As a public policy,the Human Rights Action Plan of China provides a clear roadmap for achieving the phased goals of human rights education development.The evolution of human rights education policies over the four edi...As a public policy,the Human Rights Action Plan of China provides a clear roadmap for achieving the phased goals of human rights education development.The evolution of human rights education policies over the four editions demonstrates a clear and distinct logic of progression:human rights education in primary and secondary schools has shifted from fostering students’awareness of human rights to establishing human rights values;human rights education in higher education has transitioned from the construction of single human rights course to the systematic development of human rights disciplines;human rights knowledge training has evolved from disseminating basic human rights knowledge among legal and political workers to cultivating a human rights mindset among public officials;and the popularization of human rights knowledge has moved from enhancing communication effectiveness to strengthening cultural confidence in human rights.These shifts reflect the characteristics of the policy evolution of human rights education,which are unified in their gradual and continuous nature,responsiveness and forward-looking nature,and value-oriented and contemporary nature.Fundamentally,the gap between the current state of human rights education development and policy goals serves as the intrinsic driving force for the evolution of human rights education policies.While the external factors influencing the evolution of policy content mainly include the human rights cause’s contemporary context,historical achievements,and current needs.Looking ahead to the future development of human rights education,it is essential to continuously innovate human rights teaching methods,enrich the content of human rights education,improve relevant institutional guarantee mechanisms,strengthen the construction of multi-stakeholder collaborative human rights education teams,compile and publish high-quality human rights textbooks,and increase the intensity of human rights knowledge training for journalists,in order to create a favorable public opinion atmosphere and cultural environment for the development of China’s human rights cause in the new era.展开更多
In 2024,China’s human rights research has assumed a distinct“autonomy-oriented shift,”with scholars beginning to refine and construct uniquely Chinese and locally identifiable human rights concepts,categories,and d...In 2024,China’s human rights research has assumed a distinct“autonomy-oriented shift,”with scholars beginning to refine and construct uniquely Chinese and locally identifiable human rights concepts,categories,and discourses.Building an independent human rights knowledge system has become a core academic focus in China’s human rights research field.Upholding fundamental principles and breaking new ground are the key methodological principles for the process.China’s human rights research should be rooted in the“cultural lineage”by preserving the essence of fine traditional Chinese culture,guided by the“moral lineage”by adhering to the Marxist view on human rights,and anchored in the“Four-sphere Confidence”by upholding a distinct human rights development path,so as to define the historical coordinates and value stance of China’s independent human rights knowledge system.Meanwhile,it should maintain a high degree of openness in knowledge,theory,and methodology to address emerging rights demands and contribute to building a new global human rights governance order,so as to underscore the mission of China’s independent human rights knowledge system in the contemporary era and China’s responsibility as a major global actor.China’s human rights research should uphold the dialectical unity between the fundamental principles and innovations,and advance the systemic and theoretical interpretation of its independent human rights knowledge.展开更多
On July 25,2025,the second China-Latin American and Caribbean States(China-LAC)Roundtable on Human Rights was held in Sao Paulo,Brazil.More than 130 participants from 20 countries,including Brazil,Argentina,Bolivia,an...On July 25,2025,the second China-Latin American and Caribbean States(China-LAC)Roundtable on Human Rights was held in Sao Paulo,Brazil.More than 130 participants from 20 countries,including Brazil,Argentina,Bolivia,and Chile,conducted in-depth discussions centering on the theme of“China-Latin American and Caribbean States Community with a Shared Future and the Development of Human Rights.”The forum published the Sao Paulo Consensus on China-Latin American and the Caribbean States Human Rights Communication and Cooperation,and launched the China-Latin American and Caribbean States Human Rights Research and Cooperation Network.Participants spoke highly of the development and progress of the human rights cause since the founding of the People’s Republic of China.In particular,in recent years,based on the existing high-level economic and trade cooperation,China-LAC exchanges and cooperation in the field of human rights have made rapid progress and remarkable achievements,effectively enhancing bilateral mutual trust.Looking ahead,efforts should be made to advance the joint building of a China-Latin American and Caribbean States Community with a Shared Future and the development of the human rights cause of both sides,build on development cooperation,strengthen governance coordination and exchanges and mutual learning,carry out more joint actions in the field of human rights,so as to make greater joint contributions to the advancement and development of the world’s human rights cause.展开更多
At the 2024 China-Europe Seminar on Human Rights,over 60 experts and scholars from 16 countries gathered to discuss“Safeguarding Emerging Rights:Perspectives from China and Europe.”The seminar highlighted that the g...At the 2024 China-Europe Seminar on Human Rights,over 60 experts and scholars from 16 countries gathered to discuss“Safeguarding Emerging Rights:Perspectives from China and Europe.”The seminar highlighted that the global new round of technological revolution and industrial transformation,along with changes in production methods and social structures,as well as the rising awareness of human rights,have led to the emergence of many new rights.At the same time,these developments have also given traditional human rights new digital forms.The constant emergence of new rights concepts poses challenges to the traditional human rights theoretical framework and has sparked numerous debates within the international community regarding human rights theory and practice.On issues like economic equality and social rights,particularly emerging rights topics such as climate and human rights and digital human rights,countries should focus on balancing the relationship between individuals,society,and nature and seek a path for the sustainable existence and development of humanity.The core principle for protecting emerging rights should be“humanity first,”and true multilateralism should be embraced to prevent imbalances in the global governance of emerging rights.Open and fair cooperation should help build consensus and provide solutions for the global protection of emerging rights.展开更多
The incorporation of human rights clauses into the constitution has propelled the innovation of fundamental rights hermeneutics in terms of the subjects of the legal relationships of fundamental rights,the nature of f...The incorporation of human rights clauses into the constitution has propelled the innovation of fundamental rights hermeneutics in terms of the subjects of the legal relationships of fundamental rights,the nature of fundamental rights,the forms of state obligations,the scope of fundamental rights,among other aspects.Regarding the subjects of the legal relationships of fundamental rights,human rights clauses have expanded the subjects of fundamental rights from citizens to natural persons.They have also narrowed down the duty-bearing subjects directed by fundamental rights in clauses that do not define duty-bearing subjects from all entities to state public power.Additionally,in fundamental rights clauses that stipulate private entities as duty-bearing subjects,the duty-bearing subjects have been narrowed down from all private entities to social public power entities.In terms of the nature of fundamental rights,human rights clauses have endowed each specific basic right with dual characteristics of the right to respect and the right to protection.Regarding the forms of state obligations,human rights clauses have established the state obligations corresponding to each specific basic right as obligations to respect and to protect.In terms of the scope of fundamental rights,human rights clauses do not have the function of independently justifying unenumerated fundamental rights,but they can assist other clauses in justifying unenumerated fundamental rights,thereby expanding the scope of fundamental rights to a limited extent.展开更多
The Chinese perspective is an open and evolving theoretical system.From a spatiotemporal viewpoint,it can be theoretically distilled into such four dimensions as the world dimension,the historical dimension,the practi...The Chinese perspective is an open and evolving theoretical system.From a spatiotemporal viewpoint,it can be theoretically distilled into such four dimensions as the world dimension,the historical dimension,the practical dimension,and the theoretical dimension,which collectively form a“unified framework of four”of logical construction.The“world”dimension represents the synchronic extension of human rights practices,outwardly touching on the shared values of all humanity guided by relational rationality and the vision of a community with a shared future for humanity.The“historical”dimension reflects the diachronic extension of China’s path of human rights development,encompassing the cultural subjectivity of Chinese civilization and the complex context of modern human rights endeavors.The“practical”dimension serves as the“meta-perspective”of contemporary Chinese perspective on human rights,where the leadership of the Communist Party of China and the people-centered approach constitute the fundamental stance for developing the perspectives of human rights and human rights governance.The“theoretical”dimension focuses on the deconstruction and reconstruction of indigenous human rights notions,emphasizing a set of values that are confident,inclusive,equitable,shared,and forward-looking.The“world”dimension of“taking the world as a method”,provides a reference perspective for“taking China as a method”narrative centered on the“historical-practical-theoretical”framework,while the latter injects a human rights methodology grounded in Chinese wisdom into the former.By integrating these four dimensions,a more profound and comprehensive understanding of the value core and normative paradigm of contemporary Chinese perspective on human rights can be achieved.展开更多
Xi Jinping,general secretary of the Communist Party of China(CPC)Central Committee pointed out that development is an enduring theme of human society,the master key to solving all problems,and the crucial means to ens...Xi Jinping,general secretary of the Communist Party of China(CPC)Central Committee pointed out that development is an enduring theme of human society,the master key to solving all problems,and the crucial means to ensuring the people’s well-being.The right to development is an inalienable human right.Only by focusing on development can we create a solid material foundation for the realization of all basic rights,tackle the challenges in human rights protection,and advance the cause of human rights,thus continuously meeting the people’s aspiration for a better life.展开更多
Abu Dhabi’s projects adopt a four-tier and bottom-up governance and control mode for shareholder rights exercise.Every major decision of the operating company is subject to tiered discussions at shareholder meetings,...Abu Dhabi’s projects adopt a four-tier and bottom-up governance and control mode for shareholder rights exercise.Every major decision of the operating company is subject to tiered discussions at shareholder meetings,totaling over 600 such meetings annually.Decisions are initially made at professional technical workshops,then communicated to subcommittee meetings,and subsequently to asset group meetings,undergoing tiered approval until final ratification by the board of directors.展开更多
Xi Jinping,general secretary of the Communist Party of China(CPC)Central Committee,delivered an important speech at the Commemoration of the 80th Anniversary of the Victory of the Chinese People’s War of Resistance A...Xi Jinping,general secretary of the Communist Party of China(CPC)Central Committee,delivered an important speech at the Commemoration of the 80th Anniversary of the Victory of the Chinese People’s War of Resistance Against Japanese Aggression(1931-1945)and the World Anti-Fascist War.展开更多
The year 2025 marked the 80^(th) anniversary of the founding of the United Nations(UN).Over the past eight decades,the UN has played an irreplaceable and important role in safeguarding peace and security,advancing eco...The year 2025 marked the 80^(th) anniversary of the founding of the United Nations(UN).Over the past eight decades,the UN has played an irreplaceable and important role in safeguarding peace and security,advancing economic and social development,and protecting human rights.展开更多
The Journal of Human Rights publishes original works in law,philosophy,political science and other disciplines which deal with concepts,measurement tools and policy alternatives from human rights perspectives.Please s...The Journal of Human Rights publishes original works in law,philosophy,political science and other disciplines which deal with concepts,measurement tools and policy alternatives from human rights perspectives.Please submit your manuscripts to the following e-mail address:JHRsubmissions@cupl.edu.cn.展开更多
During the 6Oth session of the UN Human Rights Council,the China NGO Network for International Exchanges(CNIE),China Ethnic Minorities Association for External Exchanges,Universal Rights Group,and organisations from C...During the 6Oth session of the UN Human Rights Council,the China NGO Network for International Exchanges(CNIE),China Ethnic Minorities Association for External Exchanges,Universal Rights Group,and organisations from China and abroad.展开更多
Climate change poses a severe and urgent threat to human rights,with small island states bearing a disproportionate share of this adverse impact.Although the international community is addressing this issue through th...Climate change poses a severe and urgent threat to human rights,with small island states bearing a disproportionate share of this adverse impact.Although the international community is addressing this issue through the dual pathways of climate change law and human rights law,the effectiveness remains relatively limited,leaving the human rights of climate migrants in a predicament of lacking adequate protection.The Australia-Tuvalu Falepili Union Treaty reached between Australia and Tuvalu at the end of 2023 represents the latest practical development in this field.The emergence of the Treaty has promoted further interaction and integration between the two systems of climate change law and human rights law,filling the gap in international law regarding the protection of human rights of climate migrants to a certain extent.However,while the provisions in the Treaty that cede sovereign rights in exchange for human rights protection possess a certain degree of legality,they run counter to climate justice and lack a foundation of legitimacy.In essence,such provisions not only do not contribute to the improvement of international rule of law but also exacerbate the conflicting relationship between human rights protection and sovereign independence.The geopolitical considerations reflected in the Treaty may push the protection of human rights of climate migrants toward becoming a security issue with political attributes,thereby affecting the geopolitical pattern of the Pacific region and hindering cooperation between China and small island states in relevant fields.China should assess the possible development trends and potential impacts of the Treaty,promote the coordinated governance of the human rights law and climate change law systems under the guidance of a holistic and systematic perspective,carry out targeted cooperation with small island states on the basis of respecting sovereignty,and build China’s independent system for protecting the human rights of climate migrants.展开更多
During the“Axial Age,”Chinese civilization experienced a distinctive human rights awareness characterized by its endogeneity,autonomy,and originality.This awareness,based primarily on humanism,populism,and naturalis...During the“Axial Age,”Chinese civilization experienced a distinctive human rights awareness characterized by its endogeneity,autonomy,and originality.This awareness,based primarily on humanism,populism,and naturalism,emphasized respect for human beings,highlighting the importance of caring for,respecting,and protecting people,and focusing on“benefiting the people,”“nurturing the people,”“enriching the people,”and“prospering the people.”It reflected an awareness of human rights such as the rights to life,personality,subsistence,development,and environment.This human rights awareness,oriented towards values such as“achieving benevolence,”“valuing goodness,”“revering righteousness,”“cherishing harmony,”and“seeking the public good,”established a cognitive logic that unifies human nature,virtue,and rationality.It featured a human rights spirit that is not dominated by divine authority,based on moral and ethical philosophy,and oriented towards“positive”rights.This awareness delved into the value of being human and the meaning of human existence,demonstrating creativity and innovation,and marking a significant breakthrough in the history of human rights civilization.The ideological wisdom,spiritual strength,and practical pathways contained in this human rights awareness not only laid the foundation for the human rights thought of classical Chinese civilization but are also indispensable for contemporary China’s commitment to the“two combinations”.It holds important practical significance for advancing Chinese modernization and creating a modern human rights civilization for the Chinese nation.展开更多
Li Dazhao dedicated his whole life to advocating for legal rights,and his human rights theory and practice unfolded in the context of the International Labour Organization and the League of Nations from 1919 to 1920.H...Li Dazhao dedicated his whole life to advocating for legal rights,and his human rights theory and practice unfolded in the context of the International Labour Organization and the League of Nations from 1919 to 1920.His human rights activities encompassed both theoretical exploration and practical participation.In his early political commentary,Li Dazhao extensively discussed civil and political rights.Such terms as constitutionalism,democracy,freedom,separation of powers,political parties,speech,equality,elections,and political participation frequently appeared in his writings and were incorporated into his constitutional studies.After embracing Marxism,he paid greater attention to women’s political participation,labor movements,labor-capital relations,and labor legislation,actively supporting their rights movements.National self-determination was also a significant component of his human rights theory and practice.He focused on national issues,explored comparative studies of Chinese and Western cultures,and advocated for the right to national self-determination.展开更多
As a core component of Xi Jinping Thought on the Rule of Law and Xi Jinping Thought on Diplomacy,the concept of a Community with a Shared Future for Mankind plays three pivotal roles in advancing human rights:cognitiv...As a core component of Xi Jinping Thought on the Rule of Law and Xi Jinping Thought on Diplomacy,the concept of a Community with a Shared Future for Mankind plays three pivotal roles in advancing human rights:cognitive guidance,value-based evaluation,and actionable framework.It offers a normative compass for resolving human rights disputes by establishing four key value benchmarks—prioritizing common interests over parochial concerns,upholding peace and cooperation,honoring commitments,and adhering to the principle of proportionality—thereby enabling a more coherent ranking of diverse human rights perspectives.Serving as the overarching value lens for observing and analyzing human rights issues,this vision provides a robust reference framework for constructive human rights discourse.In practice,it outlines a clear actionable framework for human rights implementation,urging countries to act in the interest of individual development and collective human progress,mitigate inter-state antagonism and fragmentation,and advance human rights across five critical dimensions:peace,security,development,inclusiveness,and environmental protection.Rooted in the wisdom of traditional Chinese culture and drawing on China’s experience in global governance,the concept of a Community with a Shared Future for Mankind constitutes a guiding ideological system with profound implications for the global human rights cause.展开更多
Environmental rights are an important part of General Secretary Xi Jinping’s important discourses on respecting and protecting human rights.Soft law has played a significant role in the integrated development of the ...Environmental rights are an important part of General Secretary Xi Jinping’s important discourses on respecting and protecting human rights.Soft law has played a significant role in the integrated development of the theories of environmental rights and human rights.At the practical level,the soft law cooperation documents of the Belt and Road Initiative(BRI)have established general principles for the protection of environmental rights,policies for addressing climate change,standards for green investment and financing,and obligations for multinational corporations to protect the environment,making a contribution to the development and protection of environmental rights.In the future process of global environmental governance,it is necessary to start with the BRI’s soft law documents to further clarify the specific protection standards for environmental rights and promote the transformation of soft law into binding bilateral or multilateral agreements at the international level.In addition,it is essential to urge governments and enterprises to fulfill their due diligence obligations for environmental protection and strengthen information disclosure by emphasizing public interest responsibilities.Efforts should also be made to improve the environmental compliance systems of“going global”enterprises and enhance government supervision over corporate accountability for environmental rights.A corporate environmental protection accountability mechanism should be established,so as to actively promote global environmental governance in a more just and reasonable direction.展开更多
Protecting citizens’fundamental rights is one of the basic functions of the system of recording and review,and relevant cases should fully embody this function.However,whether they are recording and review cases conc...Protecting citizens’fundamental rights is one of the basic functions of the system of recording and review,and relevant cases should fully embody this function.However,whether they are recording and review cases concerning fundamental rights or other types of recording and review cases,their argumentative logic is mainly reflected in legislative logic and policy implementation logic,ultimately aiming at the reconstruction of legal norms and featuring the nature of proactive legislation.At the same time,the argumentation of review authorities lacks technicality,with deficiencies in expounding the normative connotations of fundamental rights and social facts,making it impossible to highlight the protection of citizens’fundamental rights in review argumentation.The function of protecting fundamental rights in review argumentation should be reflected in three aspects:the function of transmitting fundamental rights values,the function of providing fundamental rights rules,and the function of taking fundamental rights as a methodology.Centering on these three points,an argumentation model for the recording and review of fundamental rights with human rights protection as the starting point should be constructed.展开更多
The rise of rationality and the development of science led to the transformation of the teleological view of nature to the mechanistic view of nature in the West.This transformation gradually separated“human nature”...The rise of rationality and the development of science led to the transformation of the teleological view of nature to the mechanistic view of nature in the West.This transformation gradually separated“human nature”and“the nature of things”—which were unified in the classical era—thereby causing a discontinuity between the natural law tradition and the classical era.From then on,natural law,which had integrated physical natural law and jurisprudential natural law in the classical era,split into two parts:the“rules of nature”that reflect the order of the natural world,and“natural law”that regulates human social life.It was within this discontinuity that“natural rights”in the subjective sense emerged from natural law.Since then,natural rights have been used as the foundation for the legitimacy of the state.This established the basic argumentative model of modern political theory and also provided a new ideological source for justifying the legitimacy of state power.When the metaphysical or theological connotations inherent in natural rights were stripped away,natural rights evolved into“rights of humanity,”and thus the concept of“human rights”was formally born.展开更多
The current international dissemination of China’s human rights discourse predominantly adopts a“sender-oriented”model,emphasizing the output of human rights discourse by transmitters while overlooking strategy adj...The current international dissemination of China’s human rights discourse predominantly adopts a“sender-oriented”model,emphasizing the output of human rights discourse by transmitters while overlooking strategy adjustments based on audience feedback.To some extent,the current approach has resulted in characteristics such as strong practical implementation but weak discourse,limited theoretical foundation,and insufficient recognition in China’s international human rights communication.Consequently,while China has achieved remarkable progress in its human rights endeavors,human rights issues remain a critical area of stigmatization by some Western countries.An“effect-oriented”mechanism for the international dissemination of China’s human rights discourse,therefore,aims to address this challenge by re-centering the audience as active participants in the communication process.By emphasizing the dual nature of human rights’international communication,this approach leverages the reflexive monitoring of initial transmitters throughout the dissemination process to finally construct a dynamic human rights discourse framework responsive to different time and space contexts.This mechanism directly confronts the diverse backgrounds of global audiences and the resulting varied interpretations of China’s human rights discourse.It advocates for dynamic evaluation of global dissemination outcomes based on audience feedback and the timely adaptation of communication strategies according to context.By doing so,it seeks to effectively advance China’s human rights communication efforts and enhance dissemination efficiency on the global scale.展开更多
基金the National Social Science Fund Major Project“Research on the Background of the Formation,Logical Structure,and Value Orientation of the Chinese Human Rights Knowledge System”(Project Approval Number 24&ZD129)the National Social Science Fund Major Project“Research on General Secretary Xi Jinping’s Important Discourses on Respecting and Protecting Human Rights”(Project Approval Number 22&ZD004).
文摘As a public policy,the Human Rights Action Plan of China provides a clear roadmap for achieving the phased goals of human rights education development.The evolution of human rights education policies over the four editions demonstrates a clear and distinct logic of progression:human rights education in primary and secondary schools has shifted from fostering students’awareness of human rights to establishing human rights values;human rights education in higher education has transitioned from the construction of single human rights course to the systematic development of human rights disciplines;human rights knowledge training has evolved from disseminating basic human rights knowledge among legal and political workers to cultivating a human rights mindset among public officials;and the popularization of human rights knowledge has moved from enhancing communication effectiveness to strengthening cultural confidence in human rights.These shifts reflect the characteristics of the policy evolution of human rights education,which are unified in their gradual and continuous nature,responsiveness and forward-looking nature,and value-oriented and contemporary nature.Fundamentally,the gap between the current state of human rights education development and policy goals serves as the intrinsic driving force for the evolution of human rights education policies.While the external factors influencing the evolution of policy content mainly include the human rights cause’s contemporary context,historical achievements,and current needs.Looking ahead to the future development of human rights education,it is essential to continuously innovate human rights teaching methods,enrich the content of human rights education,improve relevant institutional guarantee mechanisms,strengthen the construction of multi-stakeholder collaborative human rights education teams,compile and publish high-quality human rights textbooks,and increase the intensity of human rights knowledge training for journalists,in order to create a favorable public opinion atmosphere and cultural environment for the development of China’s human rights cause in the new era.
基金a phased result funded by the Special Funds for Basic Scientific Research Expenses of Universities under the Central Government(24CXTD01).
文摘In 2024,China’s human rights research has assumed a distinct“autonomy-oriented shift,”with scholars beginning to refine and construct uniquely Chinese and locally identifiable human rights concepts,categories,and discourses.Building an independent human rights knowledge system has become a core academic focus in China’s human rights research field.Upholding fundamental principles and breaking new ground are the key methodological principles for the process.China’s human rights research should be rooted in the“cultural lineage”by preserving the essence of fine traditional Chinese culture,guided by the“moral lineage”by adhering to the Marxist view on human rights,and anchored in the“Four-sphere Confidence”by upholding a distinct human rights development path,so as to define the historical coordinates and value stance of China’s independent human rights knowledge system.Meanwhile,it should maintain a high degree of openness in knowledge,theory,and methodology to address emerging rights demands and contribute to building a new global human rights governance order,so as to underscore the mission of China’s independent human rights knowledge system in the contemporary era and China’s responsibility as a major global actor.China’s human rights research should uphold the dialectical unity between the fundamental principles and innovations,and advance the systemic and theoretical interpretation of its independent human rights knowledge.
文摘On July 25,2025,the second China-Latin American and Caribbean States(China-LAC)Roundtable on Human Rights was held in Sao Paulo,Brazil.More than 130 participants from 20 countries,including Brazil,Argentina,Bolivia,and Chile,conducted in-depth discussions centering on the theme of“China-Latin American and Caribbean States Community with a Shared Future and the Development of Human Rights.”The forum published the Sao Paulo Consensus on China-Latin American and the Caribbean States Human Rights Communication and Cooperation,and launched the China-Latin American and Caribbean States Human Rights Research and Cooperation Network.Participants spoke highly of the development and progress of the human rights cause since the founding of the People’s Republic of China.In particular,in recent years,based on the existing high-level economic and trade cooperation,China-LAC exchanges and cooperation in the field of human rights have made rapid progress and remarkable achievements,effectively enhancing bilateral mutual trust.Looking ahead,efforts should be made to advance the joint building of a China-Latin American and Caribbean States Community with a Shared Future and the development of the human rights cause of both sides,build on development cooperation,strengthen governance coordination and exchanges and mutual learning,carry out more joint actions in the field of human rights,so as to make greater joint contributions to the advancement and development of the world’s human rights cause.
基金This paper is a phased achievement of the Major Philosophy and Social Sciences Project of the Ministry of Education,titled“Research on General Secretary Xi Jinping’s Important Discourse on Respecting and Protecting Human Rights”(Project Number 22JZD002).
文摘At the 2024 China-Europe Seminar on Human Rights,over 60 experts and scholars from 16 countries gathered to discuss“Safeguarding Emerging Rights:Perspectives from China and Europe.”The seminar highlighted that the global new round of technological revolution and industrial transformation,along with changes in production methods and social structures,as well as the rising awareness of human rights,have led to the emergence of many new rights.At the same time,these developments have also given traditional human rights new digital forms.The constant emergence of new rights concepts poses challenges to the traditional human rights theoretical framework and has sparked numerous debates within the international community regarding human rights theory and practice.On issues like economic equality and social rights,particularly emerging rights topics such as climate and human rights and digital human rights,countries should focus on balancing the relationship between individuals,society,and nature and seek a path for the sustainable existence and development of humanity.The core principle for protecting emerging rights should be“humanity first,”and true multilateralism should be embraced to prevent imbalances in the global governance of emerging rights.Open and fair cooperation should help build consensus and provide solutions for the global protection of emerging rights.
基金the Ministry of Education’s Major Special Project for Philosophical and Social Science Research,“A Study on the Conceptual System of China’s Independent Legal Knowledge System”(Project Number 2023JZDZ014)the Ministry of Education’s Humanities and Social Science Research Planning Fund Project,“A Study on the Improvement of the Villager Self-Governance System in the Context of Land Circulation”(Project Number 19YJA820027).
文摘The incorporation of human rights clauses into the constitution has propelled the innovation of fundamental rights hermeneutics in terms of the subjects of the legal relationships of fundamental rights,the nature of fundamental rights,the forms of state obligations,the scope of fundamental rights,among other aspects.Regarding the subjects of the legal relationships of fundamental rights,human rights clauses have expanded the subjects of fundamental rights from citizens to natural persons.They have also narrowed down the duty-bearing subjects directed by fundamental rights in clauses that do not define duty-bearing subjects from all entities to state public power.Additionally,in fundamental rights clauses that stipulate private entities as duty-bearing subjects,the duty-bearing subjects have been narrowed down from all private entities to social public power entities.In terms of the nature of fundamental rights,human rights clauses have endowed each specific basic right with dual characteristics of the right to respect and the right to protection.Regarding the forms of state obligations,human rights clauses have established the state obligations corresponding to each specific basic right as obligations to respect and to protect.In terms of the scope of fundamental rights,human rights clauses do not have the function of independently justifying unenumerated fundamental rights,but they can assist other clauses in justifying unenumerated fundamental rights,thereby expanding the scope of fundamental rights to a limited extent.
基金This paper is a phased achievement of the Major Project of the Key Research Base for Humanities and Social Sciences of the Ministry of Education in 2024,titled“Theoretical Legal Studies in the Field of Human Rights”(Project Approval Number 24JJD820002).
文摘The Chinese perspective is an open and evolving theoretical system.From a spatiotemporal viewpoint,it can be theoretically distilled into such four dimensions as the world dimension,the historical dimension,the practical dimension,and the theoretical dimension,which collectively form a“unified framework of four”of logical construction.The“world”dimension represents the synchronic extension of human rights practices,outwardly touching on the shared values of all humanity guided by relational rationality and the vision of a community with a shared future for humanity.The“historical”dimension reflects the diachronic extension of China’s path of human rights development,encompassing the cultural subjectivity of Chinese civilization and the complex context of modern human rights endeavors.The“practical”dimension serves as the“meta-perspective”of contemporary Chinese perspective on human rights,where the leadership of the Communist Party of China and the people-centered approach constitute the fundamental stance for developing the perspectives of human rights and human rights governance.The“theoretical”dimension focuses on the deconstruction and reconstruction of indigenous human rights notions,emphasizing a set of values that are confident,inclusive,equitable,shared,and forward-looking.The“world”dimension of“taking the world as a method”,provides a reference perspective for“taking China as a method”narrative centered on the“historical-practical-theoretical”framework,while the latter injects a human rights methodology grounded in Chinese wisdom into the former.By integrating these four dimensions,a more profound and comprehensive understanding of the value core and normative paradigm of contemporary Chinese perspective on human rights can be achieved.
文摘Xi Jinping,general secretary of the Communist Party of China(CPC)Central Committee pointed out that development is an enduring theme of human society,the master key to solving all problems,and the crucial means to ensuring the people’s well-being.The right to development is an inalienable human right.Only by focusing on development can we create a solid material foundation for the realization of all basic rights,tackle the challenges in human rights protection,and advance the cause of human rights,thus continuously meeting the people’s aspiration for a better life.
文摘Abu Dhabi’s projects adopt a four-tier and bottom-up governance and control mode for shareholder rights exercise.Every major decision of the operating company is subject to tiered discussions at shareholder meetings,totaling over 600 such meetings annually.Decisions are initially made at professional technical workshops,then communicated to subcommittee meetings,and subsequently to asset group meetings,undergoing tiered approval until final ratification by the board of directors.
文摘Xi Jinping,general secretary of the Communist Party of China(CPC)Central Committee,delivered an important speech at the Commemoration of the 80th Anniversary of the Victory of the Chinese People’s War of Resistance Against Japanese Aggression(1931-1945)and the World Anti-Fascist War.
文摘The year 2025 marked the 80^(th) anniversary of the founding of the United Nations(UN).Over the past eight decades,the UN has played an irreplaceable and important role in safeguarding peace and security,advancing economic and social development,and protecting human rights.
文摘The Journal of Human Rights publishes original works in law,philosophy,political science and other disciplines which deal with concepts,measurement tools and policy alternatives from human rights perspectives.Please submit your manuscripts to the following e-mail address:JHRsubmissions@cupl.edu.cn.
文摘During the 6Oth session of the UN Human Rights Council,the China NGO Network for International Exchanges(CNIE),China Ethnic Minorities Association for External Exchanges,Universal Rights Group,and organisations from China and abroad.
基金project of the National Social Science Fund of China,“Research on the Coordination of Domestic Rule of Law and Foreign-related Rule of Law in Global Environmental Governance”(Project Approval Number 23&ZD166)is funded by the Fundamental Research Funds for Universities.
文摘Climate change poses a severe and urgent threat to human rights,with small island states bearing a disproportionate share of this adverse impact.Although the international community is addressing this issue through the dual pathways of climate change law and human rights law,the effectiveness remains relatively limited,leaving the human rights of climate migrants in a predicament of lacking adequate protection.The Australia-Tuvalu Falepili Union Treaty reached between Australia and Tuvalu at the end of 2023 represents the latest practical development in this field.The emergence of the Treaty has promoted further interaction and integration between the two systems of climate change law and human rights law,filling the gap in international law regarding the protection of human rights of climate migrants to a certain extent.However,while the provisions in the Treaty that cede sovereign rights in exchange for human rights protection possess a certain degree of legality,they run counter to climate justice and lack a foundation of legitimacy.In essence,such provisions not only do not contribute to the improvement of international rule of law but also exacerbate the conflicting relationship between human rights protection and sovereign independence.The geopolitical considerations reflected in the Treaty may push the protection of human rights of climate migrants toward becoming a security issue with political attributes,thereby affecting the geopolitical pattern of the Pacific region and hindering cooperation between China and small island states in relevant fields.China should assess the possible development trends and potential impacts of the Treaty,promote the coordinated governance of the human rights law and climate change law systems under the guidance of a holistic and systematic perspective,carry out targeted cooperation with small island states on the basis of respecting sovereignty,and build China’s independent system for protecting the human rights of climate migrants.
基金the Major Project of the National Social Science Fund of China,entitled“Research on the Generative Context,Construction Logic,and Value Orientation of China’s Human Rights Knowledge System”(Project Approval Number 24&ZD129).
文摘During the“Axial Age,”Chinese civilization experienced a distinctive human rights awareness characterized by its endogeneity,autonomy,and originality.This awareness,based primarily on humanism,populism,and naturalism,emphasized respect for human beings,highlighting the importance of caring for,respecting,and protecting people,and focusing on“benefiting the people,”“nurturing the people,”“enriching the people,”and“prospering the people.”It reflected an awareness of human rights such as the rights to life,personality,subsistence,development,and environment.This human rights awareness,oriented towards values such as“achieving benevolence,”“valuing goodness,”“revering righteousness,”“cherishing harmony,”and“seeking the public good,”established a cognitive logic that unifies human nature,virtue,and rationality.It featured a human rights spirit that is not dominated by divine authority,based on moral and ethical philosophy,and oriented towards“positive”rights.This awareness delved into the value of being human and the meaning of human existence,demonstrating creativity and innovation,and marking a significant breakthrough in the history of human rights civilization.The ideological wisdom,spiritual strength,and practical pathways contained in this human rights awareness not only laid the foundation for the human rights thought of classical Chinese civilization but are also indispensable for contemporary China’s commitment to the“two combinations”.It holds important practical significance for advancing Chinese modernization and creating a modern human rights civilization for the Chinese nation.
基金a research result of the“Research on Li Dazhao’s Legal Thoughts,”a general project of the Li Dazhao Research Association of China in 2022(Project Number 2022YBXM01).
文摘Li Dazhao dedicated his whole life to advocating for legal rights,and his human rights theory and practice unfolded in the context of the International Labour Organization and the League of Nations from 1919 to 1920.His human rights activities encompassed both theoretical exploration and practical participation.In his early political commentary,Li Dazhao extensively discussed civil and political rights.Such terms as constitutionalism,democracy,freedom,separation of powers,political parties,speech,equality,elections,and political participation frequently appeared in his writings and were incorporated into his constitutional studies.After embracing Marxism,he paid greater attention to women’s political participation,labor movements,labor-capital relations,and labor legislation,actively supporting their rights movements.National self-determination was also a significant component of his human rights theory and practice.He focused on national issues,explored comparative studies of Chinese and Western cultures,and advocated for the right to national self-determination.
文摘As a core component of Xi Jinping Thought on the Rule of Law and Xi Jinping Thought on Diplomacy,the concept of a Community with a Shared Future for Mankind plays three pivotal roles in advancing human rights:cognitive guidance,value-based evaluation,and actionable framework.It offers a normative compass for resolving human rights disputes by establishing four key value benchmarks—prioritizing common interests over parochial concerns,upholding peace and cooperation,honoring commitments,and adhering to the principle of proportionality—thereby enabling a more coherent ranking of diverse human rights perspectives.Serving as the overarching value lens for observing and analyzing human rights issues,this vision provides a robust reference framework for constructive human rights discourse.In practice,it outlines a clear actionable framework for human rights implementation,urging countries to act in the interest of individual development and collective human progress,mitigate inter-state antagonism and fragmentation,and advance human rights across five critical dimensions:peace,security,development,inclusiveness,and environmental protection.Rooted in the wisdom of traditional Chinese culture and drawing on China’s experience in global governance,the concept of a Community with a Shared Future for Mankind constitutes a guiding ideological system with profound implications for the global human rights cause.
文摘Environmental rights are an important part of General Secretary Xi Jinping’s important discourses on respecting and protecting human rights.Soft law has played a significant role in the integrated development of the theories of environmental rights and human rights.At the practical level,the soft law cooperation documents of the Belt and Road Initiative(BRI)have established general principles for the protection of environmental rights,policies for addressing climate change,standards for green investment and financing,and obligations for multinational corporations to protect the environment,making a contribution to the development and protection of environmental rights.In the future process of global environmental governance,it is necessary to start with the BRI’s soft law documents to further clarify the specific protection standards for environmental rights and promote the transformation of soft law into binding bilateral or multilateral agreements at the international level.In addition,it is essential to urge governments and enterprises to fulfill their due diligence obligations for environmental protection and strengthen information disclosure by emphasizing public interest responsibilities.Efforts should also be made to improve the environmental compliance systems of“going global”enterprises and enhance government supervision over corporate accountability for environmental rights.A corporate environmental protection accountability mechanism should be established,so as to actively promote global environmental governance in a more just and reasonable direction.
文摘Protecting citizens’fundamental rights is one of the basic functions of the system of recording and review,and relevant cases should fully embody this function.However,whether they are recording and review cases concerning fundamental rights or other types of recording and review cases,their argumentative logic is mainly reflected in legislative logic and policy implementation logic,ultimately aiming at the reconstruction of legal norms and featuring the nature of proactive legislation.At the same time,the argumentation of review authorities lacks technicality,with deficiencies in expounding the normative connotations of fundamental rights and social facts,making it impossible to highlight the protection of citizens’fundamental rights in review argumentation.The function of protecting fundamental rights in review argumentation should be reflected in three aspects:the function of transmitting fundamental rights values,the function of providing fundamental rights rules,and the function of taking fundamental rights as a methodology.Centering on these three points,an argumentation model for the recording and review of fundamental rights with human rights protection as the starting point should be constructed.
文摘The rise of rationality and the development of science led to the transformation of the teleological view of nature to the mechanistic view of nature in the West.This transformation gradually separated“human nature”and“the nature of things”—which were unified in the classical era—thereby causing a discontinuity between the natural law tradition and the classical era.From then on,natural law,which had integrated physical natural law and jurisprudential natural law in the classical era,split into two parts:the“rules of nature”that reflect the order of the natural world,and“natural law”that regulates human social life.It was within this discontinuity that“natural rights”in the subjective sense emerged from natural law.Since then,natural rights have been used as the foundation for the legitimacy of the state.This established the basic argumentative model of modern political theory and also provided a new ideological source for justifying the legitimacy of state power.When the metaphysical or theological connotations inherent in natural rights were stripped away,natural rights evolved into“rights of humanity,”and thus the concept of“human rights”was formally born.
基金This paper is a phased outcome of the“Research on the Strategy to Improve the Mechanism for the International Dissemination of China’s Human Rights Discourse”(22JJD820045),a key research project of the National Human Rights Education and Training Base under China’s Ministry of Education.
文摘The current international dissemination of China’s human rights discourse predominantly adopts a“sender-oriented”model,emphasizing the output of human rights discourse by transmitters while overlooking strategy adjustments based on audience feedback.To some extent,the current approach has resulted in characteristics such as strong practical implementation but weak discourse,limited theoretical foundation,and insufficient recognition in China’s international human rights communication.Consequently,while China has achieved remarkable progress in its human rights endeavors,human rights issues remain a critical area of stigmatization by some Western countries.An“effect-oriented”mechanism for the international dissemination of China’s human rights discourse,therefore,aims to address this challenge by re-centering the audience as active participants in the communication process.By emphasizing the dual nature of human rights’international communication,this approach leverages the reflexive monitoring of initial transmitters throughout the dissemination process to finally construct a dynamic human rights discourse framework responsive to different time and space contexts.This mechanism directly confronts the diverse backgrounds of global audiences and the resulting varied interpretations of China’s human rights discourse.It advocates for dynamic evaluation of global dissemination outcomes based on audience feedback and the timely adaptation of communication strategies according to context.By doing so,it seeks to effectively advance China’s human rights communication efforts and enhance dissemination efficiency on the global scale.
