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Human rights in China
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Human rights in China
Human rights in the People's Republic of China are poor, as per reviews by international bodies, such as human rights treaty bodies and the United Nations Human Rights Council's Universal Periodic Review. The Chinese Communist Party (CCP), the government of the People's Republic of China (PRC), their supporters, and other proponents claim that existing policies and enforcement measures are sufficient to guard against human rights abuses. However, other countries (such as the United States and Canada), international non-governmental organizations (NGOs) including Human Rights in China and Amnesty International, and citizens, lawyers, and dissidents inside the country, state that the authorities in mainland China regularly sanction or organize such abuses.
Independent NGOs such as Amnesty International and Human Rights Watch, as well as foreign governmental institutions such as the U.S. State Department, regularly present evidence of the PRC violating the freedoms of speech, movement, and religion of its citizens and of others within its jurisdiction. Authorities in the PRC claim improvement in human rights, as they define them differently, so as to be dependent on "national culture" and the level of development of the country. However, governments have a duty to promote and protect all human rights universally, regardless of their national circumstances. PRC politicians have repeatedly maintained that, according to the PRC Constitution, the "Four Cardinal Principles" supersede citizens' rights. PRC officials interpret the primacy of the Four Cardinal Principles as a legal basis for the arrest of people who the government says seek to overthrow the principles. Chinese nationals whom authorities perceive to be in compliance with these principles, on the other hand, are permitted by the PRC authorities to enjoy and exercise all the rights that come with citizenship of the PRC, provided they do not violate PRC laws in any other manner.
Numerous human rights groups have publicized human rights issues in mainland China that they consider the government to be mishandling, including the death penalty (capital punishment), the one-child policy (prior to abolishing it in 2015), the political and legal status of Tibet, neglect of freedom of the press in mainland China, the lack of an independent judiciary, rule of law, and due process, the severe lack of workers' rights (in particular the hukou system which restricts migrant labourers' freedom of movement), the absence of labour unions independent of the CCP, allegations of discrimination against rural workers and ethnic minorities, the lack of religious freedom – rights groups have highlighted repression of the Christian, Tibetan Buddhist, Uyghur Muslim, and Falun Gong religious groups. Some Chinese activist groups are trying to expand these freedoms, including Human Rights in China, Chinese Human Rights Defenders, and the China Human Rights Lawyers Concern Group. Chinese human rights attorneys who take on cases related to these issues, however, often face harassment, disbarment, and arrest.
In a human rights report that assesses social, economic, and political freedoms, China has received the lowest ranking globally for safety from state actions and the right to assemble.
Since the legal reforms of the late 1970s and 1980s, the CCP has officially moved attempted to embrace the language of the rule of law and it has also attempted to establish a modern court system. During this process, it has enacted thousands of new laws and regulations, and it has begun to train more legal professionals. The concept of 'rule of law' has been emphasized in the constitution, and the ruling party has embarked on campaigns to promote the idea that citizens have protection under the law. At the same time, however, a fundamental contradiction exists in the constitution itself, in which the Communist Party insists that its authority supersedes that of the law. Thus, the constitution enshrines the rule of law, yet simultaneously stresses the principle that the "leadership of the Communist Party" holds primacy over the law and the legal system.
The judiciary is not independent of the CCP, and judges face political pressure; in many instances, private party committees dictate the outcome of cases. In 2007, law and the judiciary were further subordinated to the interests of the CCP under the doctrine of the Three Supremes. This has produced a system often described as "rule by law" (alluding to the CCP's power), rather than rule of law. Moreover, the legal system lacks protections for civil rights, and often fails to uphold due process. This is opposed to a system of checks and balances or separation of powers.
Foreign experts estimate that in 2000, there were between 1.5 million and 4 million people in prison in mainland China. The PRC does not allow outsiders to inspect its penal system.
Although the 1982 constitution guarantees freedom of speech, the Chinese government often uses the "subversion of state power" and "protection of state secrets" clauses in their law system to imprison those who criticize the government. Another crime used to jail critics such as Sun Dawu is "picking quarrels and provoking trouble".
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Human rights in China
Human rights in the People's Republic of China are poor, as per reviews by international bodies, such as human rights treaty bodies and the United Nations Human Rights Council's Universal Periodic Review. The Chinese Communist Party (CCP), the government of the People's Republic of China (PRC), their supporters, and other proponents claim that existing policies and enforcement measures are sufficient to guard against human rights abuses. However, other countries (such as the United States and Canada), international non-governmental organizations (NGOs) including Human Rights in China and Amnesty International, and citizens, lawyers, and dissidents inside the country, state that the authorities in mainland China regularly sanction or organize such abuses.
Independent NGOs such as Amnesty International and Human Rights Watch, as well as foreign governmental institutions such as the U.S. State Department, regularly present evidence of the PRC violating the freedoms of speech, movement, and religion of its citizens and of others within its jurisdiction. Authorities in the PRC claim improvement in human rights, as they define them differently, so as to be dependent on "national culture" and the level of development of the country. However, governments have a duty to promote and protect all human rights universally, regardless of their national circumstances. PRC politicians have repeatedly maintained that, according to the PRC Constitution, the "Four Cardinal Principles" supersede citizens' rights. PRC officials interpret the primacy of the Four Cardinal Principles as a legal basis for the arrest of people who the government says seek to overthrow the principles. Chinese nationals whom authorities perceive to be in compliance with these principles, on the other hand, are permitted by the PRC authorities to enjoy and exercise all the rights that come with citizenship of the PRC, provided they do not violate PRC laws in any other manner.
Numerous human rights groups have publicized human rights issues in mainland China that they consider the government to be mishandling, including the death penalty (capital punishment), the one-child policy (prior to abolishing it in 2015), the political and legal status of Tibet, neglect of freedom of the press in mainland China, the lack of an independent judiciary, rule of law, and due process, the severe lack of workers' rights (in particular the hukou system which restricts migrant labourers' freedom of movement), the absence of labour unions independent of the CCP, allegations of discrimination against rural workers and ethnic minorities, the lack of religious freedom – rights groups have highlighted repression of the Christian, Tibetan Buddhist, Uyghur Muslim, and Falun Gong religious groups. Some Chinese activist groups are trying to expand these freedoms, including Human Rights in China, Chinese Human Rights Defenders, and the China Human Rights Lawyers Concern Group. Chinese human rights attorneys who take on cases related to these issues, however, often face harassment, disbarment, and arrest.
In a human rights report that assesses social, economic, and political freedoms, China has received the lowest ranking globally for safety from state actions and the right to assemble.
Since the legal reforms of the late 1970s and 1980s, the CCP has officially moved attempted to embrace the language of the rule of law and it has also attempted to establish a modern court system. During this process, it has enacted thousands of new laws and regulations, and it has begun to train more legal professionals. The concept of 'rule of law' has been emphasized in the constitution, and the ruling party has embarked on campaigns to promote the idea that citizens have protection under the law. At the same time, however, a fundamental contradiction exists in the constitution itself, in which the Communist Party insists that its authority supersedes that of the law. Thus, the constitution enshrines the rule of law, yet simultaneously stresses the principle that the "leadership of the Communist Party" holds primacy over the law and the legal system.
The judiciary is not independent of the CCP, and judges face political pressure; in many instances, private party committees dictate the outcome of cases. In 2007, law and the judiciary were further subordinated to the interests of the CCP under the doctrine of the Three Supremes. This has produced a system often described as "rule by law" (alluding to the CCP's power), rather than rule of law. Moreover, the legal system lacks protections for civil rights, and often fails to uphold due process. This is opposed to a system of checks and balances or separation of powers.
Foreign experts estimate that in 2000, there were between 1.5 million and 4 million people in prison in mainland China. The PRC does not allow outsiders to inspect its penal system.
Although the 1982 constitution guarantees freedom of speech, the Chinese government often uses the "subversion of state power" and "protection of state secrets" clauses in their law system to imprison those who criticize the government. Another crime used to jail critics such as Sun Dawu is "picking quarrels and provoking trouble".