The Environmental Human Rights under the Perspective of Basic Rights——An Analysis of the dilemma Facing the legalization of environmental Rights

Given the dilemma facing legalization on environmental rights, it is necessary to re-examine the nature and function of environmental human rights under the theoretical system of basic rights. Its justification approach follows a logical chain from a rights-based approach to basic rights. The difficulty in legalizing environmental rights reflects the disputes over the basis for environmental law. Reconstructing the right-based approach in environmental law can justify the rights-oriented path to the environmental rule of law. The basic rights system with human rights as the core can explain the constitutional environmental human rights. As the basic rights not enumerated in the Constitution, the environmental human rights have such functions as the right of self-defense, the right to benefit, and institutional, organizational and procedural guarantees due to its dual nature of subjective right and objective law.     

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.     

Protect Rights and Interests of the Handicapped

Yuncheng is a city in the southwestern part of North China's Shanxi Province. It has a handicapped population of 223,000 or 4.5% of the total population of 4.985 million. The city has made big progress in protecting the rights and interests of handicapped people since the handicapped associations were set up at the city and county levels.     

Unenumerated Rights Clauses and the System of Restriction on Fundamental Rights——Another Construction Plan for Article 51 of the Constitution of PRC

According to constitutional jurisprudence in China,Article 51 of the Constitution is an unenumerated restrictive clause.Such theoretical construction fails to justify the differentiated restrictions established in the Constitution and makes it difficult to explain the constitutional status of human dignity. Article 51 implies the possibility of other theoretical constructions. It is not an unenumerated restriction clause but an unenumerated rights clause. It aims to provide guarantees for genera...     

Diversity of Civilization and Development of the World Human Rights Cause——Summary of “2019 South-South Human Rights Forum”

From December 10 to 11,2019,the State Council Information Office and the Ministry of Foreign Affairs jointly held the 2019 South-South Human Rights Forum in Beijing.Participants from more than 80 countries,regions and international organizations discussed and exchanged views on such topics as "the practices and experiences of human rights protection in the countries of the Global South","path of human rights development against the background of the diversity of civilizations","building a Community with a Shared Future for Human Beings and global human rights governance".Participants in the forum actively voiced their national human rights views,exchanged human rights development experiences,explored human rights development paths in developing countries,and reached broad consensus.In an international environment featuring the rise of unilateralism and hegemonism,the South-South Human Rights Forum issued a strong message of solidarity and cooperation among developing countries on human rights issues,and also conveyed to the world the firm determination of developing countries to jointly promote the healthy development of the world's human rights cause.     

Protection of the Rights and Interests of AIDS Patients——Problems discovered from the AIDS Legal-Counseling Hotline

Over the past year, the Legal Counseling Hotline opened by the Beijing Aizhixing Health Education Institute has received more than 200 calls and acted as a law agent for 87 cases. Problems covered include the seeking of legal aids for cases of AIDS infection by blood transfusion and the use of blood products and for cases of virus hepatitis, the protection of privacy of AIDS patients.     

Deepening Reform,Enhancing Human Rights Development——Summary of the Symposium on Human Rights Construction and Reform

<正>At the end of 2013,theGraduate School of theC h i n a U n i v e r s i t y o fPolitical Science and Laworganized a symposium on HumanRights Construction and Reform andactivities at the university in com-memoration of the 65th anniversaryof the adoption of the UniversalDeclaration of Human Rights.LuoHaocai,who was vice chairmanof the 10th National Committeeof the Chinese People’s PoliticalConsultative Conference and presi-dent of the China Society for HumanRights Studies(CSHRS),PresidentHuang Jin of the China Universityof Political Science and Law,andnearly 50 scholars from the Civil andCommercial Law School,China-EUSchool of Law and the InternationalInstitute of Confucianism also at-     

Human Rights Diplomacy with Mysterious Glow of Religion——On the US International Religious Freedom Act of 1998 and the US Human Rights Diplomacy

International Religious Freedom Act of 1998 In October 1998, the Clinton Administration produced the International Religious Freedom Act of 1998 (IRFA). It is one of the important laws passed by the US Congress in recent years. The act is very complicated. The main sections can be summarized as follows: (1) Appointment of an Ambassador at Large for International Religious Freedom to head an Office on International Religious Freedom within the Department of State;     

The Relationship between Human Rights and Development——A Brief Analysis of the Perspectives of Chinese Scholars and the Practice of Chinese Government

With the change and development of the concept of human rights, the thinking about the relationship between human rights and development is becoming more and more deeply. Under this background, the author profoundly realizes that both recognizing the economic development as the first priority like some developing countries do and considering the human rights to be the most important thing as most developed countries do are unilateral and harmful to the social progress. Human rights and development are interdependent and mutually promoting each other. This paper introduces the three main viewpoints of the relationship between human rights and development. Based on the changes of the attitudes of the UN and China to the relationship between human rights and development, this paper holds that though it is a great progress for the Chinese government to understand that human rights and development are interdependent, there are still lots of difficulties in realizing their mutually benefiting relationship in reality. These difficulties are due to the lack of professionals who enjoy good understandings of the rules for social development and are capable of practicing human rights theories. Therefore, the authors suggest that the promotion of human rights education is instrumental to the development and progress of human society.     

Human Rights Consensus and the Common Prosperity of Civilizations——A Summary of Views at the “2018·China-Europe Seminar on Human Rights”

The "2018·China-Europe Seminar on Human Rights" was successfully held at the College of Europe in Bruges, Belgium, on June 28. The seminar was hosted by the China Society for Human Rights Studies and the International Institute of Human Rights, and was organized by the Human Rights Institute at the Southwest University of Political Science and Law and the French ADELIE Language and Cultural Exchange Association. The University of Strasbourg, Vrije Universiteit Brussel and European Institute for Political and Strategic Communication were served as co-organizers. Over 60 experts and scholars in the field of human rights from China and Europe attended the seminar in search of the diversity of civilization and human rights protection, focusing on themes such as "the philosophy of human rights in a Chinese context", "the philosophy of human rights in the Universal Declaration of Human Rights and its reflection", "human rights theory and practice in a pluralistic world", "human rights exchanges and dialogues under the diversity of civilization", and "in search of human rights consensus in diverse civilizations." In the context of respecting diversity, the seminar sought a consensus to promote trans-cultural communication in the form of dialogues and to strengthen understanding between the academic circles of China and Europe.     

The Development and Contribution of the Case-law of the Inter-American of Court of Human Rights

It is with particular satisfaction that I accede to the invitation to write this Preface to Dr. Gu Shengkai's book "International Human Rights Law: Inter-American Theory and Practice". I first met Dr. Gu Shengkai at the University of Nottingham, United Kingdom, on 09 December 2002, when I there delivered a public lecture, at the Human Rights Law Centre of its School of Law, on "Recent Developments in the Case-Law of the Inter-American Court of Human Rights". Ever since his successful completion at that University, Dr. Gu Shengkai pursued patiently his line of research on the subject-matter of his present book. The outcome of his research, his present book, gives testimony of all his endeavours in examining the subject in a proper perspective.     

New Realms and New Highlights in the Legal Protection of Human Rights——Theoretical and Practical Innovations in the Legal Protection of Human Rights Since the 18th CPC National Congress

<正>Since the 18 th National Congress of the Communist Party of China(CPC),the system for the legal protection of human rights under socialism with Chinese characteristics has experienced innovative development.In particular,the Decision on Certain Key Issues on Comprehensively Deepening Reform,which was adopted by the Third Plenary Session of the 18th CPC Central Committee,     

Promoting the Common Development of Education and Protection of Environmental Rights

Environmental rights are important rights that have been written into fundamental human rights since the 1970s.With economic globalization and scientiic and technological progress,it is more and more important to educate and protect environmental rights worldwide.As a large developing country,China has signiicant responsibilities in the field of global environmental safety.     

Human Rights as Unique Rights——an analysis of Raz's Political Concept of human Rights

The practice of international human rights has led to the development of the political notion of human rights in contemporary times and triggered the theoretical reflection on "what are human rights " The natural rights view, which is based on human nature, regards human rights as universal moral rights owned by everyone against all others.holding a different perspective from the natural rights view, Raz, the representative of the political notion of human rights, bases his view on the political function of human rights in restricting national sovereignty in international practice and defines human rights as the legal rights enjoyed by everyone against the country since the end of the World War ii, which should be enforced by fair and reliable international institutions.Unavoidably, Raz's concept of human rights has been subject to questioning and criticism by natural right theorists.The controversy around Raz's concept of human rights shows that: on one hand, the Western academic circle has not readied a basic consensus on the understanding of human rights based on international human rights practice; on the other hand, it deeply reveals the theoretical need for the international community to reach a basic consensus on international human rights practice in the historical context of the changing international legal order.     

China's Contributions to South-South Human Rights Governance: Concept and Practice——In the Vision of Global Human Rights Governance

Currently, human rights governance in Global South countries faces non-traditional human rights challenges in addition to the traditional ones. The view of human rights governance dominated by Western liberalism is already overstretched when facing the human rights governance dilemma of the less-developed countries. The proposal to build a community with a shared future for mankind as well as The Belt and Road have contributed new Chinese wisdom and action plans for South-South cooperation and global governance rights both theoretically and practically, which has important significance for easing the predicament of the human rights protection in the Global South.     

Protection of Women's Rights Means Human Rights Protection——Marking the 30th anniversary of the Convention on the Elimination of All Forms of Discrimination against Women

On December 18, 1979, the 34th General Assembly of the United Nations adopted the Convention on the Elimination of All Forms of Discrimination against Women with an overwhelming majority of the votes in its favor. Over the past 30 years, the Convention has come to     

On the Construction and Application Scenarios of——Analysis of Environmental Personality Interests Based on Human Rights

Environmental personality interests based on human rights reflect the multiple values of ecological order, ecological justice, and ecological freedom, and are closely linked to the protection of the right to life and the right to health. They are also related to human dignity and the personal freedom of civil subjects and conform to formal and essential standards of personality rights, which should be included in the scope of personality rights for protection. The construction and application of...     

Building International Consensus and Working Together to Advance the Development of the Global Human Rights Cause——summary of Academic Views at the Forum on Global human Rights Governance

On June 14-15,2023,the Forum on Global human Rights Governance,jointly hosted by the state Council Information office,the Ministry of Foreign Affairs,and the China International Development Cooperation Agency,was held in Beijing under the theme of“Equality,Cooperation and Development:The 30th Anniversary of the Vienna Declaration and Programme of Action and Global human Rights Governance.”Participants conducted in-depth discussions and exchanges on topics such as“International Cooperation and Gl...     

Human Rights NGOs and the United Nations Human Rights Council——Participation by the China Society for Human Rights Studies in the Universal Periodic Review Mechanism

<正>Since its founding in 1993,the China Society for Human Rights Studies(CSHRS)has extensively participated in the human rights work of the United Nations(UN)and has actively carried out international exchange and coop-eration.In May 2012,the UN Human Rights Council(UNHRC)initiated the second round of country reviews on human rights.As China’s biggest hu-man rights research organization and enjoying special consultative status within the UN Economic and Social Council,CSHRS organized the com-pilation of an NGO shadow report and     

Inclusion of Human Rights in the Constitution——An Important Milestone in China's Human Rights Development

On March 14, 2004, a proposed amendment to the Constitution was adopted by the Second Session of the Tenth National People's Congress (NPC), which stipulates clearly that "the state respects and safeguards human fights." This is the first time that the concept of "human rights" has been included in the Constitution—a major event in the development of China's democratic constitutionalism and political civilization, and an important milestone in human rights progress in China.