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.     

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.     

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.     

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...     

The Practical Basis and Theoretical Innovation of Human Rights in Contemporary China——Theory of Human Rights Structure Moving towards Developmentalism

The practice of human rights in contemporary China puts forward an urgent demand for the innovation in human rights theories.On the basis of summarizing the practice of human rights in contemporary China,the developmental theory of human rights holds that human rights are the value consensus and social norms fostered by the common crisis faced by all human beings under the background of globalization of market economy.The free,comprehensive and harmonious development of all people is the ultimate goal of human rights.Taking the right to human development" as a purposive right can provide more enlightening explanations for the relational structure of human rights.     

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-     

On Some of US Human Rights Concepts——A Tentative Analysis

With the advent of the era of economic globalization, the United States has intensified its human rights cultural expansion as the base of its human rights diplomacy. Some people in the United States are trumpeting about "human rights dialogue" to engage in "transnational civil society" movement to sell "universalism." This new development in the US human rights culture merits full attention. This paper tries to make an initial analysis of this development for discussion with experts and scholars.     

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     

Protecting Women''''s Rights and Interests,Promoting Human Rights of All——An interview with Huang Qingyi, Vice-Chairperson of All-China Women''''s Federation

Women's human rights are an important component part of human rights. The Chinese government has over the years made equality between men and women a basic state policy and made achievements that have attracted worldwide attention in the legislation and practice on protecting the rights of women. Not long ago, Ms. Huang Qingyi, Vice-Chairperson of the All-China Women's Federation, granted an interview with this reporter and answered questions on related issues.     

The Pathway to Legitimacy and Universality of Human Rights from a Cross-Cultural Perspective——A Brief Review of An-Na'im's Theory of Human Rights Legitimacy and Dialogue

Within the international human rights circle,Abduliahi AhmedAn-Na'im is regarded as a representative of Southern voices."Under such a circumstance that the confrontation between the West and non-Western countries on human rights has become a routine reality,An-Na'im advocates a contingent universality of human rights or "contingent universality of human rights," and insists that the universality of human rights be based on the cultural legitimacy of human rights.While he sees the internal dialogue of human rights in all non-Western countries,including Islamic ones,as a basic way to ensure the international human rights standards be accepted gradually,he also believes the cross-cultural dialogue among different societies can eventually lead to the reconstruction of the legitimacy of international human rights standards or even the standards themselves.An-Na'im's theory of moderate cultural relativism points a way to achieve universality of human rights for developing countries,but there are a few questions that need to be further addressed.     

Behind the Statue of Liberty——Human Rights Record of the United States of America in 2001

The US Sate Department has always professed to be a "Judge of Human Rights in the World." Year upon year, it issues country-specific human rights reports, accusing more than 190 countries and regions, including China, of their human fights conditions. Yet it tums a blind eye to its own. It is just behind the "Statue of Liberty'" that hides serious infringements upon human rights.     

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.     

International Human Rights Mechanism and Construction of Harmonious Human Rights Relations

The international human rights mechanism is a product of the pursuit for peace and justice of the human society.As the core values of the internation- al human rights mechanism,the universal human rights standards provide the international community with a basic path of human rights development in different countries.In recent years a limited few of countries have utilized the universal human rights standards to promote their own strategic wills,and interfere in the     

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;     

Human Rights Implications of Bringing the Building of a Moderately Prosperous Society in All Respects to a Successful Completion——From the perspective of the Developmentalism of Human Rights

The Developmentalism of Human Rights provides a broader perspective for a comprehensive and profound understanding of the human rights implications of bringing the building of a moderately prosperous society in all respects to a successful completion.From the perspective of the Developmentalism of Human Rights,bringing the building of a moderately prosperous society in all respects to a successful completion takes promoting the all-round development of human beings as the starting point and end point,which embodies the ultimate goal of human rights to guarantee everyone's free,comprehensive and coordinated development;the specific goals and tasks set by bringing the building of a moderately prosperous society in all respects to a successful completion respond to the four means rights to subsistence,freedom,participation and equal protection.The realization of the goals and tasks of completing the process of building a moderately well-off society in all aspects marks a higher level of safeguarding the right to development,and also opens a new journey for all members of the society to develop freely,comprehensively and harmoniously.     

Human Rights Education in the Perspective of International Human Rights Law

In a statement issued on the 2004 World Human Rights Day, Ms. Louse Arbour, United Nations High Commissioner for Human Rights, described human rights education as a strategy for attainment of "human rights for all," as a basic means for developing a universal culture of human rights, as an instrument for promoting equality and involvement of the people in decision-mak-ing under democratic mechanisms, and as an investment to prevent infringements upon human rights and to ward off conflicts of violence. It should be noted that so much importance attached by UN human rights organ to human rights education epitomizes the empowering characters of human rights education and the functions it performs in the global human rights system.     

Protect Lawful Rights and Interests of Farmer-Workers——Report of an investigation to Shanghai and Jiangsu

On June 22-30, an investigation group made up of Vice-President Chen Shiqiu and a number of executive council members of the ChinaSociety for Human Rights Studies, and experts and scholars on human rights, conducted investigation in Shanghai and Wuxi, Zhenjiang and Changzhou in Jiang-     

Algorithm Regulation Under the Framework of Human Rights Protection——From the Perspective of Toronto Declaration

The application of artificial intelligence algorithms in public services brings with it issues such as algorithmic discrimination and inequality.The discussion of the ethics and regulation of algorithms,from the legal perspective,is actually the relationship between intelligent algorithms and the protection of human rights.In response to the discrimination and prejudice of algorithmic violations of human rights,a coalition of nonprofit organizations released the Toronto Declaration on Machine Learning regulates the development and use of algorithms with the principle of "due process." The Ethics Guidelines for Trustworthy AI issued by the European Union in 2019 focus on the participants in algorithm development.While US courts that the algorithms enjoy the right to "freedom of speech".China should learn from the foreign algorithm regulation experience,and seek to establish an overall framework of government regulation that balances the need for technological innovation and commercial competition with human rights protection.     

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.     

Important Guarantee for The Basic Rights of Citizens——China's State compensation system

A common folk can sue an official? This was hardly possible in the past in China where the old feudalistic tradition dies hard. But this is really possible today when the common people cannot only sue officials and also get compensation if they are wronged. State compensation system It would be inevitable for government functionaries to cause damages to some citizens, legal persons or other organizations in the course of their management of the society. That is why China has established a State compensation system to compensate for the damages to citizens, legal persons and other organizations caused by government functionaries in exercising their power.