Assessment of Human Rights Action Plans and Use of Its Results from a Global Perspective

Since the World Conference on Human Rights in 1993,more than a quarter of the participating countries have developed National Human Rights Action Plans(NHRAPs)to promote human rights.An assessment of the NHRAPs can help to understand the realities of the implementation,improve the quality of the follow-up plan,and improve the effectiveness of the plan in the implementation process.From the texts and practices of the NHRAPs,such an assessment includes the "self-assessments" of the plans' implementers,comprehensive assessments of inter-departmental committees(groups),and evaluations of policy objects,social organizations and human rights experts.The assessment methods include field research,qualitative evaluation,indicator measurement and process monitoring,among other things.The results of the assessment can promote the cohesion between the NHRAPs in different periods,promote the accumulation and transmission of the implementation experience of the plan,and promote the optimization and adjustment of related matters during the implementation period.     

On the Relations Between National Security and Human Rights Defined in the Constitution of the People's Republic of China

Counterterrorism, de-radicalization and anti-violence are the major tasks of the international community.As the arch enemy of human rights, terrorism destroys the constitutional order and endangers people's lives, freedom and safety.It is the obligation of modern countries and the core value of legal states to safeguard human rights.Human rights should be effectively safeguarded under the premise of building a sound constitutional order and national security.public order and social stability foster a sound environment for the protection of human rights.In the face of terrorism's severe threat to human rights, all countries are re-examining the order of human rights values and seeking mechanisms and procedures to balance National Security and Human Rights through their constitutions.The concepts of human rights and social order and the ways to explain the two are different due to different constitutional systems and cultural and religious traditions.However, they do have something in common, that is, counterterrorism and de-radicalization do not conflict with human rights protection.Efforts should be made to foster a view of human rights based on security and a view of security based on human rights, and a dynamic principle of proportionality established for counterterrorism and human rights protection, so endowing the traditional principle of proportionality with flexible, rich value connotation.     

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.     

Connection Between Policies and Laws on Human Rights Protection:Case Study of the National Human Rights Action Plans

China's National Human Rights Action Plans connect policies and laws on human rights protection in terms of ideas,procedures,and contents.The functions of the connections are the guidance to local policymaking,the promise of state commitment,and the linkage to international human rights goals.At the practical level,the enhancement of the connection between policies and laws will promote the effectiveness of human rights protection.In order to improve the rationality of human rights policies,there should be more researches on National Human Rights Action Plans,and more public participation in the process of the Plan drafting.     

Pursuit of Excellence: The Past Development and New Progress of the Human Rights Action Plans of China

Since the Vienna Declaration and Programme of Action in 1993 recommended that countries formulate national human rights action plans, many countries have carrie...     

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.     

On the Making and Significance of the Universal Declaration of Human Rights

The Universal Declaration of Human Rights was the first common commitment of the international community to human rights. It demonstrated the belief and determination of humanity to maintain peace, democracy and human dignity. The process of formulating the Declaration was difficult. But in the spirit of cooperation,countries finally succeeded in reaching a consensus on human rights.The making of the Universal Declaration of Human Rights had great value and significance for promoting world peace and development,and it has had a far-reaching impact on the rule of law in international human rights and the development of the human rights legal systems in various countries. A re-examination and analysis of the process of formulating the Universal Declaration of Human Rights will help us understand the purposes and objectives of the Declaration and review the great value of the spirit of the Declaration to the world today.     

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.     

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.     

On the Parliament Participation in the Universal Periodic Review of the United Nations Human Rights

Whether, and if so how, parliaments should participate in the Universal Periodic Review mechanism of the UN Human Rights Council is emerging. Due to their unique contributions to human rights protection and promotion, parliaments should participate in the process. Furthermore, some parliaments are already involved in this mechanism, including drafting national reports, engaging in interactive dialogues, and the implementation of review recommendations. In the past two rounds of reviews, China's National People's Congress has a positive record in this regard, but it should play a more active role in ratifying or acceding to international human rights conventions.     

The Universal Declaration of Human Rights and the “Spirits” of Confucian Ethics

At present, the value revealed in the Universal Declaration of Human Rights is under attack, and the consensus on human rights value is experiencing division globally,which asserts that "human rights can only be provided by paradox". The root of this is that" reason ",the metaphysical nature of human rights proclaimed in the Universal Declaration of Human Rights,is infinitely magnified while the " spirit " is ignored. History and philosophy show that the Universal Declaration of Human Rights entails the Confucian ethical " spirit ".At this time,this potential factor is gradually emerging in the course of world history and became a force to bridge the global division of human rights values. The significance of Confucian ethics " spirit " to the Universal Declaration of Human Rights lies in: from the perspective of " spirit ", its holistic view, bridging individual rights and collective rights; its relational view focuses on the realization of human rights and transcends the " paradox of human right; progressing from the value consensus to common action, so that in the process of judging the progress of human rights in the world, we consider not only the value consensus, but also the common action.     

Building a Community with a Shared Future for Human Beings: New Opportunity for South-South Human Rights Development Overview of the First South-South Human Rights Forum

From December 7 to December 8, 2017, the State Council Information Office and the Ministry of Foreign Affairs jointly organized the first South-South Human Rights Forum in Beijing. With the topic of "Building a Community with a Shared Future for Human Beings: New Opportunity for South-South Human Rights Development," participants conducted in-depth discussions on topics including "global human rights governance", "inclusive development and South-South human rights cooperation", "China and the SouthSouth cooperation", "right to education for the countries of the Global South" and "poverty reduction, right to food and right to health", which achieved great consensuses and yielded results. This Forum was the first time that countries of the Global South have jointly discussed human rights issues.     

A Summary of the Seminar on “Construction of China's Human Rights Discourse System in the New Era”

A seminar on Construction of China's human Rights discourse System in the new era was held in Central South University(CSU) on April 12, 2018. The event was sponsored by the China Society for human Rights Studies and the Publicity department of the hunan Provincial Committee of the Communist Party of China, and hosted by the CSU Research Center for human Rights and the CSU School of law. nearly 70 experts and scholars in law, international relations, and communication from institutes of higher learning, research institutions, and practical work departments from around the country shared their opinions on three topics: Cultivation of a Chinese human Rights discourse System in the new era, Communication of the Chinese human Rights discourse in the new era, and Chinese human Rights discourse and International human Rights Governance in the new era. They conducted an in-depth discussion on enhancing human rights self-confidence, grasping the characteristics of the new era and the general development trend, consolidating consensus between domestic and overseas human rights discourses, and effectively carrying out international human rights exchanges. Fully reflecting the in-depth thinking and insights of attending experts and scholars on the matter, the seminar effectively promoted the development of research on Construction of China's human rights discourse system in the new era.     

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。     

Constitutional Environmental Rights: An Investigation and Analysis Based on Constitutional Texts of All Countries

Although the academic community still has some theoretical divergences on whether environmental rights should be a basic human right or a basic constitutional one, there are an increasing number of countries including this right in their constitution. Based on the constitutions in 193 countries, this paper aims to examine the fundamental situation of incorporating environmental rights into a constitution. It has been concluded that environmental protection as a right is written into a constitution in three aspects, namely, as a constitutional right, a civic duty, and a national policy, principle or social goal. Through summarizing these, this paper argues that including environmental rights in a country's constitution is the means by which all citizens shall enjoy a good, healthy, sustainable and harmonious environment suitable for their development, have timely and comprehensive access to reliable information about environment, participate in making public decisions related to the environment, and ask for legal remedies and compensation for any infringement on their environmental rights, or injury or damage to their environmental property. But even after environmental rights are incorporated into a constitution, there may be theoretical and practical difficulties in their implementation.     

More Tangible Human Rights

正At the 47th Session of the United Nations Human Rights Council(UNHRC),which opened on June21,more than 90 countries expressed their support for China in regard to its stance on human rights.The vote of support thwarted attempts on the part of several Western countries to trip up China' s development by fueling misleading rumors about China' s overall human rights situation.     

论中国保障妇女权益法律理念的变迁——以《妇女权益保障法》及各地实施办法修改为例

本文基于《妇女权益保障法》及各地实施办法的修改,比较系统地论述了中国保障妇女权益法律理念的变迁。本文认为,《妇女权益保障法》及各地实施办法较好地吸收、借鉴了近年来保障妇女权益理论的主要研究成果,充分体现了坚持以人为本、维护社会公平正义、尊重和保障妇女人权等社会主义法治理念。     

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.     

论国际刑法的正义价值

从法的属性看,国际刑法本质上是一种国家之间的制度,国际刑法的正义价值观首先源自国内刑法的正义价值观。由于现行国际法体系中没有超国家机构的存在,且国际法与国内法的渊源不同,国际刑法与国内刑法有相互符合的正义要素,但这些要素在各自领域中又存在着明显的内涵差异。国内刑法正义价值赖以支撑的平等、公平和正当等要素,急需国际刑法以立法和司法的实践加以确认和吸纳,并同时承袭国际法固有的正义基石。从国际人权法的视角分析,国际刑法的正义价值在于尊重和保护人权。国际法体系内的人权法与国际刑法,因正义价值的关联而构成了既对立又统一、相伴相生的矛盾共同体。     

The Paris Principles and the Establishment of a NHRI in China

China should study the National Human Rights Institution(NHRI) mechanism, establish a NHRI and take the issue seriously. The author firstly points out that NHRIs play the roles of "actors for change", "urgers for reason" and "protectors for rights", which make them possible for protecting human rights. Secondly, China's current human rights protection mechanism has some imperfections, which can be improved by the NHRI, therefore, the establishment of a NHRI in China becomes a necessity. Finally, the author puts forward feasible suggestions on the type, principles, functions and implementing steps for the establishment of a NHRI in China.