24字真言是社会主义的人权宣言

这段时间研读《联合国世界人权宣言》,发现国内强调的社会主义核心价值24字真言与《人权宣言》几乎完美吻合(只有“爱国”和“敬业”这两项阙如)。可见人同此心,无论中外。

下面做一番考证,说明政府是借鉴了人类文明的精华,提出这些价值观的。

1 富强

关于富强,《宣言》首先论及的是社会经济的发展需要确保个人的丰衣足食的基本人权(免于匮乏):

[免于恐惧, 心情舒畅。
免于匮乏, 丰衣足饷]11

Whereas [disregard and contempt for human rights]7 have resulted in [barbarous acts]8 which have [outraged the conscience of mankind]9, and the advent of a world in which human beings shall [enjoy freedom of speech and belief]10 and [freedom from fear and want]11 has been proclaimed as [the highest aspiration of the common people]12

扩展自由21, 改善民生22

Whereas the peoples of the United Nations have in [the Charter reaffirmed their faith in fundamental human rights]16, in [the dignity and worth of the human person]17 and in [the equal rights of men and women]18 and havedetermined to promote20[social progress]23 and [better standards of life]22 in [larger freedom]21

毫无疑问,国家富强是是实现社会主义和福利的保障。《宣言》认为国富是隐含的前提,是手段,目的还是人民的富裕。关于这点第22条有论述:

社会保障,各项福利。

个性发展,公民权益。

国际合作,国家努力。

国情不同,资源不一。

尽力而为,社会主义。

Article 22

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

2. 民主

第21条专论民主及其程序:

天下兴亡,匹夫有责。

或选代表,或竞公职。

公职竞岗,人人可上。

人民意志,政府基石。

平等投票,自由选举。

程序公正,选不记名。

Article 21

1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

2. Everyone has the right to equal access to public service in his country.

3. The will of the people shall be the basis of the authority of government; this will shall be expressed inperiodic and genuine elections which shall be byuniversal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

最后还有提到,(个人权利应该) 在一个民主的社会中适应道德、公共秩序和普遍福利的正当需要

In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

3. 文明

虽然《宣言》没有用文明(civilization)这个字眼,但整篇《宣言》就是建立在现代文明社会的基础之上,回顾了人类历史上的野蛮暴行(指的是反文明的种族灭绝、世界大战等人类悲剧)。正是为了防止反文明的社会复辟,才有《人权宣言》标准的制定和发布。

践踏人权7,野蛮暴行8
玷污良心9,天下不宁。

Whereas [disregard and contempt for human rights]7 have resulted in [barbarous acts]8 which have [outraged the conscience of mankind]9, and the advent of a world in which human beings shall [enjoy freedom of speech and belief]10 and [freedom from fear and want]11 has been proclaimed as [the highest aspiration of the common people]12

4. 和谐

和谐社会,和平世界,是联合国宪章和《人权宣言》的主要宗旨。有很多论述。

自由正义5,世界和平6

Whereas recognition3 of [the inherent dignity]1 and of [the equal and inalienable rights]2 of all members of the human family is the foundation4 of [freedom, justice]5 and [peace in the world]6

增进友谊,维护和平。族裔和谐,世界大同。

 Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms.It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

5. 自由

自由是《宣言》中反复强调的基本人权,计29处之多。各种具体的自由权利也都有详细阐释。

自由正义5,世界和平6

…the foundation4 of [freedom, justice]5 and [peace in the world]6…

[言论无罪, 自由信仰]10

… enjoy freedom of speech and belief]10 and [freedom from fear and want]11 …

扩展自由21, 改善民生22

… [better standards of life]22 in [larger freedom]21,…

the promotion of universal respect for and observance of human rights and fundamental freedoms,

All human beings are born free and equal in dignity and rights.

Everyone is entitled to all the rights and freedoms set forth in this Declaration

迁徙自由,择地而居。

Everyone has the right to freedom of movement and residence within the borders of each State.

男女平等,自由成亲。

Marriage shall be entered into only with the free and full consent of the intending spouses.

思想无罪,宗教自由。

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

发表主张,言论自由。

Everyone has the right to freedom of opinion and expression;this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

和平集会,结社自由。

 Everyone has the right to freedom of peaceful assembly and association.

平等投票,自由选举。

Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

…by equivalent free voting procedures.

自由择业,工作权利。

Everyone has the right to work, to free choice of employment,to just and favourable conditions of work and to protection against unemployment.

6. 平等

这也是《宣言》中强调最多的价值。而且规定了各项平等的具体条款。

人有尊严1,生而平等2

Whereas recognition3 of [the inherent dignity]1 and of [the equal and inalienable rights]2 of all members of the human family is the foundation4 of [freedom, justice]5 and [peace in the world]6

人格尊严17, 男女平权18

… [the equal rights of men and women]18

天下为公,平等而生。

All human beings are born free and equal in dignity and rights.

法律面前,人人平等。

All are equal before the lawand are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

公开审讯,完全平等。

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal

自始至终,平权婚姻。

They are entitled to equal rights as to marriage, during marriage and at its dissolution.

公职竞岗,人人可上。

Everyone has the right to equal access to public service in his country.

平等投票,自由选举。

…periodic and genuine elections which shall be byuniversal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

同工同酬,不受歧视。

Everyone, without any discrimination, has the right toequal pay for equal work.

高教龙门,唯才是举。

higher education shall be equally accessible to all on the basis of merit.

7. 公正

自由正义5,世界和平6

[freedom, justice]5 and [peace in the world]6

自由择业,工作权利。条件公正,环境合理。

Everyone has the right to work, to free choice of employment,to just and favourable conditions of work and to protection against unemployment.

薪酬合理,养家养己。

 Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity

高教龙门,唯才是举。

higher education shall be equally accessible to all on the basis of merit.


8. 法治

[人权自由,法律保障]14

[human rights should be protected by the rule of law]14

法人资格,剥夺不容。无论何往,一视同仁。

Everyone has the right torecognition everywhere as a person before the law.

法律面前,人人平等。

All are equal before the lawand are entitled without any discrimination to equal protection of the law.

人权受侵,依法索赔。国家法庭,保证实施。

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

未经庭判,无罪推定。辩护权益,充分保证。

Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

法不追溯,以时而定。量罪入刑,重判不行。

No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

通信家居,各自隐私。个人生活,不得干预。人身攻击,绝对禁止。有法有律,保护名誉。

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation.Everyone has the right to the protection of the law against such interference or attacks.

自由权利,唯法可限。法限宗旨,公共秩序。

In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

9. 爱国

联合国主张大同社会,爱国自然不在其列。从历史上看,爱国有很多含义,各人的理解很不相同。

这是24字真言中在《宣言》中完全不被提及的价值。

10. 敬业

敬业谈的是劳工义务,《宣言》强调的是劳工权益和社会主义对资本和雇主的规约,因此没有什么特别的反映。

11.  诚信

诚信是为人的基本道德,属于义务的范畴,不是《人权宣言》的重点。但《宣言》提到了行使自己的个人权利和自由的时候,不能违反公共秩序和侵犯他人的自由权利,这里面隐含了对诚信的要求。不过,《宣言》的这种要求不是以道德价值来规约个人,而是强调用法治来保障。

自由权利,唯法可限。法限宗旨,公共秩序。

个体自由,充分发展。他人权益,不得侵犯。

In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

12.  友善

四海之内,皆兄弟情。

All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience andshould act towards one another in a spirit of brotherhood.

 

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