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.     

On the Normative Structure of International Human Rights Treaties Monitoring Mechanisms and Its Legal Challenges

The Charter bodies established under the United Nations Charter and the treaty bodies established on the basis of international human rights treaties constitute the two major means of supervising the implementation of international human rights treaties.The treaty bodies responsible for monitoring the implementation of international human right treaties have gradually formed a four-fold supervision system consisting of state reporting,inter-state complaints,individual complaints and inquiry procedures.These quasi-judicial procedures are responsible for overseeing the implementation of international human right treaties.The practice of treaty body procedures has profoundly affected the development of modern international human rights law and is promoting the improvement of international human right treaty monitoring mechanisms.But due to the constraints of international politics,economic structure and related historical conditions,treaty bodies still face severe challenges.The improvement of the four major procedures will promote the development of the international human rights cause.     

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.     

New Understanding of the Socialist Human Rights Concept with Chinese Characteristics and its Practice: An Overview of the International Conference on the International Cooperation in Human Rights and the Chinese Perspective

The International Conference on the International Cooperation in Human Rights and the Chinese Perspective organized by the Institute of International Law, Chinese Academy of Social Sciences, took place in Beijing, China from October 22-23, 2016. Both Chinese and foreign human rights experts convened to exchange their opinions on the new development of the human rights theories and practices, especially from the Chinese perspective. The socialist concept on human rights with Chinese characteristics was discussed intensively during the meeting and new terms such as "the Human Rights Model of the South" and "the Human Rights Perspective of the South" were raised. The participants interpreted and summed up the experiences and features of the Chinese socialist human rights cause. The drafting and implementation of the Chinese National Human Rights Action Plans and the progress in the promotion of rule of law in China were mentioned. They highly valued the constructive roles played by China in the international human rights cooperation field, especially under the United Nations(UN) human rights regime and for the implementation of the UN 2030 Agenda for Sustainable Development.     

Multidisciplinary Research on the Disability Rights——The More the Better

Studies on the rights of persons with disabilities are typical of multidisciplinary research In recent years,following the adoption of the Convention on the Rights of Persons with Disabilities in particular,studies of the rights of the disabled have presented the following trends and features:diverse research angles,the expanding of the depth and width of research; a focus on personal experience and cultural interpretation; a concern for the impacts of multiple identities on the realization of individual rights; and a stress on empirical,participatory and emancipatory research Multidisciplinary disability right research is now at a preliminary stage and it is worth further development so as to promote the disability cause in China     

Interpretation of the Concept of the Right to Internet Access from the Perspective of International Law

The advent of the internet era breeds a new concept, namely, the right to internet access. Many countries and international organizations, as well as individuals, are advocating or have already embodied it as a basic human right, thus enhancing the issues of whether it should be incorporated into the macro system of international human rights. By analyzing the facts, this article points out that the international concept of the right to internet access should be distinguished from its domestic concept, for there are no legal sources about the right to internet access for guidance as with some treaties in the current international law, despite its close relationship with some existing rights such as the freedom of speech, press and assembly, or the right of equality, or the right to development. And there is still a long time before the legal value and related responsibilities as well as the boundaries about the right to internet access becomes a consensus in the international society. Even though there is quite a possibility, this right hasn't been embodied as part of international human rights, and thus hasn't made a legal concept in international human right law.     

The Logic of Change of the CPC's Human Rights Discourse Since the Founding of the People's Republic of China

Since the founding of the People's Republic of China70 years ago,the human rights discourse of the Communist Party of China has been constantly updated.In the early years of the founding of the People's Republic of China,the CPC spontaneously formed a collective discourse on human rights with the right to subsistence and self-determination as its core;in the 1980 s,in the process of reflection and refutation,the CPC paid more attention to individual rights,and gradually increased the sense of a human rights discourse with Chinese characteristics;since the 1990s,the CPC has combined the specific national conditions and the international environment to form a human rights discourse.The system of human rights discourse has been constructed in terms of the order of priority of human rights protection,path of human rights development,relationship between human rights and sovereignty,and development of the world human rights cause.Since the 18~(th) National Congress of the CPC,the CPC has put forward the idea that "living a happy life is the primary human right" at home and the idea of building a Community with a Shared Future for Human Beings for the world,and the discourse system of human rights with Chinese characteristics has gradually been improved.The independent variable of the change of human rights discourse of the CPC is the specific national conditions at different stages and the recognition of national identity formed on this basis.The other variable is the international environment and external relations that China is facing.     

Conflict and Balance Between the Right to Development and Environmental Rights:China's Practice

The right to development,the realization of which is subject to environmental rights,is an inalienable human right The principle of sustainable development is based on the right to development but is a development path designed to protect the environment The fact that environmental rights are not expressly stipulated in international human rights law does not deny its attribute as a human right Therefore,environmental rights and the right to development are equally important,conducive to the realization of human sustainable development through the protection of environmental rights In order to solve the contradiction between economic development and environmental protection in China,it is necessary to earnestly implement the Scientific Outlook on Development under strict judicial control in accordance with the law and to fully protect the public's rights to know concerning environmental information,and encouraging the public's participation in environmental decision-making     

The New Contribution to the Important Discourse on Human Rights by General Secretary xi Jinping

Under the background of the fact that human rights protection has become an important part of the socialist construction with Chinese characteristics in the new era, and with the international background of the strengthened trend of mainstreaming of human rights, Xi Jinping's series of speeches and the 19 th CPC national Congress reports comprehensively explained the construction of human rights in China and the development of the international human rights. The important discourse on human rights by General Secretary Xi Jinping is people-centered: people's yearning for a better life is our goal and reveals the source of human rights. Chinese dream is a dream of the country, of the nation, and of everyone in China. The close integration of individual and collective human rights points out that the state and people are important parts of collective human rights and it is an effective response to the "human rights over sovereignty" of Western countries. That there are not the best human rights, but the better ones; fighting for human rights is not always done, but always doing scientifically reveals the operational form of human rights. The right of survival and development is the primary human right; to attach importance to the right of peace conforms to the reality of our country and it has the support of the vast number of developing countries. Building a community with a shared future for human beings is a new vision for the development of the international human rights. only when the perfection and implementation of Constitution and law are paid attention to, and the democratization and legalization of the international human rights cause are promoted, can the guarantee be provided for the realization of human rights. The important discourse on human rights by General Secretary Xi Jinping is guided by Marxism, carries the communist party member's original intention of serving people and is deeply rooted in the masses of the people. It inherits the theory of "benevolence" and "harmony" in Chinese culture,stands at the height of history and times, and points out the direction for the all-round development of Chinese people and the overall progress of society, and for the liberation of all mankind. This scientific theory is successfully guiding China's human rights construction constantly towards new achievements and has had a profound and extensive impact on the international human rights cause.     

Global Human Rights Governance in the United Nations Arena:China's Participation and Contribution

This paper expounds how China participates in and contributes to global human rights governance from the perspective of its participation in United Nations' human rights affairs. For more than 70 years since the United Nations was founded, it has done a good deal of work in establishing the principles and standards for human rights, developing the connotation of human rights, setting up the international human rights treaty system, and reforming the specialized United Nations' body on human rights, and so on. Since the United Nations was founded, China has been an active participant in and made important contributions to global human rights governance under the framework of the United Nations' human rights conventions. It has contributed to the establishment of the principles and standards for human rights and the connotations of human rights. It has also actively joined international human rights treaties and conscientiously fulfilled its obligations.     

New Development Concept Guides the New Development of Human Rights Theory in China

The new development concept of innovation, coordination, green, openness and sharing has posed new requirements for the development of human rights theory in China. Innovation is the impetus and vitality for the development of human rights theory and is required for the study of human rights in terms of its content, method, and form. Coordination is the social basis for the development of human rights theory in contemporary China and human rights theory can be scientific and persuasive through coordination of the interests of all parties concerned. Green is the natural basis for the development of human rights theory in contemporary China and human rights theory can have rich connotations and far-reaching impact through ecological protection and environmental control. Openness is the international vision for the development of human rights theory in contemporary China and the international influence of human rights theory in contemporary China can be increased constantly through international exchange and dialogue on human rights theory. Sharing is the value pursuit for the development of human rights theory in contemporary China and human rights should be jointly constructed and shared by the entire people in an all-round way.     

试论我国刑法与《联合国反腐败公约》 的协调与立法完善

<联合国反腐败公约>的问世极大推动了国际反腐败事业的发展,中国对该公约的签署也表明了中国政府反腐败的坚定决心.但与公约的要求相对照,我国现行<刑法>还存在着诸多立法上的缺陷与空白,亟需进一步协调与完善.     

China's human rights development in the 1990s

The literature on human rights in China is dominated by incriminating documentation of abuses and a lack of theoretical consensus. But China's continuing economic reform has meant the need for Western industrialized countries to adjust their human rights policies on China. Emerging is the shift from the “sanction/isolation” approach to what some would call “positive engagement,” which is aimed at improving China's human rights situation through more international contact. In China, human rights development in the early 1990s can be characterized by the increasing use of Chinese law, and within that legal limit, a more open exercise of dissent and free speech as a basic human right, together with its adverse consequences.     

Positively Lead Sustainable Development and Effectively Implement the Right to Development: A Chinese Perspective

The concept and claim of the right to development is a major contribution of developing countries represented by China to the international human rights theories and system. China has been actively promoting sustainable development of the global economic, social and ecological environment and has made substantial contributions to global sustainable development. At the national level, China is committed to eradicating poverty and improving people's well-being. At the international level, China calls for the strengthening of the special mechanism for the right to development and attaches great importance to experience sharing and summarizing of the right to development. China's human rights cause has broad prospects for progress and will also make greater progress in safeguarding the right to development.     

The New Development Concept and the Protection of the Right to Development of Chinese Disabled Children

The new development concept proposed in the 5th Plenary Session of the 18 th CPC National Congress plays a significant role in protecting the right to development of vulnerable groups, including Chinese disabled children. Owing to the specialty of disabled children, their rights to education and to rehabilitation services are the core contents in facilitating the realization of the right to development of disabled children. Up to now, great progress has been made in the legislative and administrative protection of the right to education and the right to rehabilitation services of disabled children, but there are still some drawbacks. In terms of protecting the right to education of disabled children, the innovation is conducive to boosting the mechanism innovation represented by the pilot zones of special education reform; coordination and sharing are conducive to protecting the disabled children to realize the equal right to education; opening-up promotes absorbing the advanced experience of the international integrated education and sharing experience of Chinese special education. In terms of protecting the right to rehabilitation services of disabled children, innovative development boosts the mechanism innovation and the application of new technologies regarding disability prevention and the disabled rehabilitation; the coordinated and shared development pushes the equal realization of the right to rehabilitation services of disabled children; the green development requires the favorable ecological environment for the healthy development of disabled children; the open development promotes absorbing the advanced international experience and sharing experience from China.     

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.     

Influence of Karl Marx's Concept of Human Rights on Development of International Human Rights Discourse and Its Enlightenment Thereon

The controversy between Karl Marx's concept of human rights and the Western liberal concept of human rights has been a focus of the contest between Eastern and Western values for a long time.Based on historical materialism,Marxism exposes the incompleteness of the Western liberal concept of human rights in terms of human rights subjects,human rights objects and epistemology of human rights,and promotes gradual integration of norms of international human rights discourse,with international human rights instruments as a carrier,into pluralistic cultural perspectives.A review of such controversy and its influence on development of norms of international human rights discourse will be in the interest of China's objective response to Western export of human rights(democracy) discourse for the time being,and expanding space for discourse on human rights practice with Chinese characteristics.     

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。     

Thoughts on the Protection of the Right to Health of Elderly Women from the Perspective of Human Rights

The right to health is an important right in the human rights system.The full realization of the right to health is particularly important for ensuring the dignity and senior years of older women.In the process of China's economic and social development,the protection of the right to health of older women faces certain dilemma.China has the duty and responsibility to respect,protect and realize the right to health of older women.The country should actively fulfill its obligations and make continuous efforts to improve the protection of the right to health of older women through various practical channels and effective methods.