人权(英文版)2024,Vol.23Issue(3) :709-733.

From the Subjectivity of Human Rights to the Universality of Human Rights——A Preliminary Interpretation of the Theory on the Subjectivity of Human Rights

黄金荣 LI Donglin
人权(英文版)2024,Vol.23Issue(3) :709-733.
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From the Subjectivity of Human Rights to the Universality of Human Rights——A Preliminary Interpretation of the Theory on the Subjectivity of Human Rights

黄金荣 1LI Donglin
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作者信息

  • 1. Institute of Law,Chinese Academy of Social Sciences
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Abstract

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.

Key words

human rights/universality/subjectivity/concept of natural human rights

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出版年

2024
人权(英文版)

人权(英文版)

ISSN:1671-4016
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