The COVID-19 pandemic has brought legal challenges to the containment measures adopted by European countries.During the outbreak and containment phase of the pandemic,most European countries adopted measures such as l...The COVID-19 pandemic has brought legal challenges to the containment measures adopted by European countries.During the outbreak and containment phase of the pandemic,most European countries adopted measures such as lockdowns and mandatory home quarantines based on the principle of risk prevention.However,Article 15 of the European Convention on Human Rights and judgments by the European Court of Human Rights require such measures to comply with the principle of proportionality.In view of this,this article examines the European Court of Justice’s loose judgments on the derogation measures during the pandemic,and the European Court of Human Rights’situational judgments in this regard.Based on the analysis of the legitimacy of the principle of risk prevention and the principle of proportionality in responding to public health emergencies,this article prudently examines and predicts the trend of applying the principle of proportionality of risk prevention for the European COVID-19 derogation measures from three perspectives of legitimacy,necessity,and feasibility.展开更多
Introduction After the birth of the Universal Declaration of Human Rights （UDHR）, ＂universal human rights＂ became a novel formal legal term both in the field of jurisprudence and in the international community. T...Introduction After the birth of the Universal Declaration of Human Rights （UDHR）, ＂universal human rights＂ became a novel formal legal term both in the field of jurisprudence and in the international community. The notion of ＂universal human rights＂ indicates the ideal of ＂all human rights for all.＂ As the provision in Article 2 of the UDHR stated： ＂Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, politi cal or other opinion, national or social origin, property, birth or other status.＂ However, some nonWestern govern ment officials and intellectuals have expressed doubts about the justifi ability of the term, which seems only to be a reflection of unique Western culture rather than Asian or Arabian ones. At the Vienna World Human Rights Conference, many heads of state said that universal human rights cannot be compatible with nonWest em culture. Even Lee Kuan Yew, the former leader of Singapore, declared in 1996： ＂Asian values are universal values. European values are European values.＇＇~ This statement is obviously a rejection of the idea that human rights are universal. In contrast, universal rights extremists and human rights activists and NGOs, such as Amnesty International and Human Rights Watch, try to propagandize unified international human rights standards and international human rights re gimes. The debate continues from the diplomatic field to the academic field. But, in the foreseeable future,展开更多
China＇s mainstream human rights theory has undergone tremendous changes since the reform-and-opening scheme was kicked off in the early 1980s. ＂Human rights,＂ which used to be seen as a concept of capitalist ideolo...China＇s mainstream human rights theory has undergone tremendous changes since the reform-and-opening scheme was kicked off in the early 1980s. ＂Human rights,＂ which used to be seen as a concept of capitalist ideology, is now an important part of the Chinese system of socialist values.展开更多
Introduction and Motivation Legal science and philosophy are two of the most important dis- ciplines in the field of human rights research, both of them assuming different roles and functions in human rights analysis...Introduction and Motivation Legal science and philosophy are two of the most important dis- ciplines in the field of human rights research, both of them assuming different roles and functions in human rights analysis. Scholars can discuss or debate from a philosophical per- spective such as where the ideology of human rights comes from, what the ontology of human rights is and whether people could legitimate human rights claims on the basis of natural morality.展开更多
基金the National Social Science Fund of China’s major project“Research on Legislation and Categorization in Emergencies”(20&ZD175)the National Social Science Fund of China’s project“Research on the Relationship between Constitution and International Law”(18BFX034)
文摘The COVID-19 pandemic has brought legal challenges to the containment measures adopted by European countries.During the outbreak and containment phase of the pandemic,most European countries adopted measures such as lockdowns and mandatory home quarantines based on the principle of risk prevention.However,Article 15 of the European Convention on Human Rights and judgments by the European Court of Human Rights require such measures to comply with the principle of proportionality.In view of this,this article examines the European Court of Justice’s loose judgments on the derogation measures during the pandemic,and the European Court of Human Rights’situational judgments in this regard.Based on the analysis of the legitimacy of the principle of risk prevention and the principle of proportionality in responding to public health emergencies,this article prudently examines and predicts the trend of applying the principle of proportionality of risk prevention for the European COVID-19 derogation measures from three perspectives of legitimacy,necessity,and feasibility.
文摘Introduction After the birth of the Universal Declaration of Human Rights （UDHR）, ＂universal human rights＂ became a novel formal legal term both in the field of jurisprudence and in the international community. The notion of ＂universal human rights＂ indicates the ideal of ＂all human rights for all.＂ As the provision in Article 2 of the UDHR stated： ＂Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, politi cal or other opinion, national or social origin, property, birth or other status.＂ However, some nonWestern govern ment officials and intellectuals have expressed doubts about the justifi ability of the term, which seems only to be a reflection of unique Western culture rather than Asian or Arabian ones. At the Vienna World Human Rights Conference, many heads of state said that universal human rights cannot be compatible with nonWest em culture. Even Lee Kuan Yew, the former leader of Singapore, declared in 1996： ＂Asian values are universal values. European values are European values.＇＇~ This statement is obviously a rejection of the idea that human rights are universal. In contrast, universal rights extremists and human rights activists and NGOs, such as Amnesty International and Human Rights Watch, try to propagandize unified international human rights standards and international human rights re gimes. The debate continues from the diplomatic field to the academic field. But, in the foreseeable future,
文摘China＇s mainstream human rights theory has undergone tremendous changes since the reform-and-opening scheme was kicked off in the early 1980s. ＂Human rights,＂ which used to be seen as a concept of capitalist ideology, is now an important part of the Chinese system of socialist values.
文摘Introduction and Motivation Legal science and philosophy are two of the most important dis- ciplines in the field of human rights research, both of them assuming different roles and functions in human rights analysis. Scholars can discuss or debate from a philosophical per- spective such as where the ideology of human rights comes from, what the ontology of human rights is and whether people could legitimate human rights claims on the basis of natural morality.
