公共健康获益权的法理探源与权利建构

人内在的发展天性总希冀于更美好的发展与自由的获得,而现代国家的要义之一亦在于追求人民福祉与社会进步,一定社会经济条件下内外相生的发展动因将为人权的确立和发展提供物质基础,并通过进一步的法律权利构建,为其提供真实有效的保障。随着我国社会经济的发展,有必要将公民在公共健康领域的各种权利、特权、权力和豁免以霍菲尔德式的展开加以梳理,厘清现行主要公共卫生法律中公民法律利益的诸多形态,并对其中有关公民法律权利的规范和内容进行梳理、重构,以构建法律权利意义上的公共健康获益权,最终促进公民健康水平的提高和全面发展的实现。     

"行乞权"之争的法理误区--兼评"法无明文禁止之处即可作权利的推定"命题

乞讨行为从来都不是一种被社会道德或国家法律所倡导的行为."行乞权"既不是公民的生存权,也不是一项"穷人的道德权利"或具有普遍意义的道德权利.在"行乞权"之争中,暴露出长期以来法理上,以及近些年来人们在人权理念上的种种误区.逻辑上和实践中,从法无明文禁止之处不能必然地推导出权利.人权不是一种排除义务的绝对权利,或可以凌驾于一切社会规范之上不含界限的一种特权.     

浅谈如何提高高职院校学生党员在学生管理中的作用

高校的思想政治工作和稳定一直受到党中央的高度关注,现今高校学生面临的各方压力越来越大,由此反作用到高校的学生管理工作中.为了更好地加强对高校学生管理,我们需充分发挥学生党员的作用.     

‘Living Rights’, rights claims,performative citizenship and young people – the right to vote in the Scottish independence referendum

This paper examines the rights claims-making that young people engaged in during the 2014 Scottish independence referendum when the right to vote was extended to 16- and 17-year-olds for the first time in the UK. Understanding citizenship and rights claims-making as performative, we draw on the novel idea of ‘living rights’ to explore how young people ‘shape what these rights are – and become – in the social world’. They are co-existent and situated within the everyday lives of young people, and transcend the traditional idea that rights are merely those that are enshrined in domestic and/or international law. We explore the complex and contested nature of rights claims that were made by young people as ‘active citizens’ in the lead up to the referendum to illustrate how the rights claims-making by young people is bound up with the performativity of citizenship that entails identity construction, political subjectivity (that challenges adult-centric approaches) and social justice.     

联合国国际人权两公约之背景,内容与意义

联合国国际人权两以约是国际社会在人权保护方面最重要的两个公约。两公约诉产生过程,内容和执行体系,都表明国际社会在人权保护领域既普遍的共识,也有尖锐的分歧。两公约本身即是求同存异的产物,它是尽可能地融合了东西方国家对人权的不同理解,充实和发展了《联合国宪章》中关于基本人权的内容和为人权领域的国际合作提供了国际法依据。但是,人权进行国际法领域,并不意味着可以把人权作为攻击或干涉他国内政的工具,借口不人     

What comes first,democracy or human rights?

Minimalists about human rights hold that a state can have political legitimacy if it protects a basic list of rights and democratic rights do not have to be on that list. In this paper, I consider two arguments from Benhabib against the minimalist view. The first is that a political community cannot be said to have self-determination, which minimalists take to be the value at the heart of legitimacy, without democracy. The second is that even the human rights protections minimalists take to legitimize institutions cannot be had without democracy. These rights can only be adequately interpreted and specified for any social context if the interpretations and specifications result from democratic processes. Here, I bring out some important problems with these arguments and so conclude that they do not represent a robust case for rejecting minimalism.     

Contesting privilege with right: the transformation of differentiated citizenship in Brazil

This paper suggests that new understandings of rights associated with right to the city movements in many cities around the world are subverting special treatment rights (understood as privilege) and the systems of differentiated citizenship that support them. To make this case, it examines the Brazilian formulation of differentiated citizenship as a telling historical example of a politics of difference based on a combination of universal membership and special treatment rights. It argues that by denying the expectation of equality and emphasizing that of compensatory equity in the distribution of rights, Brazilian citizenship became an entrenched regime of legalized privileges and legitimated inequalities. This paper then analyzes the insurgence of an urban citizenship in the poor peripheries of Brazilian cities since the 1970s, which promotes new kinds of contributor rights, the text-based rights, and the right to rights. It ends with a discussion of the entanglements and contradictions of these formulations of citizenship and rights.     

Rethinking Human Rights in York as a Human Rights City

Human rights is in crisis in the UK. It lacks significant political backing and public support. This ‘insider account’ of York becoming a human rights city suggests that there is a need to rethink approaches to human rights. The article looks at the strategies adopted in the city; the annual city‐based indicator report which provides the key reference point for all local activities; and the declaration of York as a ‘human rights city’ in 2017 alongside its subsequent impact. The discussion is linked to two debates within human rights: how to define and build a culture of human rights, and what it means for human rights to be truly relevant at a local level. The new approach advocated can be summarised as participatory, locally informed, and related to everyday concerns.     

关于强制性侦查措施异议机制的思考

刑事诉讼法中的强制措施是保障刑事诉讼顺利进行的有力措施,但同时它也最容易对犯罪嫌疑人、被告人的人身权利造成侵害。在当事人遭受强制措施的侵害之后,如何及时挽救被侵害人的权利,恢复当事人的利益、保障犯罪嫌疑人以及被告人的人权,是刑事诉讼制度中需要特别关注的内容。我国刑事诉讼法没有赋予被采取强制措施者对强制措施提起异议的权利,特别是侦查阶段强制措施适用较少受到制约,犯罪嫌疑人、被告人的人身权利和财产权难以得到有效保障。因此,建议在我国刑事诉讼法中建立强制性侦查措施的异议机制。     

The ban on virginity testing

The world is characterised by the conflict existing between human rights and customary practices. Customary laws and practices appear to be in major and difficult conflict to harmonise. It differs from country to country as to one must be applied when the two are in conflict or contrary to each other. Virginity testing is one of the practices which grabs a lot of attention in conflicting with human rights from country to country. The harmonization of customary laws and human rights is not given the attention it seeks by authors around the world.     

‘Kat Mai Ploi’ – bite and don't let go: motherhood and pursuits of justice in Thailand

This article examines the long-term struggles of two Thai mothers to define and attain their visions of justice: one to recover land flooded by a state dam project and the other to defy a municipal order to demolish her house for a vehicle turn-around. In particular, it studies how tropes and institutions of motherhood and human rights articulate with, and provide social and political resources to one another as these two women fight to lay claim to traditions of rights specific to Thai society.     

The Review of Victoria's Guardianship Legislation: State Policy Development in an Age of Human Rights

This article considers the Victorian government's decision to review the state's guardianship legislation and notes the significant place international human rights developments are playing in that review. The article recognises the opportunities these developments present for reworking the guardianship legislation to increase the autonomy and decision-making power of people with disabilities, but also considers the challenge these developments present to ensuring that society continues to protect its most vulnerable citizens.     

Human Rights in a Post‐Brexit UK

This special issue was written to reflect on the current role of human rights in the United Kingdom, seventy years after the United Nations General Assembly voted in favour of the Universal Declaration of Human Rights. Human rights are explored by the authors in this issue from a wide variety of perspectives. Some authors are critical of the failure of the state to implement human rights principles in practice; others lament how human rights often appear of little relevance to most people’s lives in the UK. The overall message, however, remains consistent: a human rights framework brings many positive elements to our country, ensuring it is a society where individuals, no matter their actions or characteristics, are treated with dignity.     

对“沉默权“与中国现实选择的理性思考

沉默权制度是一个典型的舶来品。在这一制度背后 ,自然渗透着西方的人文传统和价值观念。对沉默权的价值取向和制度功能进行探索和揭示 ,将有助于增加国人对这一制度的了解和把握 ,也是我们进行法律移植必须予以考虑的问题。本文正是从这个角度进行思考 ,通过对国内有关学者的不同观点分析 ,充分论证在我国确立沉默权规则的必要性与可行性 ,并结合现实国情提出了中国沉默权规则的完整的设计思路     

From citizenship to human rights: the stakes for democracy

A review of the literature on citizenship shows a trend away from anchoring citizenship practices to the nation-state and a move towards recasting the concept in universal terms. The paper examines this trend by focusing on the writings of Held, Bohman, and Benhabib. It distinguishes their ‘deliberative’ approach to citizenship, and suggests that this leads them to reformulate citizenship in a way which differs little from human rights. Although the paper shares in the view that a move to a human rights politics would pave the way for a more equitable order, it argues that there is also a risk. By drawing on the agonistic perspective on democratic politics, the paper shows that the risk is that we might undermine democratic politics by reducing it to a single principle.     

Discriminating language rights and politics in the post-Yugoslav states

ABSTRACT

Pupavac examines the rise of linguistic human rights advocacy and its approach in a case study of language politics in the post-Yugoslav states. A core concern of contemporary linguistic rights advocacy has been to tackle ethnically based discrimination and promote ethnic diversity. It does not only seek to prevent states from discriminating against those who speak minority languages. It expects states to take positive steps to preserve their diversity of languages. However, strategies affirming distinct linguistic identities may become complicit in perpetuating ethnic discrimination and ethnic divisions, as is evident in the language politics of the post-Yugoslav states.