The Ratification and Implementation of CEDAW in China

As one of the first signatories which ratified the "Convention on the Elimination of All Forms of Discrimination Against Women(CEDAW)" in 1980, China has taken a series of measures on aspects of law, policy, society and so on, to strictly fulfill the obligations of States parties, improving the social status of women, giving more opportunities and rights to women during the past 30 years, and the effect is significant. However, women's employment, political participation, health, domestic violence against women have not been well addressed, and there is still room for improvement about problems concerning girls, rural women, older women and other special groups of women. We cannot merely remain at the stage of empowerment. What is more important is to change social customs and social environment, to improve the ability of women to exercise their rights, to promote the equality on the ability to achieve real justice and to promote the development of the cause of gender equality.     

Protection of the Rights of Persons with Disabilities Under the Framework of the UN Convention on the Rights of Persons with Disabilities

The United Nations Convention on the Rights of Persons with Disabilities is a manifesto for the rights of the disabled. It establishes the values and concepts, the guidelines for action, and the system of rules for the protection of the rights of persons with disabilities worldwide. As one of the main drafting countries and the first signatories of the Convention, China has been actively implementing the principles of the Convention and faithfully fulfilling the responsibilities of a signatory party, and has made great achievements in building up its legal system, policy and culture. However, compared with the goals of the Convention, there still exist some gaps in rights awareness, social environment and related systems. Guided by the spirit of the Convention, and taking into account China's national conditions, the country will continue to cultivate its human rights culture, upgrade its capability to provide public services for people with disabilities, improve the construction of barrier-free environments, guarantee the full realization of the survival, development and participation rights of the disabled, and establish a new mode of protecting the human rights of persons with disabilities in China.     

Challenges and New Directions of Information Accessibility for Persons with Disabilities in China: From the Perspective of the Convention on the Rights of Persons with Disabilities

Accessibility is the basis and prerequisite for persons with disabilities to enjoy and exercise all human rights and fundamental freedoms With the rapid development of the internet, providing and promoting information accessibility is considered an important obligation for the State In the process of transforming international human rights law into domestic law, how to deal with the human rights protection of persons with disabilities and the obligations of the private sector to ensure persons with disabilities receive services and products that meet the requirements and principles of information accessibility has become a development issue in the new era Against the backdrop of the Convention on the Rights of Persons with Disabilities and in the context of the booming development of the cause of persons with disabilities in China, legal scholars, persons with disabilities, and organizations have jointly proposed the Beijing Initiative on the Principles of Information Accessibility for Science and Technology Products It clarifies that the private sector should embrace the human rights model advocated by the Convention in terms of information accessibility, and provide equal participation for persons with disabilities in the process of designing, producing and selling scientific and technological products The Initiative also states that the private sector should keep pace with the United Nation's sustainable development goals and the basic national policy of building a well-to-do society in an all round way, ensuring persons with disabilities are included within a moderately well-off society It also provides civil opinions on the formulation and clarification of relevant laws in the future.     

论现阶段我国妇女劳动权保护

劳动权是人权的重要组成部分。当今，我国正值全面建设和谐社会，而作为弱势群体之一的妇女，因受到性别歧视的影响，其劳动权长期无法得到伸张，且该问题在现阶段尤为突出。妇女是我国重要的劳动力资源和下一代孕育和哺育的承担者，因此，保护妇女劳动权就是保护生产力，就是提高民族素质，就是促进人的全面发展。如何以法律途径为之提供保障及公正，是目前急需解决的。     

Predicaments and Countermeasures of the Protection of Migrant Workers' Human Rights——From the Perspective of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

International migration mainly happens between the North and the South Mig rant workers have made important contributions to the inclusive growth and sustainable development of world economy, but their human rights are often violated In recent years, frequent extreme terrorists attacks and large-scale refugee influxes have triggered anti-for eign sentiment and policies in developed countries, which expose migrant workers to an unprecedented human rights crisis The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an important convention adopted by the United Nations that specially protects human rights of migrant workers However, as the convention has not been ratified by major developed countries where most migrant workers seek employment, the protection regime has an empty shell Developing countries where most migrant workers originate from should strengthen cooperation among themselves and urge developed countries to fulfill the duty of human rights protection by normalizing the status of migrant workers and that of members of their families in employment countries and ratifying the convention as soon as possible.     

How China Protects the Rights of Persons with Disabilities

China prioritizes the rights to survival and to development both in abstract terms and in practical terms in its human rights efforts. As early as the United Nations began to draft the Convention on the Rights of Persons with Disabilities, China maintained that the right to development should be part of human rights. In the implementation of the Convention, China focuses on the people's livelihood, passes laws and makes policies that protect disability rights, and even prioritizes the protection as part of its economic and social development initiatives, particularly poverty reduction and the effort to make China into a moderately prosperous society. In the international community, China advocates the inclusion of disability rights into international development agendas, and plays a leading role in the implementation of the United Nations' Transforming our World: The 2030 Agenda for Sustainable Development. China's unique way of protecting disability rights aptly demonstrates the country's efforts to realize the right to development for its people.     

“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.     

中国妇女权益保障的法制建设

1995年后,随着联合国第四次世界妇女大会的召开和中国依法治国方略的提出,妇女人权受到中国政府重视和社会各界的普遍关注。文章在总结十年来中国妇女权益保障法制建设成就的基础上提出健全法制是妇女权益保障的有效机制。     

韩国提高妇女地位机制的建立与发展--兼论对中国提高妇女地位机制的启示

根据“联合国妇女十年”的要求,韩国于1983年建立了“韩国妇女发展机构,”附设在政府的健康和福利部之下。第四次世界妇女大会后,韩国顺应建立和加强提高妇女地位国家机制的国际潮流,建立和完善了韩国政府的性别平等部和性别政策国家机制,将社会性别关注纳入政府政策制定和执行的主流,并不断提高国家机制的权威性、执行力、影响力和效力,有效地推动了韩国的性别平等事业和社会的可持续发展。韩国提高妇女地位的机制和推行社会性别主流化的模式,1999年被联合国妇女发展基金(UNIFEM)遴选为执行《消除对妇女一切形式歧视公约》(CEDAW)最佳的7个方式之一。其经验和做法可为中国加强和完善提高妇女地位的国家机制提供参考。     

Compromise and Change: Reconsideration on the Custody of Infants Act of 1839

The United Kingdom's Custody of Infants Act of 1839 is generally regarded as a signature instrument for women to gain guardianship of a child, and widely considered a product of the equal rights movement launched by women in England. It has played an important role in promoting women's equal rights and breaking patriarchal absolutism. However, there was much compromise in the legal basis for the legislation and the legal provisions, resulting in debates on the legislation that have greatly diluted the revolutionary significance of the Act. Starting with the Marxist argument on bourgeois family legislation, this paper analyzes the legislative and judicial practice of guardianship of minors before and after the promulgation of the Act in the United Kingdom. In view of its impact on the United Nations Convention on the Rights of the Child, this paper attempts to re-evaluate the historical status of this act.     

2019年美国侵犯人权报告(下)

五、弱势群体处境艰难美国作为世界上最大的发达经济体,至今拒绝批准《经济、社会及文化权利国际公约》《儿童权利公约》《残疾人权利公约》等多项核心国际人权公约。政府不仅缺乏足够的政治意愿改善弱势群体的处境,反而不断削减相关资助项目。数千万儿童、老年人、残疾人衣食无着,面临暴力、欺凌、虐待和毒品的威胁,令人匪夷所思。     

中国社会转型期的女职工劳动保护

中国正在进行社会主义市场经济的改革,在经济全球化和市场的共同作用下,中国女职工就业权利和劳动保护受到空前的冲击和挑战。一方面,大量出现女职工劳动保护不足的问题;另一方面,又存在女职工过度保护的问题;此外,还存在由于政府不再承担公共服务责任和监管力度弱化而出现的越提倡保护、对女职工就业越不利的复杂局面。本文参照全球化和对自由主义经济批判的框架,从国际劳工标准、社会性别平等和政府责任等角度,对上述现象进行了分析,探讨了《女职工劳动保护条例》修改中的基本原则和修改导向,并提出相关政策建议。     

The “Transcendental” Interpretation of the Concept of a Community with a Shared Future for Mankind: The Convention on the Rights of Persons with Disabilities and Its Implementation in China

The concept of a Community with a Shared Future for Mankind provides new theoretical support for the special protection of the rights of persons with disabilities. The Convention on the Rights of Persons with Disabilities is innovative in terms of its purposes and principles, logic and technology, and the actual implementation of the contracting parties, which is unique in the field of international human rights law. It is a "transcendental" interpretation of the concept of a community with a shared future for mankind and enhances the ethical values of international human rights law. The development of the cause of persons with disabilities in China is positively influenced by the values reflected in the concept of a community of shared Future for mankind and meanwhile highlights them, which provides "Chinese experiences" for the international cause of persons with disabilities.     

A Victim of Lies and Poison

正Raphael Lemkin, the Polish-Jewish lawyer who coined the word "genocide" and initiated the Convention on the Prevention and Punishment of the Crime of Genocide, the first human rights treaty adopted by the UN to prevent the recurrence of the atrocities of World War II, would turn in his grave to see "genocide" being bandied around so crassly to drum up Sinophobia.     

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.     

欧洲文化政策的主要原则

学术界对欧洲一体化的研究 ,主要集中在经济贸易和人权领域 ,而对文化政策很少涉及。事实上 ,自 1 954年欧洲委员会 1 4个成员国共同签署《欧洲文化协议》之后 ,欧洲的文化一体化进程不断推进 ,并形成了一系列文化政策 ,其影响力逐渐提高 ,适用范围不断扩大。     

The “Erga Omnes” of the Protection of Fundamental Human Rights and the “Complementary Protection” of Refugees Not Prescribed by the UN Convention Relating to the Status of Refugees

The United Nations Convention Relating to the Status of Refugees 1951 and its Protocol in 1967 set Four Essentials to limit the definition of "refugee". The concept of complementary protection emerged in academia and practice for those who, though they do not have the essentials,are in need of protection. Complementary protection is considered not only a moral obligation, but also a legal obligation. Although as the result of developing the principle of "non-refoulement" in international law, "complementary protection" should be limited when economic and social rights are concerned. The development of the non-refoulement principle and the emergence of "complementary protection" are based on the Erga Omnes of human rights. The International Court of Justice has restricted the emergence and evolvement of obligations Erga Omnes within the scope of obligations concerning fundamental and non-derogable human rights, and therefore,the application of "complementary protection" in protecting economic and social rights has been limited. Only when the unbalance of economic and social rights has been serious enough to impact other fundamental human rights will the obligation of "complementary protection" ensue.     

离婚妇女贫困化的制度探讨

随着中国离婚率的提高,离婚女性人群也逐步扩大。许多妇女离婚后生活陷入困境,使离婚女性贫困化成为一个社会问题。虽然造成离婚妇女贫困化的原因是多元的,但现行《婚姻法》、《劳动法》、《妇女权益保障法》等法律在保护女性权益的制度设计上存在着诸多不足,而相应的社会保障制度也远未完善,这些都加剧了离婚妇女的贫困状况。只有修正现行法律保护离婚女性权益上的制度缺陷,才能最大限度地减缓和消除离婚女性的贫困化问题。     

家庭工人体面劳动公约对中国立法的影响

本文评介了《2011年家庭工人公约》的基本精神和立法协商机制,对中国相关法律进行了性别审计。借鉴国际经验,提出并论证了一些立法建议,包括遵循人权普遍性和非歧视原则,打破劳动法不调整私人雇佣的思维定势,通过三方协商机制和社会对话确立家政工劳动保障标准。     

新时代的中国国际发展合作(下)

(五)促进性别平等妇女是推动社会发展和进步的重要力量。中国积极帮助发展中国家发展妇女事业,为妇女成长创造机会,支持和帮助妇女享有出彩的人生。加强妇女权益保障。落实习近平主席在联合国成立70周年系列峰会上提出的为发展中国家实施100个“妇幼健康工程”,这些工程陆续在柬埔寨、塞拉利昂、马拉维、佛得角等国落地,有效保障了当地妇女基本医疗卫生服务。