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李西霞 [瑞]丽狄娅·R.芭斯塔·弗莱纳(Lidija R. Basta Fleiner) 主编 2013年05月 出版
关键词: 妇女社会权利 生育保护 妇女儿童权益保护 就业权 工作平等
简 介:本书从国际和国内两个层面,重点探讨了妇女作为社会弱势群体的社会权利的法律保护和实现。书稿提供了关于中国当前妇女生育保护、劳动保护,就业权、平等工作权、反家暴立法等方面的最新进展,也对荷兰、英国、瑞士、德国、法国等国家妇女社会权利保护状况做了展示和比较研究。这些研究既是中国社会科学院法学研究所长期以来开展人权与法治研究的重要组成部分,也是关于妇女人权保障法治问题研究的延续和深化。本书的出版,对于深化妇女社会权利法律保障的理论研究,比较并借鉴国际人权法、区域人权法和国别人权法对以妇女为主体的社会权利保障的有益经验,完善中国保障妇女社会权利的法治机制,具有重要的理论价值和实践意义。
¥ 280 试读
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少数人的权利(全2册) 收藏
李林 李西霞 [瑞]丽狄娅·R.芭斯塔·弗莱纳(Lidija R. Basta Fleiner) 主编 2010年08月 出版
简 介:本书为法学所的国际会议论文集。书稿围绕少数人保护的国际实践和国内法治,探讨了少数人权利保护的法理基础,并进行了一些国家、地区法治的比较研究,还对少数人权利保护的一些分支问题,诸如:少数人权利的平等保护、反歧视政策与少数人权利保护、少数人保护国际标准的实施、民族的或种族上的少数人权利的国内法律保护,等等,进行了广泛而深入的剖析。
¥ 148 试读
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法治与21世纪 收藏
夏勇 李林 [瑞]丽狄娅·R.芭斯塔·弗莱纳(Lidija R. Basta Fleiner) 主编 2004年06月 出版
简 介:本书从法治的历史与文化,法制与民主、宪政、人权,法治与行政权、司法权,21世纪初期法治的关键问题等多个维度,总结并论证了当代世界法治理论与实践的发展状况,展示了中国经济现代化过程中的法治现代化发展路径和全球化背景下依法治国的未来趋势。
¥ 38 试读
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妇女社会权利的保护:国际法与国内法视角(全2册) 上册 收藏
作者: 李西霞 [瑞]丽狄娅·R.芭斯塔·弗莱纳(Lidija R. Basta Fleiner) 主编 出版时间:2013年06月
关键词: 妇女社会权利 生育保护 妇女儿童权益保护 就业权 工作平等
简 介:本书从国际和国内两个层面,重点探讨了妇女作为社会弱势群体的社会权利的法律保护和实现。书稿提供了关于中国当前妇女生育保护、劳动保护,就业权、平等工作权、反家暴立法等方面的最新进展,也对荷兰、英国、瑞士、德国、法国等国家妇女社会权利保护状况做了展示和比较研究。这些研究既是中国社会科学院法学研究所长期以来开展人权与法治研究的重要组成部分,也是关于妇女人权保障法治问题研究的延续和深化。本书的出版,对于深化妇女社会权利法律保障的理论研究,比较并借鉴国际人权法、区域人权法和国别人权法对以妇女为主体的社会权利保障的有益经验,完善中国保障妇女社会权利的法治机制,具有重要的理论价值和实践意义。
¥ 42 试读
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The Analysis of Older Women’s Economic Security in China 收藏
作者: 李西霞 [瑞]丽狄娅·R.芭斯塔·弗莱纳(Lidija R. Basta Fleiner) 主编 出版时间:2019年12月
关键词:
出处: 妇女社会权利的保护:国际法与国内法视角(全2册) 上册
简 介:With the process of continuous aging of the population in China,the number of older people is constantly increasing. Statistics show that,from 2010 to 2030,the number of Chinese people aged 60 or older will increase from 173 million to 348 million;from 2010 to 2032,the proportion of the aged will increase from 12.7% to more than 25% of China’s total population. That is to say,both the number of older people and the level of aging population will double in 22 years. In the next 23 years,the number of older people aged 60 or older will increase 9.25 million per year,including older women 4.85million,accounting for 52.42 per-cent. This indicates that feminization trend is noticeable in the process of aging population. Compared to either the older men of the same age or the women of younger age,the large number of older women are in a disadvantaged position in the allocation and possession of social resources,which makes older women’s issue now become a core of older people’s problem. Many scholars have carried out extensive research on the older women related issues:Yao Yuan and Mi Zhi had come to the conclusion that the older women had the lowest economic status based on the findings from the 2000’s sample survey on older population in urban and rural China; in respect of source of livelihood,Jia Yunzhu held that either in urban area or in and rural area,the older women had a higher degree of dependence on their family members than older men in the same areas;as for older women who received pension income,Chen Weimin and Li Ying analysed the reasons for their low pension income from the perspective of years of contribution and women retirement age; based on the survey findings on older women’s living conditions in one hundred villages of Jilin province Wang Jing concluded that single aged women and widow aged women had a higher degree of poverty than others.All of the above-quoted research findings are critically relevant in that they help us understand fully the situation of the economic security for older women in China.
¥ 2.63 试读
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Needs a Social Relief Law for the Victims of Domestic Violence 收藏
作者: 李西霞 [瑞]丽狄娅·R.芭斯塔·弗莱纳(Lidija R. Basta Fleiner) 主编 出版时间:2019年12月
关键词:
出处: 妇女社会权利的保护:国际法与国内法视角(全2册) 上册
简 介:In accordance with the legislative plan of the Standing Committee of the National People’s Congress,the drafting of a Social Relief Law was basically completed in the second half of the year 2010 and would soon enter into deliberation procedure. The law was drafted with an aim at safeguarding citizens’ basic livelihood and promoting social justice,which would make it a pillar of the social security law in China. It would also constitute the legal basis for citizens who are unable to support themselves or face major temporary difficulties as a result of sudden major mishaps,to seek relief and services from the state and society,so as to maintain their basic livelihood. Victims of domestic violence who become homeless also need temporary social relief and the protection of law,since they are also in a disadvantaged position and distressful situation.
¥ 2.54 试读
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Protection of Women’s Social Rights 收藏
作者: 李西霞 [瑞]丽狄娅·R.芭斯塔·弗莱纳(Lidija R. Basta Fleiner) 主编 出版时间:2019年12月
关键词:
出处: 妇女社会权利的保护:国际法与国内法视角(全2册) 上册
简 介:In the beginning of the 19 century,the rapid development of large-scale industry in UK,France and other capitalist countries enabled more and more women to enter the labour market,which in turn created economic conditions for women to participate in social life. With the introduction of western scholarship into China in late Qing Dynasty,Chinese women also walked out of the narrow space of their homes and began to engage in social labour. Since the establishment of the People’s Republic of China,women’s social rights have been safeguarded by a system of laws with the Constitution as its main body. Article 48 of the Constitution provides that:“Women in the People’s Republic of China enjoy equal rights with men in all spheres of life,including political,economic,cultural and social,and family life.” However,the fact that women’s social rights are provided for in law does not mean that they are fully safeguarded in reality. The extent to which women can participate in social life and enjoy their social rights is often determined by the degree of their economic independence. Earned income constitutes the main source of women’s economic income. Currently,women’s labour rights are not protected fully in China. Especially the issue of retirement age discloses the fact that Chinese women still have a long way to go in order to have their social rights fully realized. This article focuses on the issues relating to the same retirement age for men and women.
¥ 3.28 试读
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A Study on the External Cause Theories of Pension Law Worldwide and the Retirement Age for Women 收藏
作者: 李西霞 [瑞]丽狄娅·R.芭斯塔·弗莱纳(Lidija R. Basta Fleiner) 主编 出版时间:2019年12月
关键词:
出处: 妇女社会权利的保护:国际法与国内法视角(全2册) 上册
简 介:The external cause theories are those theories that have implications on emergence,development and reform of the pension insurance law from the outside. They are summarized as external cause theories because they came respectively earlier than emergence,development and reform of the pension insurance law and pushed forward the evolvement of the pension insurance law as the external driving force. The external cause theories include the New Historicism,Welfare Economics,Neo-Liberalism and the Third Way theory. If the pension insurance law was a kaffir Lily,then the external cause theories should be the soil,water,air and sunshine. Worldwide,the external cause theories of the pension law have evolved from active state intervention,state taking whole responsibility,free market adjustment,to management through state intervention in combination with the market. On one hand,this evolution process conforms to the process of the establishment,development and reform of the pension insurance law. On the other,it also corresponds with the development of the balance between “the visible hand and the invisible one” as elaborated in the economic theories. In academic circles,there is plenty of literature on the external cause theories pertaining to social security or the social insurance law,while that on the external cause theories of the pension insurance law is seldom found. Furthermore,the external cause theory has not been raised yet.
¥ 4.07 试读
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Pregnancy Discrimination:Why does the Practice Persists despite Prohibition by Law? 收藏
作者: 李西霞 [瑞]丽狄娅·R.芭斯塔·弗莱纳(Lidija R. Basta Fleiner) 主编 出版时间:2019年12月
关键词:
出处: 妇女社会权利的保护:国际法与国内法视角(全2册) 上册
简 介:Pregnancy discrimination is a type of gender discrimination in employment. Currently,various kinds of discrimination against pregnant women by employers still exist in great abundance in China despite the fact that a relatively complete system of law on the prohibition of pregnancy discrimination has already been established in the country. This paradoxical phenomenon in the fight against discrimination in employment in China affords much food for thought. Women’s legal rights represent only women’s opportunities of enjoying these rights. Without cultural and social environments favourable to their realization,these rights will be faced with multiple nullifications,leading to situations contrary to what legislators have envisaged:on the one hand,pregnancy discrimination is prohibited by numerous laws and regulations;but on the other,it is widely practiced in society. Victims of pregnant discrimination include not only ordinary pregnant female employees,but also female college graduates at the high end of employment,who find themselves unwelcome in the job market as “potential pregnant women”. Those who are lucky enough to find a job will be faced with discrimination once again when they get pregnant. A survey of 2543 women who had just given birth to a child showed that over 40% of them found it difficult to go back to their original work posts after maternity leave,and over 70% of women in the middle management had their careers negatively affected by childbirth. However,not much attention has been paid by Chinese scholars in the Mainland to the causes behind such phenomenon. Taiwanese scholars Guo Linghui and Jiao Xingkai have carried out systematic analysis on the U.S. legislation on pregnancy discrimination and the relevant case law. On the basis of such analysis and in light of the situation in Taiwan province,they put forward corresponding legislative proposals. This article proceeds from the phenomenon of pregnancy discrimination in society,explores the multiple nullification faced by a women’s legal issue with universal significance after it had been turned into legal right in China,and puts forward strategies for the reconstruction of this right.
¥ 4.19 试读