Equal reproduction rights? The right to found a family in United Nations’ disability policy since the 1970s

ABSTRACT

With the adoption of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) in 2006, disability as an issue of human rights and international law can no longer be ignored. The history of this convention can be traced back to the 1970s, when disability was framed in United Nations (UN) declarations as a human-rights issue at the global level. One of the recurrent topics of debate during this trajectory was the right of people with disabilities to found a family. This right was far from self-evident and was evaluated very differently by various stakeholders.

This study follows the right to have a family in UN disability policy since the 1970s. The history of the family in relation to disability at the global level has been a neglected field of enquiry compared to other concepts such as gender and race. This study investigates how and why the right to found a family was framed in the Declarations on the Rights of Mentally Disabled Persons (1971) and Disabled Persons (1975), the International Year of Disabled Persons (1981), the International Decade of Disabled Persons (1983 ? 1992), the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (1993) and the UNCRPD in 2006.

The trajectory of the right of people with disabilities to found a family that emerges from these cases shows a change in the 1990s from a social-policy to a human-rights approach towards disability – which reflects a broader trend in global and local histories of human rights. In the case of reproductive rights of people with disabilities this change meant that the emphasis was laid more on providing a legal protection for the individual against the interference of others (so-called negative freedom) than on enhancing the opportunities for disabled people to practice their (positive) freedom.     

仲裁:文物国际争议解决的新路径

文物非法流转的迅速蔓延致使国际争议大量发生,尽管对其解决有多种机制可供选择,但每种机制自身存在的缺陷却限制了其有效性的发挥。同时由于各国法律的差异、国际合作的匮乏,使这一问题始终难以得到根本解决。仲裁,作为一种开放、灵活的路径,将为文物国际争议的解决注入新鲜血液。以海牙国际仲裁院(PCA)为基础,建立专门的文物国际争议仲裁庭将是目前适宜的选择。     

论国际河流后开发国家的权利与义务

国际河流后开发国家特殊的地理位置使其对国际河流的开发会对先开发国家的既得利益产生重要影响.国家对位于其领土内的国际水资源享有主权是后开发国家对国际河流享有开发利用权最主要的法理基础,“先占主义”理论在国际实践中鲜获支持,国际仲裁、判例进一步确认了后开发国家开发利用国际水资源的权利和义务.故国际河流后开发国家享有开发利用国际河流的权利,同时也应承担相应的国际责任和义务.我国作为大部分国际河流的后开发国家也应受到启示,以实现国际水资源的可持续利用.     

Food Brexit and Chlorinated Chicken: A Microcosm of Wider Food Problems

This paper situates food safety concerns raised in the Brexit debate since the referendum and suggests that, although the issue of chlorinated chicken entered public discourse, it represents wider concerns about food safety standards. Food safety has had high resonance in the UK since the 1980s, but Brexit shows how it connects to wider concerns also raised about Brexit, such as impacts on healthcare, the effects of austerity on food poverty, the limitations of low waged employment, concerns about migration and labour markets, and regional economic disparities. Brexit’s impact on the UK food system is immense because food has been highly integrated into EU governance. While food standards can be portrayed as a single narrow issue, the paper suggests it provides a useful lens with which to examine, interrogate and comprehend these wider Brexit politics. The complex realities of food politics and wider food system dynamics undermine any simplistic political narrative of ‘taking back control’.     

Interactive governance and implementation effectiveness in India's National Health Insurance Program

Many public sector programs, such as those directed at public health, are often multiagency tasks where structural incongruity in the program design is liable to emerge over time from changing operational requirements. Yet, successful implementation remains possible because of the interactions and relationships between implementation parties that encourage cooperation and collaboration despite incongruence in the program design. We examine how the dynamics of these interparty relationships influence implementation success in a comparative study of India's National Health Insurance Scheme. We find that implementation parties exhibiting support and complementarity in their interactions created a virtuous cycle of continually encouraging better performance and vice versa. Thus, our findings exhibit a distinct functionary role of interparty interactions and relationships for eliciting effective implementation and governance. The analysis also showcases the need for policy makers and policy designers to be cognizant of the inadvertent introduction of structural inconsistencies and veto points into program designs and their potential influence on implementation outcomes.     

Subnational Governments in the Negotiation of the Multiannual Financial Framework 2014–2020: The Case of Spain

The negotiation of the Multiannual Financial Framework 2014–2020 has been an outstanding topic on the agenda of the EU during the past few years, on which subnational units also tried to have a say. In this article we analyse the formal institutional framework available for the Spanish Autonomous Communities to participate in the negotiation of the Cohesion Policy 2014–2020 and the Common Agriculture Policy 2014–2020. By analysing this participation, this text explores how this institutional framework has evolved during the past few years and how the Autonomous Communities could represent their interests at the domestic and supranational level within these crucial negotiations.     

以报国情怀铸造对外学术交流的“中国印”——财税法学研究会国际战略发展纪实

中国财税法学研究会坚持"站在中国看世界,站在世界看中国"的国际发展战略,形成了具有中国特色的对外学术交流与合作的思路、理念和原则,对外交流与合作之路越走越宽,大大加快了中国财税法学科学发展的进程。     

20世纪70年代美国在鄂霍次克海的谍报活动探析

美国海军和美国国家安全局(NSA)等部门于20世纪70年代联合发起了在鄂霍次克海海域窃听苏联海底通讯电缆的谍报活动,它曾被认为是美国现代史上最成功的情报搜集活动之一,此即"常春藤之铃"行动。其起根发由、运策决机及东窗事发都有着比较深刻的历史背景。冷战后美国针对有关国家的类似谍报活动远未停止。     

金砖四国金融服务贸易国际竞争力研究

近年来,国际服务贸易发展迅猛,日益成为衡量一个国家竞争力的重要指标。随着金融市场的逐步开放,中国、印度、俄罗斯和巴西被称为金砖四国的金融服务贸易得到快速发展。但在对金砖四国金融服务贸易指标的比较中我们发现,中国的金融服务贸易不仅远远落后于世界平均水平,在金砖四国内部比较中也处于劣势地位。针对我国金融服务贸易现阶段的情况,我们要加快实施"走出去"战略,提升营销能力,加强金砖四国在金融领域的合作,完善金融体制,改变增长方式,学习香港经验,增强资源整合优势,进一步拓展金融服务外包市场,加强对金融服务贸易人才的培养和引进等措施来提高中国金融服务贸易的国际竞争力。