Women's rights are essential human rights recognized by the international covenants on human rights and protected in the constitutions and laws of countries.In the context of implementing the three-child policy in...Women's rights are essential human rights recognized by the international covenants on human rights and protected in the constitutions and laws of countries.In the context of implementing the three-child policy in China,women are facing pressures from childbearing and bringing up children as well as trying to have a career.It is clearly stipulated in Article 49 of China's Constitution"the mother is protected by the state,"the constitutional principle of equality of men and women shall be incorporated into the interpretation of this article,fully respecting women's subjectivity and equal rights and affirming the social benefits of childbearing and bringing up children.With the introduction of the three-child policy,the protection of women's rights shall focus on their reproductive rights,right to health,right to work and equal rights within the family.The system of women's rights is complex,relates to identity and must be open to the future.The state has the obligation to fully respect,actively promote and promote in a narrow sense the realization of women's rights.To better coordinate the implementation of the three-child policy and the protection of women's rights,we should introduce the concept of social gender equality,improve the system ofp ublic childcare services,home care leave and equal employment,and promote the implementation of relevant laws and policies with special attention being paid to women in rural areas and single mothers.展开更多
“The best interests of the child”is an essential principle of the Convention on the Rights of the Child.Due to the abstractness and ambiguity of this principle,its application is inevitably subject to the judge’s p...“The best interests of the child”is an essential principle of the Convention on the Rights of the Child.Due to the abstractness and ambiguity of this principle,its application is inevitably subject to the judge’s personality.Through empirical analysis,we can find that the judicial documents invoking the principle of“the best interests of the child”by Chinese courts show a significant increase in the number of disputes,types of disputes,and pronounced regional characteristics.The application of this principle by the courts is highly consistent with the judicial interpretative documents issued by the Supreme People’s Court.The invocation of this principle plays the role of interpreting the provisions of the law,the value basis for discretion,and the value orientation for shaping new rules in adjudication.At the same time,it is plagued by a lack of guidelines for the application of principles,invocations that serve the will of judges,and imperfect thinking in weighing the various factors involved.The application of this principle should be improved by setting normative standards for the principle of“the best interests of the child”,increasing case guidance for invoking the principle,and enhancing the professionalism of judges.展开更多
文摘Women's rights are essential human rights recognized by the international covenants on human rights and protected in the constitutions and laws of countries.In the context of implementing the three-child policy in China,women are facing pressures from childbearing and bringing up children as well as trying to have a career.It is clearly stipulated in Article 49 of China's Constitution"the mother is protected by the state,"the constitutional principle of equality of men and women shall be incorporated into the interpretation of this article,fully respecting women's subjectivity and equal rights and affirming the social benefits of childbearing and bringing up children.With the introduction of the three-child policy,the protection of women's rights shall focus on their reproductive rights,right to health,right to work and equal rights within the family.The system of women's rights is complex,relates to identity and must be open to the future.The state has the obligation to fully respect,actively promote and promote in a narrow sense the realization of women's rights.To better coordinate the implementation of the three-child policy and the protection of women's rights,we should introduce the concept of social gender equality,improve the system ofp ublic childcare services,home care leave and equal employment,and promote the implementation of relevant laws and policies with special attention being paid to women in rural areas and single mothers.
基金a phased result of the research project“Studies on the Relationship Between the Constitution and International Law”(18BFX034)backed by the National Social Science Fund of China
文摘“The best interests of the child”is an essential principle of the Convention on the Rights of the Child.Due to the abstractness and ambiguity of this principle,its application is inevitably subject to the judge’s personality.Through empirical analysis,we can find that the judicial documents invoking the principle of“the best interests of the child”by Chinese courts show a significant increase in the number of disputes,types of disputes,and pronounced regional characteristics.The application of this principle by the courts is highly consistent with the judicial interpretative documents issued by the Supreme People’s Court.The invocation of this principle plays the role of interpreting the provisions of the law,the value basis for discretion,and the value orientation for shaping new rules in adjudication.At the same time,it is plagued by a lack of guidelines for the application of principles,invocations that serve the will of judges,and imperfect thinking in weighing the various factors involved.The application of this principle should be improved by setting normative standards for the principle of“the best interests of the child”,increasing case guidance for invoking the principle,and enhancing the professionalism of judges.
