Chinese Human Rights Law

The Constitutional Framework

The Constitution of the People’s Republic of China, adopted in 1982 and amended most recently in 2018, establishes the fundamental rights and duties of citizens in Chapter 2, comprising Articles 33 through 56. The Chinese constitutional approach to human rights operates within the framework of socialism with Chinese characteristics, in which individual rights are understood in the context of social harmony, the collective interest, and the leadership of the Communist Party of China.

Article 33 of the Constitution establishes the principle of equality before the law and provides that the state respects and guarantees human rights. The phrase “the state respects and guarantees human rights” was introduced by the 2004 constitutional amendment, marking a significant development in China’s constitutional human rights framework. Article 34 guarantees the right to vote and stand for election for all citizens who have reached the age of eighteen, regardless of nationality, race, sex, occupation, family background, religious belief, education, property status, or length of residence. Article 35 guarantees the freedoms of speech, press, assembly, association, procession, and demonstration, though these freedoms are subject to limitations imposed by legislation regulating public order and state security.

Article 36 guarantees freedom of religious belief, providing that no state organ, social organisation, or individual may compel citizens to believe in or not believe in any religion, and that the state protects normal religious activities. Article 37 guarantees personal inviolability, prohibiting unlawful detention, deprivation, or restriction of personal freedom by any other unlawful means. Article 40 guarantees the freedom and privacy of correspondence. Article 41 guarantees the right to criticise and make suggestions to state organs and to bring complaints or charges against state organs for violation of the law.

Economic and Social Rights

The Chinese Constitution places particular emphasis on economic and social rights. Article 42 establishes the right and duty to work, providing that the state creates conditions for employment, improves working conditions, and sets remuneration. Article 43 guarantees the right to rest, including regular working hours and a system of holidays and vacations. Article 45 guarantees the right to social assistance, providing that citizens have the right to material assistance from the state in cases of old age, illness, or incapacity, and that the state develops social insurance, social relief, and medical and health services.

Article 46 guarantees the right to education, providing that citizens have the right and duty to receive education and that the state promotes the all-round development of children and young people. Article 48 establishes the equality of men and women in all spheres of political, economic, cultural, and social life, and provides that the state protects the rights and interests of women. Article 49 protects marriage and the family, providing that marriage, the family, and mothers and children are protected by the state. Article 50 protects the legitimate rights and interests of Chinese nationals residing abroad and the lawful rights and interests of returned overseas Chinese.

Criminal Procedure and Human Rights

The 2012 revision of the Criminal Procedure Law represented a significant development in Chinese human rights law. The revision introduced the respect for human rights as a fundamental principle of criminal procedure, codified the presumption of innocence, strengthened the prohibition on extorting confessions by torture, and enhanced the rights of criminal defendants, including the right to counsel and the right against self-incrimination. The 2018 revision further expanded the scope of legal aid and strengthened procedural protections.

National Human Rights Action Plans

Since 2009, the State Council Information Office has issued a series of National Human Rights Action Plans covering the periods 2009-2010, 2012-2015, 2016-2020, and 2021-2025. These plans articulate the Chinese government’s human rights priorities and commitments, including the promotion of economic and social rights, the protection of the rights of specific groups, human rights education, and international human rights cooperation. The plans emphasise the Chinese approach to human rights as a progressive process that prioritises the right to development, the right to subsistence, and the improvement of living standards.

Protection of Specific Groups

The Law on Regional Ethnic Autonomy, implementing Chapter 3 of the Constitution, establishes the system of regional ethnic autonomy in areas where minority ethnic groups live in concentrated communities. The law guarantees the rights of ethnic minorities to use their own languages and scripts, to preserve their customs and traditions, and to participate in the autonomous governance of their regions.

The Law on the Protection of Rights and Interests of Women, revised in 2022, strengthens protections against discrimination and sexual harassment, enhances the representation of women in political life, and reinforces the principle of equal pay for equal work. The Law on the Protection of Minors, comprehensively revised in 2020, establishes a coordinated protection system involving families, schools, society, and the state, and strengthens protections against abuse, neglect, and exploitation. The Law on the Protection of Persons with Disabilities, revised in 2018, guarantees the rights of persons with disabilities to education, employment, accessibility, and participation in cultural life.

International Human Rights Engagement

China has ratified the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Convention on the Rights of the Child. China participates in the Universal Periodic Review process of the Human Rights Council and submits periodic reports to UN treaty bodies. China has not ratified the International Covenant on Civil and Political Rights, though it signed the Covenant in 1998 and has stated its intention to ratify the Covenant at an appropriate time.