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
At the legislative level in China,there has been insufficient theoretical preparation to explicitly include“sexual autonomy”within the scope of general personality rights.In handling the increasing number of dispute...At the legislative level in China,there has been insufficient theoretical preparation to explicitly include“sexual autonomy”within the scope of general personality rights.In handling the increasing number of disputes related to violations of“sexual autonomy,”judicial biases have emerged during the trial process when courts determine the attribute of the right to“sexual autonomy.”This situation necessitates a clear legal analysis of the concept and attributes of“sexual autonomy”to establish its essential attribute as a personality right,and,from the perspective of legal doctrine,enable the justification of the right to“sexual autonomy”as either a general personality right or other personality interests,thereby providing theoretical support for courts to“adjudicate according to law.”By delineating and categorizing instances of violations of“sexual autonomy,”the constitutive elements and fundamental characteristics of such violations can be clarified.By examining the legal norms governing civil litigation and civil litigation associated with criminal cases concerning violations of“sexual autonomy,”the responsibility determination,remedies,and existing regulatory loopholes regarding violations of“sexual autonomy,”especially in cases involving both criminal and civil matters,can be defined.Based on this foundation,the legal basis,determination mechanism,and compensation standards for claiming compensation for mental damages resulting from violations of“sexual autonomy”can be elucidated.展开更多
Abstract Despite important gains in human rights, persons with disabilities -- and in particular women and girls with disabilities -- continue to experience significant inequalities in the areas of sexual, reproductiv...Abstract Despite important gains in human rights, persons with disabilities -- and in particular women and girls with disabilities -- continue to experience significant inequalities in the areas of sexual, reproductive, and parenting rights. Persons with disabilities are sterilized at alarming rates; have decreased access to reproductive health care services and information; and experience denial of parenthood. Precipitating these inequities are substantial and instantiated stereotypes of persons with disabilities as either asexual or unable to engage in sexual or reproductive activities, and as incapable of performing parental duties. The article begins with an overview of sexual, reproductive, and parenting rights regarding persons with disabilities. Because most formal adjudications of these related rights have centered on the issue of sterilization, the article analyzes commonly presented rationales used to justify these procedures over time and across jurisdictions. Next, the article examines the Convention on the Rights of Persons with Disabilities and the attendant obligations of States Parties regarding rights to personal integrity, access to reproductive health care services and information, parenting, and the exercise of legal capacity. Finally, the article highlights fundamental and complex issues requiring future research and consideration.展开更多
文摘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.。
文摘At the legislative level in China,there has been insufficient theoretical preparation to explicitly include“sexual autonomy”within the scope of general personality rights.In handling the increasing number of disputes related to violations of“sexual autonomy,”judicial biases have emerged during the trial process when courts determine the attribute of the right to“sexual autonomy.”This situation necessitates a clear legal analysis of the concept and attributes of“sexual autonomy”to establish its essential attribute as a personality right,and,from the perspective of legal doctrine,enable the justification of the right to“sexual autonomy”as either a general personality right or other personality interests,thereby providing theoretical support for courts to“adjudicate according to law.”By delineating and categorizing instances of violations of“sexual autonomy,”the constitutive elements and fundamental characteristics of such violations can be clarified.By examining the legal norms governing civil litigation and civil litigation associated with criminal cases concerning violations of“sexual autonomy,”the responsibility determination,remedies,and existing regulatory loopholes regarding violations of“sexual autonomy,”especially in cases involving both criminal and civil matters,can be defined.Based on this foundation,the legal basis,determination mechanism,and compensation standards for claiming compensation for mental damages resulting from violations of“sexual autonomy”can be elucidated.
文摘Abstract Despite important gains in human rights, persons with disabilities -- and in particular women and girls with disabilities -- continue to experience significant inequalities in the areas of sexual, reproductive, and parenting rights. Persons with disabilities are sterilized at alarming rates; have decreased access to reproductive health care services and information; and experience denial of parenthood. Precipitating these inequities are substantial and instantiated stereotypes of persons with disabilities as either asexual or unable to engage in sexual or reproductive activities, and as incapable of performing parental duties. The article begins with an overview of sexual, reproductive, and parenting rights regarding persons with disabilities. Because most formal adjudications of these related rights have centered on the issue of sterilization, the article analyzes commonly presented rationales used to justify these procedures over time and across jurisdictions. Next, the article examines the Convention on the Rights of Persons with Disabilities and the attendant obligations of States Parties regarding rights to personal integrity, access to reproductive health care services and information, parenting, and the exercise of legal capacity. Finally, the article highlights fundamental and complex issues requiring future research and consideration.
