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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

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

human LIFE AND human rights:DEATH PENALTY DATA AND SENTENCING PROCEDURE DURING THE SONG DYNASTY

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Frontiers of Law in China-Selected Publications from Chinese Universities 2020年第4期15卷 390-408页

作者： ZHANG Shoudong Chinese Legal History School of LawChina University of Political Science and LawBeijingChina School of Law and the China-EU School of Law(CESL) China University of Political Science and LawBeijingChina

The adjudication and amnesty system in the Song Dynasty has been thoroughly researched by academia,but the annual death penalty numbers have not been credibly determined due to insufficient and disorganized historical *** period's policy that no innocent person would be executed was based on the double-digit record of capital punishments for Zhenguan during the Tang Dynasty,and the execution number was adjusted *** a special procedure,Zoucai(a request for judgment)was used to reduce the death penalty *** value of human life,concern about excessive execution,and trimming of the capital punishment regime resulted in conversations between the emperors and their officials about the death penalty,which allowed the law that executed capital punishments during the Song Dynasty to strike a proper balance between justice,efficiency,and mercy,while avoiding rigidity and abuse.

关键词： Song Dynasty death penalty human life human rights Zoucai

Adherence to the Law-Based Protection of human rights and Improvement of the Legal Guarantee Mechanism of human rights

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Frontiers of Law in China-Selected Publications from Chinese Universities 2022年第4期17卷 553-566页

作者： HAN Dayuan Law School Renmin University of ChinaBeijing 100872China

XI Jinping,General Secretary of Central Committee of the Communist Party of China(CPC),made an important speech(Speech)on China’s path of advancement of human rights at a group study session of the Political Bureau of the CPC Central Committee on February 25,*** to law-based protection of human rights and improvement of the legal mechanism of protection of human rights are important requirements for firmly following China’s path of human rights *** improve the law-based mechanism of guarantee of human rights,the principles of respecting the people’s principal position and removing systematic and institutional barriers should be adhered *** Constitution should be comprehensively implemented to promote record and review of new laws presented by legislatures,and to safeguard its *** of human rights theory should be accelerated,along with faster construction of a human rights academic system,of a human rights academic system,and of a human rights discourse system,for meeting China’s needs in the new era.A sound legal mechanism of guarantee for human rights can better guarantee people’s better ***,China should actively participate in global human rights governance and make appropriate contributions.

关键词： human rights legal guarantee mechanism China’s path of human rights development

Different Conceptions and a General Concept of human rights

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Fudan Journal of the humanities and Social Sciences 2015年第3期8卷 369-385页

作者： Georg Lohmann Friedbergstr. 38 14057 Berlin Germany

In this study, I show that human fights are historical projects. They are legal inventions and institutional structures and respond to historical injustices and serious atrocities suffered by people, or which threaten them. It is useful therefore to first distinguish, both historically and systematically, different conceptions of human fights from a concept of human fights. I will distinguish three conceptions： national, international and transnational. Included in national conceptions are the human fights declarations of North America （1776） and France （1789）. The starting event of the international conception is the Universal Declaration of human rights by the United Nations after the Second World War in 1948. And it can be argued that a transnational conception of human fights that better fits the globalised world and the already global developments in intemational law and governance is needed.

关键词： human rights International law Cultural relativism and universality Transnational human fights conception Moral justification and legal institutionalisation of human fights

MEDICALLY ASSISTED human REPRODUCTIVE TECHNOLOGIES （ART） AND human rights -- THE EUROPEAN PERSPECTIVE

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Frontiers of Law in China-Selected Publications from Chinese Universities 2016年第2期11卷 339-369页

作者： Elisabeth Sterner Andreea Maria Rosu Bucharest Bar Association Romania

The present article examines how the progress of science, and in particular, medically assisted human reproductive technologies （ART） have provoked a revolution in the sphere of family relations, generating a series of ethical and legal conflicts. The article focuses on the European perspective, without ignoring the international sphere, given the globalization of the phenomenon. The emerging legal issues are analyzed through the filter of international human rights, not only an important aspect to take into consideration in the context of bioethics in general, but a ＂passage obligO＂ given that certain concepts find their explanation and coordinates in international human rights law. It is from this perspective that the relationship between ART and human rights is presented. The applicable international and European legal instruments and principles shall be mentioned, as well as a brief comparison of national legal frameworks in Europe The emerging bioethical and legal issues are examined in correlation with the response of the European Court of human rights through its case law aimed at balancing conflicting rights when faced with issues pertaining to ART. Lastly, the article presents in more detail the particular legal issues under debate in France and Italy, two European countries with specific legislation in the field.

关键词： human rights bioethics European Convention on human rights surrogacy

human rights and Nanotechnologies： Limits and Possibilities Between Technological Innovation and rights of the human

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Sociology Study 2011年第2期1卷 101-114页

作者： Wilson Engelmann University of the Sinos Valley Rio Grande do Sul Brazil

Nanotechnology currently represents one of the most fascinating human discoveries. With creativity, nanotechnology looks for increasingly smaller spaces in nature to meet the needs and interests of the individuals and of the society. Considering that the researches aim to create techniques to move and combine atoms and molecules, a question arises, how will these atoms and molecules behave in the new arrangement. This is the great challenge and this article attempts to bring some benefits to the subiect. It also intends to bring the human sciences, particularly law, to the scenery of this scientific revolution. The lack of regulatory frameworks does not allow humans to search and produce anything without limits. Thus, human rights should be considered an ethical foundation for nanotechnology discoveries, as they represent the ＂rights＂ that, at least, humans should have respected.

关键词： human rights nanotechnology regulatory frameworks risks environment