The legal protection of human dignity can be explored from the perspective of regulating“hate speech.”The practices of most countries worldwide demonstrate that human dignity serves as a fundamental value limiting t...The legal protection of human dignity can be explored from the perspective of regulating“hate speech.”The practices of most countries worldwide demonstrate that human dignity serves as a fundamental value limiting the freedom of expression.Legally protected human dignity encompasses three levels of meaning:the dignity of life as an inherent aspect of human existence,the dignity of individuals as members of specific groups,and the personal dignity of individuals as unique beings.These three levels collectively emphasize the principle that human beings are ends in themselves,underscoring that individuals must not be degraded to mere means or subjected to harm.The inherent nature of human dignity necessitates its protection by both the state and societal entities.Traditionally,the safeguarding of human dignity has primarily depended on state intervention.However,with the advent of the digital age,this responsibility has increasingly extended to social entities,imposing changes of enhanced and expanded obligations of respect.Consequently,the key to protecting human dignity lies in adjusting the allocation of responsibilities between the state and society in accordance with the development of the times.Under the guidance of human dignity as a constitutional value,China should focus on establishing a comprehensive protection system by improving legislation,law enforcement,and judicial practices.This includes specifying the obligations of social entities and constructing multi-level regulatory mechanisms to form an effective system of protection by the state and society.展开更多
Human dignity is a core concept in contemporary moral philosophy,political science,and jurisprudence.The“social status theory”proposed by Jeremy Waldron argues that human dignity is a social construct,focusing on th...Human dignity is a core concept in contemporary moral philosophy,political science,and jurisprudence.The“social status theory”proposed by Jeremy Waldron argues that human dignity is a social construct,focusing on the fundamental equal social status of individuals.It addresses behaviors of humiliation or devaluation by others,emphasizing both the negative prohibition of such harms and the positive promotion of protections against them.Unlike traditional theories of dignity that often rely on abstract or metaphysical justifications,the social status theory adopts a bottom-up approach grounded in the social practices of dignity.This perspective avoids entanglement in endless value debates over the concept and provides new rationale for affirming human dignity.Furthermore,it refines the understanding of human dignity by identifying three specific types of social harm to dignity and corresponding protective measures.The social status theory significantly mitigates cultural skepticism regarding the concept of human dignity,offering a relatively objective and practicable framework for defining dignity norms.Practically,the theory aligns well with the application of human dignity in both public and private law domains and effectively explains the concept as utilized in international human rights conventions and practices.While there is room for further refinement,the social status theory currently stands out as the most advantageous and robust framework for understanding and promoting human dignity.展开更多
Human dignity is widely regarded as the foundation of modern human rights concepts and norms.The doctrine of human dignity in Chinese culture enjoys a long and profound history,and the pre-Qin assertion that“humans a...Human dignity is widely regarded as the foundation of modern human rights concepts and norms.The doctrine of human dignity in Chinese culture enjoys a long and profound history,and the pre-Qin assertion that“humans are the most precious”is the most representative expression of human dignity.Ancient Chinese scholars’elaboration on dignity was ethically oriented;they affirmed that humans have the freedom to make moral choices in spirit and required them to assume moral responsibilities towards others and society.Since modern times,with the changes of the times and the introduction of Western liberalism,the traditional view of moral dignity has seen a significant expansion of its scope,incorporating freedom in economic,political,and social life into the category of human dignity and establishing a closer connection with human rights.In contemporary China,under the guidance of Marxism,the view of dignity regards the free,comprehensive,and common development of human beings as the intrinsic requirement and external manifestation of human dignity,takes the rights to subsistence and development as the primary and fundamental human rights,and comprehensively safeguards the dignity of every individual through the coordinated protection of economic,political,social,and cultural rights.展开更多
This essay aims to discuss and analyse Jane Eyre and Mr. Rochester's attitude towards love and marriage. Struggling for theequality of human dignity crosses through their love from beginning to end. Therefore, we ...This essay aims to discuss and analyse Jane Eyre and Mr. Rochester's attitude towards love and marriage. Struggling for theequality of human dignity crosses through their love from beginning to end. Therefore, we can draw a conclusion--True love and happymarriage are based upon the equality of human dignity between a couple.展开更多
In his government work report to the 3rd Session of the 11th National People＇s Congress （NPC） on March 5, 2010, Chinese Premier Wen Jiabao said： ＂Everything we do is to make the people live happier and more digni...In his government work report to the 3rd Session of the 11th National People＇s Congress （NPC） on March 5, 2010, Chinese Premier Wen Jiabao said： ＂Everything we do is to make the people live happier and more dignified,make the society more just and more harmonious.＂ This is held up by the media as the展开更多
Buying and selling abducted women or children are symmetrical crimes, but the “the same punishment for the same crime” is not applied. The focus of the criminal punishment for buying abducted women or children is no...Buying and selling abducted women or children are symmetrical crimes, but the “the same punishment for the same crime” is not applied. The focus of the criminal punishment for buying abducted women or children is not about increasing the statutory sentence, but strengthening judicial and law enforcement, to increase the prosecution rate and impose combined punishment for several crimes including the buying of abducted women or children and other subsequent crimes, so as to demonstrate the inevitability of criminal punishment. Human dignity is the core legal interest violated by the crime of buying abducted women or children. The specific legal interest is that humans are not for sale, which should be valued and protected independently in criminal law. This crime is a type of behavioral offense rather than a crime of circumstances. Under normal circumstances,neither the consent of the victim nor the goodwill of the purchaser excludes conviction of the crime. Compared with the crime of abducting and trafficking women or children, buying abducted women or children is not necessarily a serious crime, and the basic statutory punishment of less than three years is reasonable. However, it is possible to appropriately raise the sentence to less than five years in legislation.Where subsequent behaviors do not constitute a crime, they can be used as aggravating circumstances for the crime, and an aggravated statutory sentence can be configured to connect with the statutory punishments for the crime of abducting and trafficking women or children.展开更多
Luo Haocai, president of China Society for Human Rights Studies, delivered a speech at the opening ceremony of the 4th Beijing Forum on Human Rights on Sept. 21, 2011. The full text of his speech follows：
I. Introduction Human dignity manifests itself as respect for the humanity of all in- dividuals. Currently, China is in the historical period of transforming from ＂national prosperity＂ to ＂putting people first.＂ R...I. Introduction Human dignity manifests itself as respect for the humanity of all in- dividuals. Currently, China is in the historical period of transforming from ＂national prosperity＂ to ＂putting people first.＂ Respecting and protecting hu- man dignity marks its beginning and serves as its objective. Analysis of the value of human dignity and investiga- tion into realistic approaches to protect human dignity will be of practical and theoretical significance to the further advancement of the human rights cause in China.展开更多
From an academic point of view, human dignity is the source of human rights, and has a profound academic his-tory. Since the end of World War II, the issue of human rights has received great attention from the interna...From an academic point of view, human dignity is the source of human rights, and has a profound academic his-tory. Since the end of World War II, the issue of human rights has received great attention from the international community. So, human right theories, for which human dignity is the basic consideration, have developed continuously. In this era of advocating rights, human dignity and human rights protection are universal values and concepts, which were emphasized once again after World War II.展开更多
The 10^(th) version of the Declaration of Helsinki,adopted by the World Medical Association(WMA)General Assembly in October 2024,marks a significant milestone in the evolution of medical ethics.By replacing the term“...The 10^(th) version of the Declaration of Helsinki,adopted by the World Medical Association(WMA)General Assembly in October 2024,marks a significant milestone in the evolution of medical ethics.By replacing the term“subject”with“human participants”in its headline,this revision reaffirms the centrality of humanism as the ethical cornerstone of modern medical practice.1,2 This seemingly small yet profound change underscores that individuals involved in clinical trials are not mere data sources but active contributors to the advancement of medical science.展开更多
Despite almost halving the proportion of the world＇s undernourished over the past two and half decades, the number of undernourished people in the world remains staggeringly high. Efforts to address the global state ...Despite almost halving the proportion of the world＇s undernourished over the past two and half decades, the number of undernourished people in the world remains staggeringly high. Efforts to address the global state of food insecurity must target China and India, which are home to the world＇s highest and second highest number of undernourished people. This article analyzes the comparative experiences of tackling food security in China and India and adopts an inter-disciplinary approach, which melds legal, economic, and human perspectives to food security. Both China and India have made concerted efforts to improve food security of vulnerable populations in the past three decades. These efforts have historically focused on actively promoting grain production, which has been largely successful in achieving grain self-sufficiency and securing adequate availability of food for their populations. However, the contemporary challenges to food security are now increasingly driven by unsustainable dietary patterns and are exacerbated by growing populations, increasing wealth, and the globalization of food supply chains. As a result, the cause of food insecurity is no longer fundamentally about food supply, but rather about the extent to which marginalized populations are empowered with the rights, freedoms, and capabilities that enable them to attain healthy and productive lives. China and India apply markedly different approaches to address the issue of people＇s access to food. In India, the right to food movement has gained momentum through the work of civil society actors and there is now a legal right to food. In contrast, in China the right to food is neither stipulated in Chinese law nor referenced to in the official policy rhetoric as the country seeks to ensure access to food by focusing on poverty alleviation more generally through an income transfer program and a non-food based, social safety net to help the poor. At the same time, the Chinese population＇s high educational level provides enormous potential for effective interventions and education on nutrition and health. A comparison of the approaches to tbod security in China and India ultimately reminds us that eflbrts to tackle lbod insecurity must center on human dignity, which requires more wide-ranging investment in enhancing people＇s capabilities, combined with effective entbrcement of the right to food.展开更多
Human dignity arises from the dignity and respect people enjoy as members of the human community. The law decrees that human dignity does not involve approbation of someone's external qualities; rather, it is the ...Human dignity arises from the dignity and respect people enjoy as members of the human community. The law decrees that human dignity does not involve approbation of someone's external qualities; rather, it is the acknowledgement of equal status. Human dignity is not determined by positive law, but is above positive law, belonging to the category of preexistent norms that exist independent of positive law. Such norms form the basis for integrating legal systems. These permanent norms cannot be amended at will; they represent the general ethical principles of modern law. Human dignity is not a matter of rights or basic rights; rather, it represents one's position in society and equal legal status before the law. Many normative laws in China directly define humanity dignity, and affirm the guaranteeing of human dignity as the primary task of the state. Human dignity is related to people's survival and livelihood; thus a material foundation for the realization of dignity can be provided by providing material assistance and improving public services.展开更多
In modern Western liberal discourse, human dignity has been cast as an important component of basic human rights, while so-called human rights have been generally understood as certain inborn, inherent and inalienable...In modern Western liberal discourse, human dignity has been cast as an important component of basic human rights, while so-called human rights have been generally understood as certain inborn, inherent and inalienable properties of every human being. In this understanding, human dignity is just a natural endowment rather than a historically constructed social-cultural phenomenon. Based on this premise, liberalism is justified for the reason that under a social condition of complete freedom, individuals will spontaneously exercise their rights thus to secure their dignity. However, from a Confucian point of view, human dignity is socially defined and exists in concrete forms in social-cultural contexts. Dignity is not an abstract, universal, minimal standard that can be applied to all people at every time; it refers to individuals＇ decency and grace under various given social contexts, and it corresponds to particular roles, statuses and even ages and genders of individuals in their respective societies. The full realization of human dignity relies on certain social-cultural or institutional arrangements. Confucian li is precisely this kind of arrangement, which designs a whole set of regulations and norms in order to maintain human dignity in general, as well as to maintain different people＇s dignity in varying situations. Therefore, according to Confucianism, behaving appropriately according to the norms and regulations of li is just a way to preserve dignity.展开更多
Modernization,as a specific stage in the historical development of human society,possesses a multi-layered composite structure,with each layer playing both a promoting and inhibiting role in human development and dign...Modernization,as a specific stage in the historical development of human society,possesses a multi-layered composite structure,with each layer playing both a promoting and inhibiting role in human development and dignity simultaneously.Chinese modernization is a strategic choice made based on lessons learned from various experiences of modernization processes in other countries,reflecting judgments on the benefits and choices on the values of human development and dignity in modernization.It values the promotion of the free and well-rounded development of all individuals as its standard,demanding the full realization of the positive effects of modernization on human development and the overcoming of its negative effects.Human rights,aiming to promote the free and well-rounded development of every person as the ultimate value goal,are not only an intrinsic structural element of the modernization stage but also a social normative tool that restrains the direction of modernization development,aligning closely with the values pursued by Chinese modernization.Chinese modernization poses dual requirements for human rights protection:on the one hand,it demands the affirmation and promotion of the positive effects of modernization on human development and dignity through human rights standards,and on the other hand,it requires the prevention and mitigation of the negative effects of modernization on human development and dignity through human rights standards.There exists a certain tension between these two dimensions,necessitating an appropriate balance and thereby presenting corresponding requirements for China’s approach to human rights protection.展开更多
The Scarlet Letter is a novel written by the American romantic writer Nathaniel Hawthorne in the 19th century.It is not only the American romantic fiction masterpiece,but also known as the American psychological analy...The Scarlet Letter is a novel written by the American romantic writer Nathaniel Hawthorne in the 19th century.It is not only the American romantic fiction masterpiece,but also known as the American psychological analysis novel set article.And this paper aims at deploring Hawthorne’s humanism by analyzing the paradox of good and evil among the three main characters,Hester,Dimmesdale,and Chillingworth,which reveals in his praise for human dignity,his sympathy for the pressed,and his yearning for a more understanding society.展开更多
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...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 environmental personality rights faces bottlenecks such as the partiality of subjects,limitation of objects,and hysteresis of responsibilities in the protection of environmental personality rights.Environmental personality rights are supposed to reflect the needs of the development of modern human rights.We should expand the scope of its connotative power and function based on the Green Principle of the Civil Code,and follow a networked,typified,and systematic path of protection,so as to manifest the people-centered philosophy of the Civil Code and the Environmental Protection Law.展开更多
Jeremy Waldron’s philosophy of dignity is not a moral philosophy,but a legal philosophy,as he argued that dignity is a concept created by law and it is not of moral value.His concept of dignity as status is based on ...Jeremy Waldron’s philosophy of dignity is not a moral philosophy,but a legal philosophy,as he argued that dignity is a concept created by law and it is not of moral value.His concept of dignity as status is based on historicism and positivism.He believes that the development from an unequal society in ancient times to an equal modem society is a progressive history in which the dignity of ordinary people is being constantly improved.In modem society,the dignity of man means that all men are at the same rank and everyone has a lofty status.To a certain extent,Waldron’s theory of dignity as status transcends the Western ideology of liberalism and individualism and provides a relatively neutral theoretical basis for the universal acceptance and wide application of international human rights.Meanwhile,it provides new ideas for understanding the internal connections between rights and responsibilities,dignity and the state,as well as the dignity of individuals and the dignity of groups.In addition to the universal concept of dignity as status,Waldron put forward the compound concept of particular dignity to contain the values of human dignity in modem society.However,he denied the logical priority of the concept of dignity as a value and promoted the concept of dignity as a status at the ontological level,which could have the limitation of misplacing value from the perspective of moral philosophy.展开更多
With the advent of the learning age,the connotation of the“right to education”can no longer meet the requirements of personal and social development,so it is necessary to introduce the concept of the right to learn ...With the advent of the learning age,the connotation of the“right to education”can no longer meet the requirements of personal and social development,so it is necessary to introduce the concept of the right to learn with a richer connotation.As a basic human right,the proposal and guarantee of the right to learn directly respond to the practical problems in the information age and the learning age.The right to learn is fundamental freedom enjoyed by everyone to acquire useful knowledge,skill,value,spirit,and attitude through reading,watching,listening,thinking,researching,practicing,being educated,and other learning methods to develop and perfect a personality.The philosophical basis,connotation,attribute,extraterritorial legislative guarantee of the right to learn and the development of the times de termine it should be regarded as a basic human right.Treating the right to learn as a basic human right and systematically guaranteeing it through the amendment of China’s Education Law and other supporting legislation will contribute to the realization of this right,the improvement of national knowledge,and the progress of China’s social civilization.展开更多
Introducing the human rights perspective into the multi-dimensional governance of human genome editing activities would help define boundaries for the behaviors of stakeholders such as the state, researchers, ethics c...Introducing the human rights perspective into the multi-dimensional governance of human genome editing activities would help define boundaries for the behaviors of stakeholders such as the state, researchers, ethics committee members, and the public, and clarify specific practices of these subjects or entities to meet the requirements of human rights obligations. Based on the human dignity principle, humans must never be used as a means to an end in scientific research. The right to physical and mental health requires the implementation of the principles of informed consent, the primacy of life, and risk control in genome editing, as well as the proper treatment of embryos. The right to privacy corresponds to the confidentiality obligations and non-intervention obligations of relevant parties, and the protection of sensitive personal information points to the special compliance requirements regarding information processing. Differential treatment of genome-edited humans requires objective and reasonable justification, and should also meet the requirements of the proportionality principle.展开更多
The pervasive existence of subordination in the work-place endows workers’personality rights with a distinct specificity that differs from other civil subjects.The specificity of workers’personality rights is primar...The pervasive existence of subordination in the work-place endows workers’personality rights with a distinct specificity that differs from other civil subjects.The specificity of workers’personality rights is primarily manifested in three aspects:the exercise of rights is restricted by the employer;personality rights infringements often accompany violations of workers’economic property rights;and the scope of rights is not limited to the duration of employment.To respond to the specificity arising in the labor domain,certain disputes concerning workers’personality rights should be handled through labor dispute resolution procedures.In individual cases,judicial authorities should differentiate among protection levels based on the specific type of personality rights involved,with a focus on examining the reasons,methods,and extent of the employer’s restrictive actions,thereby establishing a practical and reasonable review system.。展开更多
文摘The legal protection of human dignity can be explored from the perspective of regulating“hate speech.”The practices of most countries worldwide demonstrate that human dignity serves as a fundamental value limiting the freedom of expression.Legally protected human dignity encompasses three levels of meaning:the dignity of life as an inherent aspect of human existence,the dignity of individuals as members of specific groups,and the personal dignity of individuals as unique beings.These three levels collectively emphasize the principle that human beings are ends in themselves,underscoring that individuals must not be degraded to mere means or subjected to harm.The inherent nature of human dignity necessitates its protection by both the state and societal entities.Traditionally,the safeguarding of human dignity has primarily depended on state intervention.However,with the advent of the digital age,this responsibility has increasingly extended to social entities,imposing changes of enhanced and expanded obligations of respect.Consequently,the key to protecting human dignity lies in adjusting the allocation of responsibilities between the state and society in accordance with the development of the times.Under the guidance of human dignity as a constitutional value,China should focus on establishing a comprehensive protection system by improving legislation,law enforcement,and judicial practices.This includes specifying the obligations of social entities and constructing multi-level regulatory mechanisms to form an effective system of protection by the state and society.
基金This paper is an interim result of the“Research on the Construction of China’s Independent Human Rights Knowledge System,”a major project of the National Human Rights Education and Training Base(Approval Number 24JJD820007).
文摘Human dignity is a core concept in contemporary moral philosophy,political science,and jurisprudence.The“social status theory”proposed by Jeremy Waldron argues that human dignity is a social construct,focusing on the fundamental equal social status of individuals.It addresses behaviors of humiliation or devaluation by others,emphasizing both the negative prohibition of such harms and the positive promotion of protections against them.Unlike traditional theories of dignity that often rely on abstract or metaphysical justifications,the social status theory adopts a bottom-up approach grounded in the social practices of dignity.This perspective avoids entanglement in endless value debates over the concept and provides new rationale for affirming human dignity.Furthermore,it refines the understanding of human dignity by identifying three specific types of social harm to dignity and corresponding protective measures.The social status theory significantly mitigates cultural skepticism regarding the concept of human dignity,offering a relatively objective and practicable framework for defining dignity norms.Practically,the theory aligns well with the application of human dignity in both public and private law domains and effectively explains the concept as utilized in international human rights conventions and practices.While there is room for further refinement,the social status theory currently stands out as the most advantageous and robust framework for understanding and promoting human dignity.
基金“Research on the Content and Realization Methods of Citizens’Participation Rights,”a major project(Project Number 21JJD820003)funded by the National Human Rights Education and Training Base of the Ministry of Education of China.
文摘Human dignity is widely regarded as the foundation of modern human rights concepts and norms.The doctrine of human dignity in Chinese culture enjoys a long and profound history,and the pre-Qin assertion that“humans are the most precious”is the most representative expression of human dignity.Ancient Chinese scholars’elaboration on dignity was ethically oriented;they affirmed that humans have the freedom to make moral choices in spirit and required them to assume moral responsibilities towards others and society.Since modern times,with the changes of the times and the introduction of Western liberalism,the traditional view of moral dignity has seen a significant expansion of its scope,incorporating freedom in economic,political,and social life into the category of human dignity and establishing a closer connection with human rights.In contemporary China,under the guidance of Marxism,the view of dignity regards the free,comprehensive,and common development of human beings as the intrinsic requirement and external manifestation of human dignity,takes the rights to subsistence and development as the primary and fundamental human rights,and comprehensively safeguards the dignity of every individual through the coordinated protection of economic,political,social,and cultural rights.
文摘This essay aims to discuss and analyse Jane Eyre and Mr. Rochester's attitude towards love and marriage. Struggling for theequality of human dignity crosses through their love from beginning to end. Therefore, we can draw a conclusion--True love and happymarriage are based upon the equality of human dignity between a couple.
文摘In his government work report to the 3rd Session of the 11th National People＇s Congress （NPC） on March 5, 2010, Chinese Premier Wen Jiabao said： ＂Everything we do is to make the people live happier and more dignified,make the society more just and more harmonious.＂ This is held up by the media as the
文摘Buying and selling abducted women or children are symmetrical crimes, but the “the same punishment for the same crime” is not applied. The focus of the criminal punishment for buying abducted women or children is not about increasing the statutory sentence, but strengthening judicial and law enforcement, to increase the prosecution rate and impose combined punishment for several crimes including the buying of abducted women or children and other subsequent crimes, so as to demonstrate the inevitability of criminal punishment. Human dignity is the core legal interest violated by the crime of buying abducted women or children. The specific legal interest is that humans are not for sale, which should be valued and protected independently in criminal law. This crime is a type of behavioral offense rather than a crime of circumstances. Under normal circumstances,neither the consent of the victim nor the goodwill of the purchaser excludes conviction of the crime. Compared with the crime of abducting and trafficking women or children, buying abducted women or children is not necessarily a serious crime, and the basic statutory punishment of less than three years is reasonable. However, it is possible to appropriately raise the sentence to less than five years in legislation.Where subsequent behaviors do not constitute a crime, they can be used as aggravating circumstances for the crime, and an aggravated statutory sentence can be configured to connect with the statutory punishments for the crime of abducting and trafficking women or children.
文摘Luo Haocai, president of China Society for Human Rights Studies, delivered a speech at the opening ceremony of the 4th Beijing Forum on Human Rights on Sept. 21, 2011. The full text of his speech follows：
文摘I. Introduction Human dignity manifests itself as respect for the humanity of all in- dividuals. Currently, China is in the historical period of transforming from ＂national prosperity＂ to ＂putting people first.＂ Respecting and protecting hu- man dignity marks its beginning and serves as its objective. Analysis of the value of human dignity and investiga- tion into realistic approaches to protect human dignity will be of practical and theoretical significance to the further advancement of the human rights cause in China.
文摘From an academic point of view, human dignity is the source of human rights, and has a profound academic his-tory. Since the end of World War II, the issue of human rights has received great attention from the international community. So, human right theories, for which human dignity is the basic consideration, have developed continuously. In this era of advocating rights, human dignity and human rights protection are universal values and concepts, which were emphasized once again after World War II.
文摘The 10^(th) version of the Declaration of Helsinki,adopted by the World Medical Association(WMA)General Assembly in October 2024,marks a significant milestone in the evolution of medical ethics.By replacing the term“subject”with“human participants”in its headline,this revision reaffirms the centrality of humanism as the ethical cornerstone of modern medical practice.1,2 This seemingly small yet profound change underscores that individuals involved in clinical trials are not mere data sources but active contributors to the advancement of medical science.
文摘Despite almost halving the proportion of the world＇s undernourished over the past two and half decades, the number of undernourished people in the world remains staggeringly high. Efforts to address the global state of food insecurity must target China and India, which are home to the world＇s highest and second highest number of undernourished people. This article analyzes the comparative experiences of tackling food security in China and India and adopts an inter-disciplinary approach, which melds legal, economic, and human perspectives to food security. Both China and India have made concerted efforts to improve food security of vulnerable populations in the past three decades. These efforts have historically focused on actively promoting grain production, which has been largely successful in achieving grain self-sufficiency and securing adequate availability of food for their populations. However, the contemporary challenges to food security are now increasingly driven by unsustainable dietary patterns and are exacerbated by growing populations, increasing wealth, and the globalization of food supply chains. As a result, the cause of food insecurity is no longer fundamentally about food supply, but rather about the extent to which marginalized populations are empowered with the rights, freedoms, and capabilities that enable them to attain healthy and productive lives. China and India apply markedly different approaches to address the issue of people＇s access to food. In India, the right to food movement has gained momentum through the work of civil society actors and there is now a legal right to food. In contrast, in China the right to food is neither stipulated in Chinese law nor referenced to in the official policy rhetoric as the country seeks to ensure access to food by focusing on poverty alleviation more generally through an income transfer program and a non-food based, social safety net to help the poor. At the same time, the Chinese population＇s high educational level provides enormous potential for effective interventions and education on nutrition and health. A comparison of the approaches to tbod security in China and India ultimately reminds us that eflbrts to tackle lbod insecurity must center on human dignity, which requires more wide-ranging investment in enhancing people＇s capabilities, combined with effective entbrcement of the right to food.
基金This paper is a phased result of the 2015 National Social Science Fund Key Project“A Study of Rule of Law Pathways to Promoting Judicial Credibility"(No.15AFX013).
文摘Human dignity arises from the dignity and respect people enjoy as members of the human community. The law decrees that human dignity does not involve approbation of someone's external qualities; rather, it is the acknowledgement of equal status. Human dignity is not determined by positive law, but is above positive law, belonging to the category of preexistent norms that exist independent of positive law. Such norms form the basis for integrating legal systems. These permanent norms cannot be amended at will; they represent the general ethical principles of modern law. Human dignity is not a matter of rights or basic rights; rather, it represents one's position in society and equal legal status before the law. Many normative laws in China directly define humanity dignity, and affirm the guaranteeing of human dignity as the primary task of the state. Human dignity is related to people's survival and livelihood; thus a material foundation for the realization of dignity can be provided by providing material assistance and improving public services.
文摘In modern Western liberal discourse, human dignity has been cast as an important component of basic human rights, while so-called human rights have been generally understood as certain inborn, inherent and inalienable properties of every human being. In this understanding, human dignity is just a natural endowment rather than a historically constructed social-cultural phenomenon. Based on this premise, liberalism is justified for the reason that under a social condition of complete freedom, individuals will spontaneously exercise their rights thus to secure their dignity. However, from a Confucian point of view, human dignity is socially defined and exists in concrete forms in social-cultural contexts. Dignity is not an abstract, universal, minimal standard that can be applied to all people at every time; it refers to individuals＇ decency and grace under various given social contexts, and it corresponds to particular roles, statuses and even ages and genders of individuals in their respective societies. The full realization of human dignity relies on certain social-cultural or institutional arrangements. Confucian li is precisely this kind of arrangement, which designs a whole set of regulations and norms in order to maintain human dignity in general, as well as to maintain different people＇s dignity in varying situations. Therefore, according to Confucianism, behaving appropriately according to the norms and regulations of li is just a way to preserve dignity.
基金a phased results of“Research on China’s Human Rights Practice Carrying Forward and Enriching the Common Values of All Humanity”(Project Approval Number 22ZDA127)a major project under the National Social Science Fund for expounding the spirit of the Sixth Plenary Session of the 19th Central Committee of the Communist Party of China。
文摘Modernization,as a specific stage in the historical development of human society,possesses a multi-layered composite structure,with each layer playing both a promoting and inhibiting role in human development and dignity simultaneously.Chinese modernization is a strategic choice made based on lessons learned from various experiences of modernization processes in other countries,reflecting judgments on the benefits and choices on the values of human development and dignity in modernization.It values the promotion of the free and well-rounded development of all individuals as its standard,demanding the full realization of the positive effects of modernization on human development and the overcoming of its negative effects.Human rights,aiming to promote the free and well-rounded development of every person as the ultimate value goal,are not only an intrinsic structural element of the modernization stage but also a social normative tool that restrains the direction of modernization development,aligning closely with the values pursued by Chinese modernization.Chinese modernization poses dual requirements for human rights protection:on the one hand,it demands the affirmation and promotion of the positive effects of modernization on human development and dignity through human rights standards,and on the other hand,it requires the prevention and mitigation of the negative effects of modernization on human development and dignity through human rights standards.There exists a certain tension between these two dimensions,necessitating an appropriate balance and thereby presenting corresponding requirements for China’s approach to human rights protection.
文摘The Scarlet Letter is a novel written by the American romantic writer Nathaniel Hawthorne in the 19th century.It is not only the American romantic fiction masterpiece,but also known as the American psychological analysis novel set article.And this paper aims at deploring Hawthorne’s humanism by analyzing the paradox of good and evil among the three main characters,Hester,Dimmesdale,and Chillingworth,which reveals in his praise for human dignity,his sympathy for the pressed,and his yearning for a more understanding society.
基金staged research result of the major project of the MOE Humanities and Social Sciences Project Base“Research on the Human Rights Value Connotation and Legal Guarantee in Xi Jinping’s Thought on Ecological Civilization”(Project Approval No.21JJD820007)+1 种基金the staged research result of the major project of the National Social Science Fund of China“Research on Establishing and Improving the Property Rights System for Natural Resource Assets”(Project Approval No.22ZDA109),aiming to study and interpret the spirit of the Sixth Plenary Session of the 19th CPC Central Committee。
文摘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 environmental personality rights faces bottlenecks such as the partiality of subjects,limitation of objects,and hysteresis of responsibilities in the protection of environmental personality rights.Environmental personality rights are supposed to reflect the needs of the development of modern human rights.We should expand the scope of its connotative power and function based on the Green Principle of the Civil Code,and follow a networked,typified,and systematic path of protection,so as to manifest the people-centered philosophy of the Civil Code and the Environmental Protection Law.
基金phased achievement of the“Research on Human Dignity from the Perspective of the Rule of Law Culture”,a Ministry of Justice’s ministerial scientific research project on the Construction of the Rule of Law and Legal Theory in 2021(21SFB2004)。
文摘Jeremy Waldron’s philosophy of dignity is not a moral philosophy,but a legal philosophy,as he argued that dignity is a concept created by law and it is not of moral value.His concept of dignity as status is based on historicism and positivism.He believes that the development from an unequal society in ancient times to an equal modem society is a progressive history in which the dignity of ordinary people is being constantly improved.In modem society,the dignity of man means that all men are at the same rank and everyone has a lofty status.To a certain extent,Waldron’s theory of dignity as status transcends the Western ideology of liberalism and individualism and provides a relatively neutral theoretical basis for the universal acceptance and wide application of international human rights.Meanwhile,it provides new ideas for understanding the internal connections between rights and responsibilities,dignity and the state,as well as the dignity of individuals and the dignity of groups.In addition to the universal concept of dignity as status,Waldron put forward the compound concept of particular dignity to contain the values of human dignity in modem society.However,he denied the logical priority of the concept of dignity as a value and promoted the concept of dignity as a status at the ontological level,which could have the limitation of misplacing value from the perspective of moral philosophy.
基金supported by the Fundamental Research Funds for Central Universities and Jinan University’s Research Center for Party’s Regulations。
文摘With the advent of the learning age,the connotation of the“right to education”can no longer meet the requirements of personal and social development,so it is necessary to introduce the concept of the right to learn with a richer connotation.As a basic human right,the proposal and guarantee of the right to learn directly respond to the practical problems in the information age and the learning age.The right to learn is fundamental freedom enjoyed by everyone to acquire useful knowledge,skill,value,spirit,and attitude through reading,watching,listening,thinking,researching,practicing,being educated,and other learning methods to develop and perfect a personality.The philosophical basis,connotation,attribute,extraterritorial legislative guarantee of the right to learn and the development of the times de termine it should be regarded as a basic human right.Treating the right to learn as a basic human right and systematically guaranteeing it through the amendment of China’s Education Law and other supporting legislation will contribute to the realization of this right,the improvement of national knowledge,and the progress of China’s social civilization.
基金phased result of the project “study on the legislation of genome editing in human embryos”(Project No. 19SFB2035)National Rule of Law and Legal Theory Research Program by the Ministry of Justice in 2019。
文摘Introducing the human rights perspective into the multi-dimensional governance of human genome editing activities would help define boundaries for the behaviors of stakeholders such as the state, researchers, ethics committee members, and the public, and clarify specific practices of these subjects or entities to meet the requirements of human rights obligations. Based on the human dignity principle, humans must never be used as a means to an end in scientific research. The right to physical and mental health requires the implementation of the principles of informed consent, the primacy of life, and risk control in genome editing, as well as the proper treatment of embryos. The right to privacy corresponds to the confidentiality obligations and non-intervention obligations of relevant parties, and the protection of sensitive personal information points to the special compliance requirements regarding information processing. Differential treatment of genome-edited humans requires objective and reasonable justification, and should also meet the requirements of the proportionality principle.
文摘The pervasive existence of subordination in the work-place endows workers’personality rights with a distinct specificity that differs from other civil subjects.The specificity of workers’personality rights is primarily manifested in three aspects:the exercise of rights is restricted by the employer;personality rights infringements often accompany violations of workers’economic property rights;and the scope of rights is not limited to the duration of employment.To respond to the specificity arising in the labor domain,certain disputes concerning workers’personality rights should be handled through labor dispute resolution procedures.In individual cases,judicial authorities should differentiate among protection levels based on the specific type of personality rights involved,with a focus on examining the reasons,methods,and extent of the employer’s restrictive actions,thereby establishing a practical and reasonable review system.。
