國際人權(quán)法視野下的強迫遷離
發(fā)布時間：2019-04-09 14:00
【摘要】：人權(quán)源于人的生命和固有尊嚴，所有人權(quán)都是對人的尊嚴的宣示，人權(quán)又是普遍性的權(quán)利，這在國際人權(quán)法中體現(xiàn)為習慣國際國法或協(xié)議國際法所承認的、國際社會所能接受或承擔的最低限度的標準。但是，受制于人的認識能力，人們所能認識到人權(quán)和應然的人權(quán)之間存在巨大差距，這就決定了國際人權(quán)法中的人權(quán)是一種開放性的概念。但是同時，我們也不能泛化的理解人權(quán)，必須對其有明確的界定，才能對其進行有效的保護。 作為一種嚴重侵犯人權(quán)尤其是適足住房權(quán)的現(xiàn)象，，強迫遷離為國際社會所不能容忍。聯(lián)合國的各人權(quán)機構(gòu)做出了大量的一般性意見、建議和決議等文件對國際人權(quán)法的相關(guān)條款及其法理進行論述，明確了強迫遷離是國際人權(quán)法所禁止的行為。本文基于對這些國際人權(quán)文件的解讀，分析和論述了國際人權(quán)法視野下，強迫遷離的界定、國際人權(quán)法保護人們免遭強迫遷離的依據(jù)、關(guān)于強迫遷離的相關(guān)國際標準以及現(xiàn)有制度的不足和完善等問題以期為今后的相關(guān)立法或?qū)W術(shù)研究提供一些思路。 本文由三個部分及結(jié)論組成，具體如下： 第一部分是強迫遷離的概述。這一部分主要論述了何謂強迫遷離、強迫遷離與類似概念的區(qū)分、強迫遷離的特征；強迫遷離產(chǎn)生的原因；強迫遷離引發(fā)的人權(quán)侵害；保護免遭強迫遷離的法治和人權(quán)理論基礎(chǔ)。 第二部分對保護免遭強迫遷離的國際人權(quán)法基礎(chǔ)進行論述。這一部分主要涉及對強迫遷離進行國際保護的國際人權(quán)法淵源以及國家與強迫遷離兩個部分。后者又包括國家承擔相應義務的國際法依據(jù)、國家義務二項內(nèi)容。 第三部分對保護免遭強迫遷離的國際標準的內(nèi)容進行概括和總結(jié)。這一部分主要通過對經(jīng)濟、社會和文化權(quán)利委員會第7號一般性意見、《強迫遷離：關(guān)于發(fā)展引起的流離失所的全面人權(quán)準則》以及《關(guān)于出于發(fā)展目的的搬遷和遷離問題的基本原則和準則》三份國際人權(quán)文書的分析而進行論述。 結(jié)論部分主要是對前三章所做論述的總結(jié)，指出了國際人權(quán)法保護免遭強迫遷離現(xiàn)狀所存在的不足，并提出了相應的完善建議。
[Abstract]:Human rights are derived from human life and inherent dignity, and all human rights are an expression of human dignity, and human rights are the right to universality, as recognized in international human rights law as a minimum standard recognized by customary international law or in accordance with international law, as recognized by customary international law or in accordance with international law. However, there is a large gap between human rights and the human rights to be recognized, which determines that human rights in international human rights law are an open concept. But at the same time, we can't make a generalization of the human rights, and it must be clearly defined before it can be effectively protected. Forced evictions, as a serious human rights violation, in particular the right to adequate housing, cannot be accommodated by the international community The United Nations human rights bodies have made numerous general comments, recommendations and resolutions on the relevant provisions of international human rights law and their jurisprudence, and it is clear that forced evictions are prohibited by international human rights law In this paper, based on the interpretation, analysis and discussion of these international human rights documents, the definition of forced evictions in the field of international human rights law, the protection of people from forced evictions in international human rights law are analysed and discussed. The relevant international standards on forced evictions, as well as the deficiencies and improvements of existing systems, were reported with a view to providing a number of ideas for future relevant legislation or academic research The paper is composed of three parts and conclusions. The body is as follows: The first part is forced An overview of evictions. This section focuses on the distinction between forced evictions, forced evictions and similar concepts, the characteristics of forced evictions, the causes of forced evictions, the human rights violations resulting from forced evictions, the rule of law and human rights to protect against forced evictions The second part of the right to the protection of international human rights from forced evictions On the basis of the law, this part is primarily concerned with the origin of international human rights law for the international protection of forced evictions, as well as the State and the strong Two parts of forced evictions, which, in turn, include the basis of international law on which the State bears the corresponding obligation, and the State II. Part III: International standards for protection against forced evictions The content is summarized and summarized, as part of which is mainly adopted by the Committee on Economic, Social and Cultural Rights, No.7 Sexual Views,
【學位級別】：碩士
【學位授予年份】：2012
【分類號】：D998.2
本文編號：2455243
[Abstract]:Human rights are derived from human life and inherent dignity, and all human rights are an expression of human dignity, and human rights are the right to universality, as recognized in international human rights law as a minimum standard recognized by customary international law or in accordance with international law, as recognized by customary international law or in accordance with international law. However, there is a large gap between human rights and the human rights to be recognized, which determines that human rights in international human rights law are an open concept. But at the same time, we can't make a generalization of the human rights, and it must be clearly defined before it can be effectively protected. Forced evictions, as a serious human rights violation, in particular the right to adequate housing, cannot be accommodated by the international community The United Nations human rights bodies have made numerous general comments, recommendations and resolutions on the relevant provisions of international human rights law and their jurisprudence, and it is clear that forced evictions are prohibited by international human rights law In this paper, based on the interpretation, analysis and discussion of these international human rights documents, the definition of forced evictions in the field of international human rights law, the protection of people from forced evictions in international human rights law are analysed and discussed. The relevant international standards on forced evictions, as well as the deficiencies and improvements of existing systems, were reported with a view to providing a number of ideas for future relevant legislation or academic research The paper is composed of three parts and conclusions. The body is as follows: The first part is forced An overview of evictions. This section focuses on the distinction between forced evictions, forced evictions and similar concepts, the characteristics of forced evictions, the causes of forced evictions, the human rights violations resulting from forced evictions, the rule of law and human rights to protect against forced evictions The second part of the right to the protection of international human rights from forced evictions On the basis of the law, this part is primarily concerned with the origin of international human rights law for the international protection of forced evictions, as well as the State and the strong Two parts of forced evictions, which, in turn, include the basis of international law on which the State bears the corresponding obligation, and the State II. Part III: International standards for protection against forced evictions The content is summarized and summarized, as part of which is mainly adopted by the Committee on Economic, Social and Cultural Rights, No.7 Sexual Views,
【學位級別】：碩士
【學位授予年份】：2012
【分類號】：D998.2
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本文編號：2455243
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