Procedural Transition in the Principle of the Best Interests of the Child in the Eyes of the European Court of Human Rights

The principle of the best interests of the child,as a criterion for substantive review,is conceptually ambiguous and uncertain in its application.To mitigate this dilemma in the application of the principle of the best interests of the child,the European Court of Human Rights(ECHR)has made a procedural transition in the interpretation and application of this principle,shifting from conducting specific proportionality analysis or interests balancing in cases related to children to examining whether States Parties have applied the principle of the best interests of the child in their judicial procedures.Moreover,ECHR has developed three procedural review schemes:holistic reviews,key factors-based reviews and factor list-based reviews.Compared with substantive reviews,procedural reviews adhere to the ECHR doctrine of margin of appreciation,restrict the free discretion of the court,give play to the effect of procedural autonomy,and pursue the value of subjective procedural justice,which has its own unique theoretical value and practical significance,and provides a feasible reference for China to interpret and apply the principle of the best interests of the child.

From the UN Charter and the Universal Declaration of Human Rights to Building a Community with a Shared Future for Human Beings--The Past, Present, and Future of International Human Rights Protection

The UN Charter first of all affirmed the basic concept of international protection of human rights and opened up a broad space for international protection of human rights. The Universal Declaration of Human Rights is an important document in the development of the international human rights cause. It established a set of international standards for basic human rights, represents the world’s most important consensus on human rights, and contributes greatly to the creation of an international human rights legal system. The important theory put forward by President Xi Jinping to build a Community with a Shared Future for Human Beings, as a Chinese program for today s global major issues, also outlines a new blueprint for national human rights protection and will play a major role in promoting the development of China’s human rights and international human rights protection.

The National Formation of the Right to Health:Taking Broadcast Gymnastics as an Example

Broadcast gymnastics,which was initiated in 1951,is one of the most widely adopted and popular mass sports activities in China,embodying the country's commitment to shaping the right to health of its citizens.The history and development of broadcast gymnastics are closely tied to the destiny of the nation,reflecting clear national will,and aiming to achieve the goal of“shaping new individuals”.The institutional forms of broadcast gymnastics can be categorized into three stages:“military simulation”,“administrative reinforcement”and“market competition”,each of which aligns with the objectives and needs of different periods.Taking the establishment and promotion of broadcast gymnastics in China as a focal point helps construct a doctrinal framework for the right to health.Based on the purposes and means of health shaping,the implementation of the right to health can be divided into four types:national health projects,citizens'health rights,the social health industry,and civic health consumption.National health projects,facilitated by legislative mechanisms,provide institutional support and supply for citizens'health rights.The right to health,as a social right,has both a subjective rights orientation and an objective value order orientation,thus establishing the individual's subject status in terms of their right to health.Its defense aspect is oriented toward rejecting excessive state intervention,while the benefit aspect directly links to the state's payment measures.The boundaries of state power also need to be defined in the social health industry and civic health consumption.Hence,developing broadcast gymnastics involves adjusting its relationship with the overall objectives of the state and individual citizens'needs.It involves balancing the use of administrative and market methods,continually innovating sports programs that better suit diverse needs,and actively participating in the competition of the fitness market.

Protection of the Human Rights of Those Under Guardianship in the General Provisions of the Civil Law

Based on the guardianship system in the General Principles of the Civil Law, the General Provisions of the Civil Law establish the three concepts of respecting the true will of the ward, benefiting the ward to the greatest extent, and moderate intervention of public power in guardianship. The three concepts are embodied in the specific provisions of the guardianship system, highlighting respect for and protection of human rights under the spirit of the Constitution as well as the human rights concept of protecting the interests of this vulnerable group, improving the scope of protecting the human rights of minors, the disabled and the elderly in the Chinese guardianship system. The General Provisions of the Civil Law expand the functions and types of the guardianship system, enrich and perfect the guardianship system for minors, and clearly stipulate the conditions and means for disqualifying guardians, and arranging temporary custody and state custody. They expand the scope of guardianship for minors, respond to the reality of increasing guardianship needs and the aging of Chinese society, dovetail with the international community’s concept of respecting and safeguarding the rights of the elderly and adults with disabilities, and reflect the law moving with the times. The Specific Provisions on Marriage and Family under the General Provisions of the Civil Law now being compiled should refine and enrich the guardianship system under the framework of the guardianship system in the General Provisions, so that they become the rules of conduct that is practically feasible and enforceable in judgments.

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.

The UN’s Human Rights Mechanisms and China’ Constructive Participation

Through establishing and improving charter-based and treaty-based human rights systems, the United Nations develops and promotes the implementation of human rights standards, urges countries to fulfill their international human rights obligations, and provides a platform for countries and other stakeholders to communicate and cooperate in promoting and protecting human rights There are also other UN agencies and entities involved in human rights promotion in different areas As one of the UN’s founding members and the security Council’s permanent members, China has been elected to the Human Rights Council multiple times and has been participating actively in the Universal Periodic Review process, fulfilling obligations under international human rights treaties, expanding cooperation for mutual benefits in the field of human rights, and promoting the concept of a community with a shared future for human beings At both the domestic and international levels, China can, from both domestic and international levels, further strengthen the implementation of international human rights treaties, enhance cooperation with the UN’s human rights system and other agencies, and increase China’s voice and influence in the field of human rights in the UN.

New Developments and Challenges in the UN Norms on Human Rights Responsibilities of Transnational Corporations

With the adoption of the"Legally Binding Instrument to Regulate,in International Human Rights Law,the Activities of Transnational Corporations and other Business Enterprises"and its revised draft,the codification of the human rights responsibilities of transnational corporations has entered a new era The instrument aims to supplement the shortcomings of transnational corporations in fulfilling their human rights responsibilities by strengthening the obligations of states and to improve the host country’s inadequate remedies for human rights violations by establishing extraterritorial human rights jurisdiction of home countries But the instrument has encountered various challenges because the human rights obligations and legal responsibilities of states go beyond the current domestic human rights systems and impact the existing theories and practices of international human rights law In order to resolve the differences among countries,the future codification of the instrument should be based on existing domestic and international legal systems and practices striking a balance between the interests of developing and developed countries,taking into account the objectives of both the fair treatment of transnational corporations and human rights protection,to promote the regulatory effect of the human rights responsibilities of transnational corporations.

The Chinese Dream and Human Rights in Contemporary China: A Legal-political Perspective

During the revolutionary times, the Chinese people had fought for national independence, whereas now they are devoted to free and comprehensive development. The transition from the former to the latter is a fundamental characteristic of human rights development in contemporary China. Standing at this juncture in history, human development in China and the dream of national rejuvenation in a globalized world can actually be interpreted as a 'human rights dream' shared by each and every individual in China.

“Beijing +25” Retrospect and Prospect: The Establishment of Sexual Harassment Prevention Mechanism in the Workplace from the Perspective of Human Rights

Sexual harassment is a form of gender discrimination and gender-based violence.lt is a fundamental human right to be in a safe environment at work,free from violence and sexual harassment.The Beijing Platform for Action adopted by the Fourth United Nations World Conference on Women in 1995 strengthened the consensus that sexual harassment is violence against women.Sexual harassment in the workplace affects critical areas of concern in the Beijing Platform for Action,such as violence against women,women and economy, and human rights of women.This article reviews the progress and achievements of Chinese government in policy making,law improvement,administrative coordination and governance in the sexual harassment prevention in the workplace for the past 25 years,especially over the past five years.Through analyzing existing issues,this research puts forward measures and suggestions for improving the legal normative system,promoting the formation of joint efforts of different departments and enhancing the employer’s initiative.The implementation of the Beijing Platform for Action should be accelerated so as to push for the improvement of sexual harassment prevention mechanism in the workplace and to promote the protection of women’s rights and interests.

Whole-Process People's Democracy Promotes Human Rights

Democracy and human rights are intricately intertwined.A society’s inability to furnish avenues for public expression and inclusion in political decision-making renders political participation unattainable for its populace.It is evident that the extent of democratic realization directly impacts the trajectory of human rights development.

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.

NIMBY Behavior in Epidemic Prevention and Control and Its Governance from the Rule of Law

COVID-19 prevention and control is a great test of the governance system and governance capability of our country.People of all ethnic groups and regions are helping one another to fight the epidemic together under the leadership of the Communist Party of China,and demonstrate the remarkable advantages of the socialist system with Chinese characteristics.But governing NIMBY behavior in the epidemic prevention and control work by rule of law is not only an important subject to promote the modernization of national governance capacity but also upholds the rule of law to protect human rights.It s a complex system mechanism that requires emergency management and rule of law advocacy working together,the implementation of good laws and flexible law enforcement moving forward together,and legal incentives and legal sanctions used together.

PURSUING ADVANCEMENT

Xinjiang Uygur Autonomous Region is situated in northwest China and at the heart of the Eurasian continent.Since ancient times,the vast region of today's Xinjiang has been home to multiple ethnic groups,different cultures and several religions.It has also been an important channel for exchange between civilizations of the East and the West,and was an important section of the ancient Silk Road,which linked China and Europe.