8 research outputs found

    The Human Rights of Women in the Hong Kong Special Administration Region

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    Although Hong Kong is a party to the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW) and has enacted legislation to safeguard women’s rights, the existing framework of protection is inadequate in critical respects and fails to achieve substantive equal protection for women. This paper examines existing law and policy governing women’s rights and identifies the underlying causes for its continued failings. It identifies some of the key gaps that render women continually vulnerable to discriminatory treatment. This paper concludes by outlining recommendations for achieving the goals of substantive and transformative equality for women

    "Article 1" [Discrimination]

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    This new edition of the Commentary on the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW or the Convention) and its Optional Protocol appears a decade after the first edition

    Hanging in a Balance: Freedom of Expression and Religion

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    When the liberty to freely express oneself is at odds with another\u27s right to freedom of religion, we are confronted with the classic dilemma of choosing between two equally fundamental, constitutionally and internationally protected rights. The contours of the said two rights however, are far from clear. Whilst freedom of expression is not an absolute right, its limits are controversial. Equally, while it is undisputed that freedom of religion is an internationally protected human right enshrined in various international instruments, there is no comprehensive international treaty which addresses as its subject the content and extent of the right of freedom of religion, thus it is uncertain whether it entails the right to have one\u27s religious faith and symbols protected from insult. The unsettled boundaries of dispute arising from the clash between two fundamental rights have led to bitter tensions between freedom of expression and concerns to protect and respect religious sentiments. Religious communities feel outraged that their religious beliefs and sacred symbols are mocked, insulted, attacked or vilified. Aggrieved believers argue that respect for religious beliefs and symbols is fundamental to, and part and parcel of, the right of freedom of religion and that freedom of expression, although equally fundamental, is not without its limits. On the other hand, the authors and creators of these controversial works argue that any law seeking to restrict their works amounts to a violation of the sacrosanct right of freedom of expression, which is the bedrock of any democratic society. These arguments require an exploration of the rationales underpinning the freedoms of expression and religion to determine the boundaries and limits of each of these rights. On the far right, the United States endows the freedom of expression with sacrosanct status, which can be limited only where there is a risk of imminent danger or physical harm to third parties or a threat of an imminent outbreak of violence. In marked contrast is the German model, where an individual\u27s religious sentiments, dignity and identity are protected from scurrility and ridicule and any form of degrading speech against any religion is outlawed. Lying between these two extremes are the European Court of Human Rights and the Australian systems which have endeavored to strike a delicate balance between respect for religious sentiments and free speech. This paper will bring these perspectives to bear on the challenge of balancing the rights offreedoms of expression and religion. Part I of this paper examines the content of the right to freedom of religion and whether it entails a right to protection from ridicule, scurrility, vilification and insults directed at one\u27s religious teachings, symbols or beliefs from the perspective of international human rights law. Parts II and III review the approach of regional and national \u27models of regulation\u27 (the United States, Germany, the European Court of Human Rights, and Australia) to examine the unique experiences of these systems and the benefits, pitfalls and complexities inherent in legislating against speech or conduct which \u27hurts\u27 the sentiments of groups or individuals, who find their religious beliefs the subject of provocative, insulting, vilifying or offensive expressions. To end this \u27clash\u27 between secular libertarians and the faithful, this paper argues that a contextualized approach should be adopted in individual cases to carefully examine the value of the speech concerned, the \u27harm\u27 caused by it, and the position of the targeted individuals, group or community in that particular society and generally. It is only through such a contextualized consideration of the rights concerned, can an appropriate balance be struck to secure the interests concerned

    Developing Capacities for Inclusive Citizenship in Multicultural Societies: The Role of Deliberative Theory and Citizenship Education

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    Political frameworks such as assimilation, accommodation and multiculturalism that have sought to address difference have failed to achieve political equality and inclusion for immigrants, driven primarily by the flawed understanding of culture and identity in multicultural states. Offering a brief critique of these models, this essay advocates the use of deliberative theory in citizenship education as instrumental to building capacities for inclusive citizenship and cultivating belonging and inclusion in diverse societies. Deliberative practice enables the reconceptualization of citizenship as performative, involving responsibilities for dialogic engagement. Such capacities and responsibilities are indispensable for a just political order in multicultural societies. © 2012 The Author(s).published_or_final_versio

    The Human Rights of Women in the Hong Kong Special Administration Region

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    Although Hong Kong is a party to the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW) and has enacted legislation to safeguard women’s rights, the existing framework of protection is inadequate in critical respects and fails to achieve substantive equal protection for women. This paper examines existing law and policy governing women’s rights and identifies the underlying causes for its continued failings. It identifies some of the key gaps that render women continually vulnerable to discriminatory treatment. This paper concludes by outlining recommendations for achieving the goals of substantive and transformative equality for women

    Kindergarten children's perceptions of the social unrest in Hong Kong

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    Hong Kong experienced a period of significant social unrest, marked by protests, from June 2019 to February 2020. Media coverage was pervasive. In July 2020, children aged from 5 to 6 years attending kindergartens in areas both directly and less directly impacted by the protests were asked to draw and talk about what had taken place during the social unrest. Thematic analysis of children's drawings demonstrates the extent of their awareness and understanding and suggests that children perceived both protestors and police as angry and demonstrating aggression. Many children were critical of police conduct and saw protestors as needing protection from the police. Children around the world have been exposed to protest movements in recent times. The implications for parents, teachers and schools are discussed
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