As the"third sector",social organizations are increasingly involved in human rights affairs in the era of governance through cooperation.They play an important role in the construction of a human rights comm...As the"third sector",social organizations are increasingly involved in human rights affairs in the era of governance through cooperation.They play an important role in the construction of a human rights community with the core of"common human values",and together with the government and other relevant subjects,they become the guarantors of human rights.By sorting out the main contributions of social organizations and successful experiences participating in human rights governance,it can be seen that they timely support relevant policies and laws and the participation through certain modes are successful experiences of social organizations in participating in human rights governance.Under the guarantee of the mechanism of effectiveness and risk control along the whole chain before,during and after the process,these contributions and experience will provide better Chinese experience and Chinese programs to promote global human rights governance and the progress of human rights cause in the world.展开更多
The COVID-19 pandemic has brought legal challenges to the containment measures adopted by European countries.During the outbreak and containment phase of the pandemic,most European countries adopted measures such as l...The COVID-19 pandemic has brought legal challenges to the containment measures adopted by European countries.During the outbreak and containment phase of the pandemic,most European countries adopted measures such as lockdowns and mandatory home quarantines based on the principle of risk prevention.However,Article 15 of the European Convention on Human Rights and judgments by the European Court of Human Rights require such measures to comply with the principle of proportionality.In view of this,this article examines the European Court of Justice’s loose judgments on the derogation measures during the pandemic,and the European Court of Human Rights’situational judgments in this regard.Based on the analysis of the legitimacy of the principle of risk prevention and the principle of proportionality in responding to public health emergencies,this article prudently examines and predicts the trend of applying the principle of proportionality of risk prevention for the European COVID-19 derogation measures from three perspectives of legitimacy,necessity,and feasibility.展开更多
基金a phased achievement of comprehensive social survey of countries along the Belt and Road(project number C176240101)a“Double First-Class”project of Yunnan University+1 种基金the“Research on Review Mechanism for Administrative Normative Documents”(project number 18YJC820033)a general project of the Ministry of Education in 2018
文摘As the"third sector",social organizations are increasingly involved in human rights affairs in the era of governance through cooperation.They play an important role in the construction of a human rights community with the core of"common human values",and together with the government and other relevant subjects,they become the guarantors of human rights.By sorting out the main contributions of social organizations and successful experiences participating in human rights governance,it can be seen that they timely support relevant policies and laws and the participation through certain modes are successful experiences of social organizations in participating in human rights governance.Under the guarantee of the mechanism of effectiveness and risk control along the whole chain before,during and after the process,these contributions and experience will provide better Chinese experience and Chinese programs to promote global human rights governance and the progress of human rights cause in the world.
基金the National Social Science Fund of China’s major project“Research on Legislation and Categorization in Emergencies”(20&ZD175)the National Social Science Fund of China’s project“Research on the Relationship between Constitution and International Law”(18BFX034)
文摘The COVID-19 pandemic has brought legal challenges to the containment measures adopted by European countries.During the outbreak and containment phase of the pandemic,most European countries adopted measures such as lockdowns and mandatory home quarantines based on the principle of risk prevention.However,Article 15 of the European Convention on Human Rights and judgments by the European Court of Human Rights require such measures to comply with the principle of proportionality.In view of this,this article examines the European Court of Justice’s loose judgments on the derogation measures during the pandemic,and the European Court of Human Rights’situational judgments in this regard.Based on the analysis of the legitimacy of the principle of risk prevention and the principle of proportionality in responding to public health emergencies,this article prudently examines and predicts the trend of applying the principle of proportionality of risk prevention for the European COVID-19 derogation measures from three perspectives of legitimacy,necessity,and feasibility.
