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Justification of and Response to the Specificity of Workers’Personality Rights
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作者 RAO Zhijing ZHOU Yunfan 《The Journal of Human Rights》 2024年第5期1122-1147,共26页
The pervasive existence of subordination in the work-place endows workers’personality rights with a distinct specificity that differs from other civil subjects.The specificity of workers’per-sonality rights is prima... The pervasive existence of subordination in the work-place endows workers’personality rights with a distinct specificity that differs from other civil subjects.The specificity of workers’per-sonality rights is primarily manifested in three aspects:the exercise of rights is restricted by the employer;personality rights infringements often accompany violations of workers’economic property rights;and the scope of rights is not limited to the duration of employment.To respond to the specificity arising in the labor domain,certain disputes concerning workers’personality rights should be handled through la-bor dispute resolution procedures.In individual cases,judicial author-ities should differentiate among protection levels based on the specific type of personality rights involved,with a focus on examining the rea-sons,methods,and extent of the employer’s restrictive actions,thereby establishing a practical and reasonable review system.。 展开更多
关键词 personality rights WORKPLACE personal freedom human dignity Civil Code
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On the Rule of Law Path for Inclusive Education to Empower Education Assistance for Persons with Disabilities
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作者 WANG Sufen YANG Xiaoting QIAN Chuijun 《The Journal of Human Rights》 2024年第4期922-950,共29页
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 educatio... 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. 展开更多
关键词 inclusive education the right to education of persons with disabilities education assistance multiple responsible entities
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The UN Convention on the Rights of Persons with Disabilities and China's Protection of the Right to Education of the Persons with Disabilities
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作者 许巧仙 吴填 Hu Liang(译) 《The Journal of Human Rights》 2018年第5期545-560,共16页
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 discriminati... 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. 展开更多
关键词 UN Convention on the rights of Persons with Disabilities persons with disabilities education situation right to education
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The Systematic,Fair and High-quality Development of the Right to Education in China
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作者 龚向和 JIANG Lin(Translated) 《The Journal of Human Rights》 2021年第5期754-760,共7页
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 promotio... 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. 展开更多
关键词 right to education systematic FAIR HIGH-QUALITY
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The Legal Guarantee of the Right to Education Perspective of Completing the Building a Moderately Prosperous Society in All Respects
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作者 滕锐 XIANG Na(译) 《The Journal of Human Rights》 2020年第5期603-619,共17页
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 pr... 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. 展开更多
关键词 completing the building a moderately prosperous society in all respects the right to education the legal guarantee of the right to education human rights CODIFICATION
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The Overall Elevation of Protecting the Right to Education in China——A Case Study of the Right to Education in Tianjin Municipality
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作者 XUE JINWEN 《The Journal of Human Rights》 2013年第6期29-37,共9页
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 i... 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, 展开更多
关键词 A Case Study of the right to education in Tianjin Municipality the Overall Elevation of Protecting the right to education in China
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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)
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作者 贾健 余燕娟 XU Chao 《The Journal of Human Rights》 2021年第1期80-94,共15页
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 educati... 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. 展开更多
关键词 the right to education functional improvement the secondary protection of criminal law the positive view of criminal law reform path
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Media and Human Rights Education——A Probe into the Possibility of News Coverage from the Viewpoint of the Human Rights Framework
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作者 BU WEI 《The Journal of Human Rights》 2013年第5期27-31,共5页
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... 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. 展开更多
关键词 A Probe into the Possibility of News Coverage from the Viewpoint of the Human rights Framework Media and Human rights education
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A Right, Not a Privilege: Gayatri Chakravorty Spivak's An Aesthetic Education in the Era of Globalization 被引量:1
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作者 Joylette Williams Samuels 《Journal of Literature and Art Studies》 2016年第10期1155-1158,共4页
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 t... 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. 展开更多
关键词 postcolonialism FEMINISM higher education HUMANITIES human rights
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Human Rights Education in the Perspective of International Human Rights Law 被引量:1
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作者 GU SHENGKAI 《The Journal of Human Rights》 2007年第1期36-39,共4页
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,"... 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. 展开更多
关键词 In Human rights education in the Perspective of International Human rights Law
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Conceptions of Childhood and the Educational Rights of the Child
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作者 Andrew Stables 《Journal of Philosophy Study》 2013年第9期857-866,共10页
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
关键词 children's rights education CHILDHOOD philosophy of education
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The Conflict and Balance Between Intellectual Property Rights and Public Freedom of Information in the“Anti-circumvention Clause”
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作者 龚珊珊 严小翔 SHEN Jinjun(译) 《The Journal of Human Rights》 2023年第5期1115-1133,共19页
There is a long-standing conflict between intellectual property rights and public freedom of information.The continuous development of the“anti-circumvention clause”has caused the conflict to intensify.As a basic hu... There is a long-standing conflict between intellectual property rights and public freedom of information.The continuous development of the“anti-circumvention clause”has caused the conflict to intensify.As a basic human right,freedom of information is being gradually eroded by the expansion of intellectual property rights.The existing research mainly carries on the right balance from the negative protection path,but the positive protection path is more advantageous to realizing the public freedom of information and alleviates the conflict between the two kinds of rights.In practice,there are some problems in the application of the anti-circumvention clause,such as the legality of the aim,the division of the protected part,and the determination of the circumvention.This is mainly due to the lack of restrictions on technical measures,the failure to distinguish between“copyright protection”and“contact control”,and the offside and absence of administrative bodies in practice.We should protect public freedom of information by distinguishing the two measures of copyright protection and contact control and the two torts of access and use,increasing the restrictive conditions for the use of technical protection measures,and changing the functions of administrative supervision agencies. 展开更多
关键词 anti-circumvention clause intellectual property rights public information freedom balance of interests human rights
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On the System of Rights Underlying the Right to Health and Constraints on the Right to Health——Including a Commentary on the Basic Healthcare and Health promotion Law(Draft)
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作者 张冬阳 ZHANG Kuanxu(译) 《The Journal of Human Rights》 2019年第5期613-633,共21页
Conceptually,health is subjective,procedural and socially reliant.This three-fold nature determines the connotations of the right to health as well as the constraints thereof.The right to health encompasses both the r... Conceptually,health is subjective,procedural and socially reliant.This three-fold nature determines the connotations of the right to health as well as the constraints thereof.The right to health encompasses both the right to freedom and social rights.The right to freedom in the context of health means that the state should respect the health status and choices of its citizens and trust that the people are able to optimize their health through their own efforts,whereas the right to basic healthcare services is an important component of the right to health from the perspective of social rights.The review system stipulated in administrative normative documents increases,to a certain degree,the possibility that citizens can realize their right to health.The right to health is constrained in three aspects:"precondition of the possible",concurrent requirements imposed by society and conflicts among basic rights.When there is financial restraint on what the state can afford,the right to health is constrained by limits to healthcare institutions and the provision of healthcare services.over-emphasis of individual responsibility on the part of the insured can possibly transform the right to health into an obligation to be healthy. 展开更多
关键词 right to health right to freedom social rightS basic healthcare services
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Summary of the 2018 Symposium on National Human Rights Education and Research
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作者 曹燕 Hu Liang(译) 《The Journal of Human Rights》 2019年第1期112-120,共9页
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 1... 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. 展开更多
关键词 new ERA HUMAN rightS education HUMAN rightS research SUMMARY of SYMPOSIUM
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Human Rights Education from the Perspective of the Holistic Development of the Children
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作者 李红勃 DONG Lianghe(译) 《The Journal of Human Rights》 2019年第6期721-731,共11页
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 schoo... 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. 展开更多
关键词 UNITED Nations DECLARATION on HUMAN rightS education and Training ethics and the rule of law HUMAN rightS education
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Guarantee of Individualized Education Right for Children with Disabilities in China: A Study on the Compulsory Education Stage
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作者 刘雪斌 LU Yanzhen 《The Journal of Human Rights》 2017年第4期336-348,共13页
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 ... 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. 展开更多
关键词 right to individualized education disabled children compulsory education
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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
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作者 徐爽 赵晨 ZHAO Hongfang 《The Journal of Human Rights》 2017年第3期244-255,共12页
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 impleme... 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 展开更多
关键词 migrant children the right to elementary education compulsory education
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Human Rights Diplomacy with Mysterious Glow of Religion——On the US International Religious Freedom Act of 1998 and the US Human Rights Diplomacy
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作者 YANG WEIDONG 《The Journal of Human Rights》 2003年第1期36-38,共3页
International Religious Freedom Act of 1998 In October 1998, the Clinton Administration produced the International Religious Freedom Act of 1998 (IRFA). It is one of the important laws passed by the US Congress in rec... International Religious Freedom Act of 1998 In October 1998, the Clinton Administration produced the International Religious Freedom Act of 1998 (IRFA). It is one of the important laws passed by the US Congress in recent years. The act is very complicated. The main sections can be summarized as follows: (1) Appointment of an Ambassador at Large for International Religious Freedom to head an Office on International Religious Freedom within the Department of State; 展开更多
关键词 of In Human rights Diplomacy with Mysterious Glow of Religion IS US On the US International Religious freedom Act of 1998 and the US Human rights Diplomacy that with
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Human Rights: Signal of Human Beings from Necessity to Freedom
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作者 孙国华 SHA Lijin 《The Journal of Human Rights》 2016年第2期103-105,共3页
The issue of human rights is one of the essential issues in modern political life and state life.The term"human rights",as it is so called,refers to the rights of human beings dealing with the questions aris... The issue of human rights is one of the essential issues in modern political life and state life.The term"human rights",as it is so called,refers to the rights of human beings dealing with the questions arising during the process of human beings from necessity to freedom.The key to master the concept of human rights is how to define the rights.In ac- 展开更多
关键词 Human rights Signal of Human Beings from Necessity to freedom
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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
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作者 LIU SHIPING 《The Journal of Human Rights》 2013年第6期5-8,共4页
1. The Role of Human Rights Education in Promoting Human Rights Development 1. Human rights education shapes the soft environment for human rights development
关键词 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
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