权利视角下工时制度演进的历史回顾

工时制度历经数百余年的演进过程,从超越人体极限的十几个小时至现代社会适度工作时间的实现,各种权利思想扮演了重要角色。伴随启蒙运动中普遍性权利的觉醒,部分人权思想如平等、自由为后来工时制度演变起到了启蒙作用,启蒙运动后社会权的进一步发展则使劳动者实现了向社会人地位的转变。资本主义的发展使劳动时间的价值凸显并且劳动时间不断被延长,伴随着劳动者地位的改善及工人阶级权利意识的觉醒,工人发起缩短工时的罢工运动并成为工时制度演变的直接推动力。适度性是工时制度所追求的目标,伴随着各方的博弈,工时演变的最终结果是实现了各方的适度性,推动了社会的发展。     

Child protection and welfare: cultures,policies, and practices

Child protection and welfare have become international issues in a globalized world. Ideas about childhood and the upbringing of children vary widely, depending upon the prevailing economic, socio-cultural, religious, and political contexts. These have had dramatic effects on the way societies value children, and the role acquired by the state in their protection and advancing their well-being. Children, however, remain at risk. They are placed at risk by the breakdown of extended family systems as a result of urbanization, and as a result of impaired functioning of some nuclear families, in the absence of kinship safety nets. Some traditional cultural practices place children at risk, especially girl children. Poverty creates risks for all children but it can create specific catastrophic risks for girls. Countries can enact visionary laws intended to protect children, but they will be ineffective against entrenched social attitudes, especially if only limited resources can be provided to implement and enforce them. This is the ultimate challenge that the world community must address if the vision of the United Nations Convention on the Rights of the Child is to be realized.     

Mitigating Harm: Considering Harm Reduction Principles in Work with Sexually Exploited Young People

A growing awareness of child sexual exploitation (CSE) in the United Kingdom and throughout the world has prompted human service and legal/policy professionals to seek ways of engaging young people experiencing sexual exploitation, although much remains unknown regarding effective practice, and whether or not current knowledge regarding best practices with young people can be expanded to address CSE. This paper considers how principles of harm reduction, a public health approach widely used to engage adults and young people in help‐seeking behaviours, can be considered as part of a children's rights‐centred approach to policy and practice with young people experiencing CSE.     

‘Some people are not allowed to love’: intimate citizenship in the lives of people labelled with intellectual disabilities

Disability helps us think differently about the ‘ideal’ neoliberal-able citizen who may not equate to ideas of productive, sexual, ‘normal’. Intimate citizenship – our rights and access to intimacy – is often ignored by those working with people labelled with intellectual disabilities and in research. In this article, we discuss the outcome of a dialogue between self-advocates labelled with intellectual disabilities, academics, service providers, Aboriginal leaders, students and artists about intimate citizenship through love, intimate work and consumption.     

Standing up to complexity: researching moral panics in social work

Moral panics are central to social work policy and practice. Voluntary agencies and statutory bodies (including governments) create and sustain moral panics in order to raise awareness of, and win support for, their own understandings of social issues and problems. This is not a neutral enterprise; on the contrary, moral panics often have consequences that are negative, whether intended or unintended. Far from leading to greater social justice and a more equal society, they may reinforce stereotypes and lead to fearful, risk-averse practice. This paper discusses one such moral panic in 2013 that centred on the story of ‘Maria’, a Bulgarian Roma child living in Greece. The paper explores the meaning and use of the concept of moral panic before unpacking this case-study example in more detail. We argue that the moral panic over ‘Maria’ has much to tell us about ideas of welfare and protection, institutional racism and children and childhood, as well as the connections between ‘private troubles’ and ‘public issues’. We conclude that social work as a profession must stand up to complexity, and in doing so, be aware of its own role in relation to moral panics.     

Globalization and Collective Labor Rights

The impact of globalization has been a perennial source of contention, and issues regarding labor rights have been a visible aspect of this struggle. Despite the popular controversy about a potential “race to the bottom” regarding globalization and labor rights, the empirical record on these linkages remains mixed. Moreover, despite the multifaceted nature of globalization, extant literature in this area has focused purely on several specific facets of economic globalization, such as trade and FDI. We focus on two additional aspects of globalization, social and political integration, as well as a broadly based measure of economic globalization, and examine how they influence collective labor rights—both in terms of labor laws, as well as their enforcement in practice—in the developing world from 1986 to 2002. We find that all three facets of globalization are negatively related to labor rights. Specifically, social, political, and economic globalization are related to the decoupling of labor practices from extant labor laws; that is, labor practices deteriorate while labor laws remain largely unaffected.     

知识产权“十二五”发展规划实施的关键难题与机遇研究

知识产权＂十二五＂发展规划具有多重属性与复杂性、制定组织结构多元化、地区发展不平衡及其与环境匹配较难等特点,较薄弱的知识产权基础因素与国际发展动态影响下,使得我国知识产权＂十二五＂发展规划实施挑战与机遇并存。     

社会主义法治理念在检察工作中的深化与拓展——以检察文化建设为视角

社会主义法治理念是检察文化建设的根本指针,检察文化是社会主义法治理念的有效载体,两者互为依存,相互促进。社会主义法治理念在检察工作中深化与拓展的最终归宿是:符合社会主义法治理念核心要求的检察文化的形成。社会主义法治理念在检察工作中深化与拓展的基本路径是通过检察文化建设实现司法理念从宏观层面向微观层面的转化,即打击犯罪与保障人权相统一、程序正义与实体正义相统一、协作与监督相统一、法律效果与社会效果相统一、案件数量与案件质量相统一。     

Rights discourses in relation to education of people with intellectual disability: towards an ethics of care that enables participation

In this paper we argue that human rights approaches for intellectually disabled people have failed to recognise the complexity of rights claims made by and on behalf of this group. Drawing on a research project into discourses of education for intellectually disabled people in the Eastern Cape, South Africa we discern three rights discourses; namely, rights to full participation, rights to special services and rights to protection. These draw off a social model, a medical model and a protective model, respectively. We note that these discourses may be set up in contestation with each other. However, we argue that they can be seen as complementary if viewed within an ethics of care that enables participation. Within this conceptualisation, participation is viewed within relations of care but is subject to a critique that examines the role of context and disciplinary power in constructing dependency.     

道德权利如何为正当的权利体系奠基

让法律权利趋向道德权利的正当性,并以此明确权利的道德性,是建构具有普遍伦理本质的权利体系的基础环节.道德权利没有使人走向道德善的功能,却是禁止道德恶产生的工具,因为它是人们追求利益的自由,是社会平等的前提和公权力的界限.道德权利与法律权利是异质性的存在,两者应当保持界限.道德权利对法律权利的价值范导以及它与法律权利的互释及其相对界划,使其发挥着为具有伦理普遍性的权利体系奠基的功能.在当今中国,道德权利的现实语境应为平等保护弱势群体的私权,此之为一种公共秩序意义上的正当,即一种人权.