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The Journal of human rights 2024年第3期23卷 509-520页

作者： HAN Dayuan the Center for human rights Studies at Renmin University of China

On March 14,2004,the Second Session of the 10th National People’s Congress of China adopted the fourth amendment to the Chinese Constitution,the most noticeable highlight of which is the addition of the paragraph“the state respects and protects human rights”as the third clause in Article 33 of Chapter II“Basic rights and Obligations of Citizens”in the *** inclusion of the clause of human rights in the Constitution is considered an important milestone in the history of human rights development in the People’s Republic of *** implementation of the human rights clause not only showcases the values of the Party and the state in respecting and protecting human rights,but also promotes the development of human rights,shapes the culture of human rights,and endows the rule of law with a rich humanistic *** the past 20 years,the publicity,research and practice of the human rights clause have made the Chi-nese people realize that human rights are not only a“great term”,but also a common value shared by *** the once-in-a-century changes of the world,although the development of human rights is facing various challenges,the humanistic spirit contained in the hu-man rights clause has become the internal driving force for building consensus in the whole of *** the significance and value of the human rights clause can help us conscientiously draw on the experience in the implementation of the clause over the past 20 years and contribute Chinese wisdom and experience to global human rights governance with a more open mind and inclusive attitude.

关键词： persons human rights Constitution human rights clause

Understanding the human rights of Modern Individuals—Revisiting Habermas’s Dual Critique and the Reconstruction of Intersubjectivity

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The Journal of human rights 2024年第2期23卷 420-475页

作者：杨畅 PAN Yingzhao(Translated) Department of Philosophy School of HumanitiesCentral South University 不详

human rights are not only pivotal in depicting the relationship between individuals and communities but also a focal point of political philosophical concerns oriented towards reality. The inseparability of human rights from individual self-identity reveals a contradiction between practicality and historicity in understanding individuals, as highlighted in the debate between liberalism and communitarianism. In order to reconcile this contradiction, Habermas,drawing from German classical philosophy, examines practicality and historicity separately: while Fichte intertwines objectivity in self-identity, revealing the practicality of individuals but neglecting their real elements, Hegel interprets self-identity under the concept of unity,examining individuals from a historical dimension but letting rational rules dominate reality. Ultimately, Habermas reconstructs the process of modern individual self-identity from the theory of communicative action by critiquing the shackles of subjective philosophy. He not only reconciles the divergence between practicality and historicity in self-identity, but also elucidates the intersubjective core inherent in human rights.

关键词： human rights self-identity practicality historicity intersubjectivity

From the Subjectivity of human rights to the Universality of human rights——A Preliminary Interpretation of the Theory on the Subjectivity of human rights

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The Journal of human rights 2024年第3期23卷 709-733页

作者： HUANG Jinrong the Institute of Law Chinese Acad-emy of Social Sciences

Universality is one of the essential characteristics of human rights, but there is a substantive difference between idealism and realism in understanding the concept of universality of human rights. The concepts of radical universality and strong universality based on the concept of natural human rights are too idealistic and thus have a high risk of being alienated into a tool of international re-pression in practice. On the contrary, the theory on the subjectivity of human rights can effectively defuse this risk brought about by radical universality and strong universality. Advocating a transition from the universality of human rights to the subjectivity of human rights not only keeps in line with the actual construction process of international human rights, but can also effectively interpret the practical difficul-ties in the realization process of international human rights. Therefore, it can be used as another alternative theory on human rights beyond the theory of natural human rights.

关键词： human rights universality subjectivity concept of natural human rights

Development of human rights-Based Practices in Psychiatry from People Living with Mental Health Problems During Involuntary Hospitalization or Treatment - A Secondary Publication

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Journal of Clinical and Nursing Research 2024年第3期8卷 247-255页

作者： David Pelosse Pierre Pariseau-Legault Department of Nursing Sciences University of Quebec in OutaouaisSaint-Jérôme CampusQuebecCanada Department of Nursing Sciences University of Quebec in OutaouaisSaint-Jérôme CampusMontreal Research Center on Social InequalitiesDiscriminationand Alternative Citizenship PracticesQuebecCanada

This article presents the research protocol of an interpretative phenomenological study that aims to understand the lived experiences of coercion and human rights-based practices in psychiatry from the perspectives of people living with mental health problems during involuntary hospitalization or *** qualitative study used an interpretative phenomenological analysis ***-depth,one-on-one interviews along with a socio-demographic questionnaire were conducted with approximately 10 *** analysis was followed by an iterative and hermeneutic emergence coding *** centering human rights-based practices on the lived experiences of people living with mental health problems who encountered coercion,this study highlighted the contributing and limiting factors to the recognition of human rights in nursing *** study also promoted the development of nursing knowledge and practices that can significantly contribute to an individual’s recovery process.

关键词： Mental health Coercion Support human rights Users

human rights Protection and Economic Development in China： Right to Subsistence-based Development and its Future

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Fudan Journal of the humanities and Social Sciences 2014年第4期7卷 583-599页

作者： L. Wang Beijing China

Historically, economic development and human fights go hand in hand. On the one hand, the protection of human rights is the purpose of economic development, i.e., promoting economic and social rights through economic development, and then creating conditions for the realization of civil and political fights. On the other hand, the protection of human rights is a means to economic development, and only through the protection of human fights, can sustained and healthy economic development be realized. The economic development model of China since 1978, for quite a long period of time, is suitable for subsistence-based development. However, it also has created risks of economic failure and political legitimacy crises. So it is necessary to adopt a scientific development model which values human rights.

关键词： Economic development human rights Right to subsistence Legitimacy Scientific development

Dilemma of concepts and strategies for the prevention of spread of HIV in relation to human behavior,law and human rights

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Journal of Zhejiang University-Science B(Biomedicine & Biotechnology) 2011年第7期12卷 591-610页

作者： Reinhard H. DENNIN Michael LAFRENZ Amdt SINN Lan-juan LI Institute of Medical Microbiology and Hygiene University of Luebeck Campus Luebeck 160 Ratzeburger Allee Luebeck D-23538 Germany AIDS Medical Board Medical Association Rostock MV 18055 Germany Centre for European and International Criminal Law Studies (ZEIS) University of Osnabriick Osnabrueck 49076 Germany State Key Laboratory for Diagnosis and Treatment of Infectious Disease the First Affiliated Hospital School of Medicine Zhejiang University Hangzhou 310003 China

The new prevalence data regarding the estimated global number of human immunodeficiency virus positive (HIV+) cases,i.e.,including people who are either aware or unaware of their HIV infection in 2010,lead many to wonder why the increase in incidence has reached today’s unprecedented level and escalated within such a short ***,in spite of prevention campaigns in countries affected by HIV/acquired immune deficiency syndrome (AIDS) with their urgent messages aimed at preventing HIV transmission by promoting changes in individual’s *** article analyzes the background of the prevention strategies,in particular their political,social and legal concepts in terms of human rights,and reveals traits of human behavior not considered thus far.A radical reappraisal is necessary,at social and legislative levels,as well as options additional to current *** ethical issues come up,they become blamed for outmoded moralistic ***,ignoring the reality has led to dire consequences from prioritizing individual human rights over society’s collective need to prevent the spread of HIV.

关键词： HIV Prevention human rights Fundamental rights Jurisdiction Decriminalization

Multinational corporations and infectious disease: Embracing human rights management techniques

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Infectious Diseases of Poverty 2014年第1期3卷 354-366,353页

作者： Kendyl Salcito Burton H Singer Mitchell G Weiss Mirko S Winkler Gary R Krieger Mark Wielga Jürg Utzinger Department of Epidemiology and Public Health Swiss Tropical and Public Health InstituteP.O.BoxCH-4002BaselSwitzerland University of Basel P.O.BoxCH-4003BaselSwitzerland NomoGaia 1900 Wazee StreetSuite 303DenverCO 80202USA NewFields LLCDenverCO 80202USA Emerging Pathogens Institute University of FloridaGainesvilleFL 32610USA

Background:Global health institutions have called for governments,international organisations and health practitioners to employ a human rights-based approach to infectious *** motivation for a human rights approach is clear:poverty and inequality create conditions for infectious diseases to thrive,and the diseases,in turn,interact with social-ecological systems to promulgate poverty,inequity and *** and intergovernmental organisations should be concerned with the control and elimination of these diseases,as widespread infections delay economic growth and contribute to higher healthcare costs and slower processes for realising universal human *** social determinants and economic outcomes associated with infectious diseases should interest multinational companies,partly because they have bearing on corporate productivity and,increasingly,because new global norms impose on companies a responsibility to respect human rights,including the right to ***:We reviewed historical and recent developments at the interface of infectious diseases,human rights and multinational *** investigation was supplemented with field-level insights at corporate capital projects that were developed in areas of high endemicity of infectious diseases,which embraced rights-based disease control ***:Experience and literature provide a longstanding business case and an emerging social responsibility case for corporations to apply a human rights approach to health programmes at global ***,in an increasingly globalised and interconnected world,multinational corporations have an interest,and an important role to play,in advancing rights-based control strategies for infectious ***:There are new opportunities for governments and international health agencies to enlist corporate business actors in disease control and elimination *** offered by the United Nations in 2011 that is widel

关键词： Infectious diseases human rights Systems-based interventions Multinational corporations Corporate social responsibility

Genome editing and human rights:Implications of the UNGPs

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Biosafety and Health 2022年第6期4卷 386-391页

作者： Leifan Wang Xiaohui Liang Weiwen Zhang Tianjin University Law School Tianjin 300072China Center for Biosafety Research and Strategy Tianjin UniversityTianjin 300072China China National Textile and Apparel Council Beijing 100027China Peking University Law School Beijing 100871China School of Chemical Engineering and Technology Tianjin UniversityTianjin 300072China Frontier Science Center for Synthetic Biology and Key Laboratory of Systems Bioengineering(MOE) School of Chemical Engineering and TechnologyTianjin UniversityTianjin 300072China

How to address the impact of genome editing on human rights is a global *** World Health Organization(WHO)recently developed a governance framework for human genome editing to provide global recommendations for establishing appropriate governance mechanisms for human genome *** article suggests that a human rights-respecting approach should be explicitly recognized in the framework and other relevant *** recognition has significant implications not only on clarifying the duty of States but also on the responsibility of non-State actors,particularly biotech enterprises,to orient this technology towards respect for human *** implement this approach,the United Nations Guiding Principles on Business and human rights(UNGPs)provide helpful guidance for States,biotech enterprises,and other stakeholders to raise awareness and enhance responsible practices in the field.

关键词： Genome editing human rights UNGPs Biotech enterprises

ADDING A GENDER PERSPECTIVE TO CHINA'S BELT AND ROAD INITIATIVE AS AN INTERNATIONAL human rights OBLIGATION

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Frontiers of Law in China-Selected Publications from Chinese Universities 2019年第4期14卷 445-477页

作者： LU Haina School of Law Catholic University of LeuvenLeuvenBelgiumAssociate ProfessorSchool of LawRenmin University of ChinaBeijingChinaSecretary-GeneralHuman Rights CenterRenmin University of ChinaBeijing 100872China

China's Belt and Road Initiative(BRI)has a significant impact on the gender equality of receiving *** is noted that many BRI countries are facing challenges to realizing gender ***,China has not developed a gender-mainstreaming or rights-based approach to implement the ***,this paper argues that it is China's international human rights obligation to develop such an approach and the country should adopt a gender policy in its BRI to ensure that its overseas investments and aid programs respect and promote gender ***,this paper maps China's overseas investments and aid globally and particularly in BRI countries,and examines,in general,how the BRI may have an impact on gender equality both globally and in BRI ***,the paper reviews international standards on gender equality in transnational trade and foreign investment and aid projects in the context of international human rights'*** clarifies China's obligations to promote gender equality within the BRI framework under international ***,based on the aforementioned findings,this paper conducts a gap analysis on the gender policy followed by China's overseas investment and aid programs set within the context of international ***,the paper recommends some possible policy steps to ensure gender equality is mainstreamed in BRI projects of China.

关键词： gender equality Belt and Road Initiative(BRI) China's overseas investment foreign aid human rights

On human rights Norms

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学术界 2011年第2期 254-256页

作者： Qin Qiang Xie Yongzhao Renmin University of China Shandong Police College

human rights are the eternal topic of the *** rights as a core value of constitutionalism,is often reflected in the constitutional text and constitutional *** natures of the norms of human rights are the standardization to express the value of human rights and the legal existence *** development of major human rights norms goes through three stages:first,the Universal Declaration of human rights from the doctrine to the stage;second,from the stage of the Bill of rights to the human rights legislation;third,from the stage of domestic legislation to international *** rights norms are often in the text of the Constitution which is specifically expressed in human rights ***'s human rights provisions in the constitutional text generally refer to the clauses of the new constitutional amendment in 2004,which is "the state respects and safeguards human rights" clause.

关键词： human rights human rights norms human rights clause