be based on the public interest of society and adhere to the value orientation of prioritizing fairness while taking into account efficiency.Improving the legal relief mechanism for protecting the right to equal employment,with a focus on correcting private law with social law,is the solution to the dilemma.Specific measures include establishing the special tort liability system for equal employment,the legal mechanism against discriminatory labor contracts,the public-private integrated legal responsibility system,and an essentially fair system for the responsibility of adducing evidence.

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.

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.

The Legal Guarantee of the Right to Education Perspective of Completing the Building a Moderately Prosperous Society in All Respects

As we review the historical process of completing the building a moderately prosperous society in all respects,the rule of law through the right to education,which has played a leading and guaranteeing role in this process,has not only made great achievements,but also set the direction and path for the development of the education system and unleashed education’s momentum in driving social development.The rule of law through the right to education has been established and developed during the great practice of reform and opening-up.After we achieve the goal of realizing all-round moderate prosperity,it is necessary to straighten out the internal mechanisms concerning its next-step development and codify educational laws in order to further promote human rights progress in China.

The Overall Elevation of Protecting the Right to Education in China——A Case Study of the Right to Education in Tianjin Municipality

As one of the fundamental social rights, the right to education not only con- ,cerns the fact that the educated can equally enjoy educa- tional opportunities, but also lays the foundation for exercising their rights in other aspects, such as employ- ment, politics, culture and society, therefore creating the conditions for realizing the all-round development of human beings. During the process of social construction in China, we have attached great significance to protecting citizens＇ rights to receive education, thus ensuring the prior- ity of developing education in our nation. Meanwhile,

On the Criminal Protection of the Right to Education of Chinese Citizens——With a Review on Article 32 of the Amendment to the Criminal Law(Ⅺ)

The Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China responds to the institutional needs of civic education,and supplements the clause of the Criminal Law on protection of citizens’right to education nuy means of Article 32.Imposing legal responsibility in the form of internal punishments,administrative punishments,and economic compensation have failed to prevent infringements on citizens’right to education.Its role as a"secondary protection law"is the conceptual obstacle that hinders the Criminal Law from effectively intervening in the field of citizens’right to education.The equivalence between the legal interests of people to the right to education and the rights protected by the existing charges in the Criminal Law is the legitimate basis for it to intervene in disputes over the right to education.Based on Article 32 of the Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China,it is suggested to further clarify the prepositional law,improve the liability provisions for the right to education,change the modest and restrained view of the Criminal Law regarding protection of the right to education,and expand the behavior types of Article 32 provided in the Amendment(Ⅺ)in due time.

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.

A Coherent Interpretation of Economic Compensation for Divorce:Taking Gender Equality as the Basis

Article 1088 of China's Civil Code grants the right to seek economic compensation in divorce cases.However,significant confusion persists regarding the values,interpretations of doctrine,and legal techniques related to this compensation.Various viewpoints have emerged on the nature of compensation,including notions of household wages,human capital investment,moral obligation,and damages recovery.Concerning compensation standards,there are proposals such as the“humanitarian assistance”theory,“household wages”theory,“expected interest”theory,or“loss of interest”theory.By examining the evolution,legal principles,and practical applications of economic compensation for divorce from a human rights perspective,we aim to establish the legal foundation for this compensation,grounded in principles of gender equality.It clarifies that the compensation essentially confirms and restores individual development opportunities and the right to development in the context of gender inequality.This approach aims to provide a more coherent interpretation of clauses of economic compensation for divorce in terms of legal purposes,legal doctrines,and legal techniques,thus offering a more reasonable perspective to reconcile theoretical and practical discrepancies in economic compensation for divorce.

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.

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.

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）.

Fantastic Educational Gaps and Where to Find Them:LERB-A Model to Classify Inequity and Inequality

In today’s world,education is less being considered as an outcome,but more as a journey.As the adventurers,our students are facing more and more complex challenges.Previously,the socio-economic status of a student’s family seemed to be one of the biggest factors among inequality causes.Nowadays,the chaotic situation of today's VUCA world(volatility,uncertainty,complexity,and ambiguity)is generating more and more types of inequity and inequality.Thus,the purpose of the study is to develop LERB-a simple model to classify inequity and inequality,as a stepping-stone to build a gap detection framework.Through a structured literature review,the study identified the interconnection between equity and equality,as well as their transition toward students as an individual or as a group(s)and subgroup(s).The study can also be adapted to examine the correlation between different categories of equity,as well as to brainstorm and propose remedies to tackle those gaps.

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.

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.

The Change and Constancy of “Equality Issue” in Human Rights Theory Research During the 40 Years of Reform and Opening-up

In 1978, academia broke through the theoretical forbidden zone with the slogan of "equality before the law" and initiated a great discussion on some important legal issues including legal equality. During the past 40 years since the reform and opening-up, the relevant research has changed from the ideological contention deeply influenced by class discourse to the abstract theoretical research where class discourse has been fading away, and then turn to the technical and concrete practical research. This "change" is clearly visible and, to a certain extent, reveals the track of the development of human rights theory. However, there is "constancy" in "change". "Constancy" not only lies in the study of legislative equality throughout the past 40 years, but also embodies the inherent logic of theoretical research in response to social development and changes in the times.

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

Equality, Participation and Sharing: 70 Years of Protecting the Rights and Interests of Persons with Disabilities in the PRC

July 2019 Contents Preamble I.Development of the Cause of Persons with Disabilities II.Mechanisms for the Protection of Rights and Interests of Persons with Disabilities III.Health and Rehabilitation IV.Special Education and Inclusive Education V.Employment and Entrepreneurship VI.Basic Life and Social Security VII.Creating an Accessible Environment and Enabling Mobility.