党和苹:Invoking Educational Duty of States on Capital Punishment Issue - 大会发言 - 中国人权网

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党和苹:Invoking Educational Duty of States on Capital Punishment Issue
2019-03-28 11:48:59   来源:中国人权网   作者:

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3月30日,由中国政法大学人权研究院主办、中国人权网协办的首届“中国人权青年论坛”在京举行。图为香港中文大学(深圳)讲师党和苹作题为《Invoking Educational Duty of States on Capital Punishment Issue》的发言。焦飞摄
 
题 目:Invoking Educational Duty of States on Capital Punishment Issue
 
Abstract: It’s quite common that states invoke public opinion to explain their maintenance of capital punishment. In China, scholars keep urging states to lead public opinion against capital punishment. These urges to date have been more like moral appeals. This article tries to reinforce these urges by adding more weight to it through international legal perspective. Under international law, states bear educational duty to protect and progress human rights situations. This duty applies to, or will apply to if it has not, capital punishment and public opinion issue. States’ educational duty to protect and promote human rights have long been ignored or underestimated. Some international norms such as ‘all necessary measures to abolish the death penalty’ can be exerted on capital punishment and public opinion matter. More importantly, international law has been developing a new norm, directly calling on states to lead public opinion on the death penalty issue. This is a new tendency of international law. 
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