The discourse power over the right to development is the basis for value consensus and practical effect of the right to development. Over the three decades since the adoption of the United Nations’ Declaration on the Right to Development, China has developed an innovative discourse system and practices on the right to development and contributed a series of original new concepts, new propositions and new ideas to the right, which may be generally summarized as ten major aspects: in terms of orientation, the right to development is a primary fundamental human right; in terms of the nature, the right to development is an essential requirement of socialism; in terms of strategy, the right to development is to be implemented through the strategy that 'development is the primary task'; in terms of contents, we should realize the right to development integrating economy, politics, culture, society and ecological conservation; in terms of concept, we propose that people equally participate in the equal right to development; in terms of principle, we should stick to the people-centered orientation of the right to development; in terms of steps, we should enhance the right to development in the Chinese dream for the great revitalization of the Chinese Nation; in terms of focus, we should construct a fair social security system; in terms of method, we should promote the right to development by the idea and method of rule of law; in terms of ideas, we should guide the right to development by an innovative, coordinated, green, open and sharing outlook on development.
Key points:Throughout the ages,rule of law has been an indispensable means of governing a state.However,as General Secretary Xi Jinping has pointed out,it is not enough to govern a state by the rule of law
In the context of globalization, violent extremist forces pose a serious threat to the fundamental human rights of the people all over the world. Strengthening human rights protection requires reinforcing the momentum to crack down and prevent the violent acts of extremist forces. As one of the countries that is the victim of violence by extremists, China has taken a series of measures to tackle the challenges of violent extremism. As President Xi Jinping has pointed out, 'the realization of the full enjoyment of human rights by human beings is the common goal of human society.' While establishing a community of common destiny for all mankind, the international community should take action to effectively address the root causes of violent extremism, maintain a peaceful and secure development environment, and defend the basic human rights and well-being of all peoples, so as to ensure a safe and brighter future for all.
On January 18,2017,General Secretary Xi Jinping,speaking at the United Nations Headquarters in Geneva,said that China always prioritizes people’s rights,and continuously promotes and protects human rights according to its national conditions.It has solved the subsistence problems of more than 1.3 billion people,and lifted 700
China prioritizes the rights to survival and to development both in abstract terms and in practical terms in its human rights efforts. As early as the United Nations began to draft the Convention on the Rights of Persons with Disabilities, China maintained that the right to development should be part of human rights. In the implementation of the Convention, China focuses on the people’s livelihood, passes laws and makes policies that protect disability rights, and even prioritizes the protection as part of its economic and social development initiatives, particularly poverty reduction and the effort to make China into a moderately prosperous society. In the international community, China advocates the inclusion of disability rights into international development agendas, and plays a leading role in the implementation of the United Nations’ Transforming our World: The 2030 Agenda for Sustainable Development. China’s unique way of protecting disability rights aptly demonstrates the country’s efforts to realize the right to development for its people.
Whether, and if so how, parliaments should participate in the Universal Periodic Review mechanism of the UN Human Rights Council is emerging. Due to their unique contributions to human rights protection and promotion, parliaments should participate in the process. Furthermore, some parliaments are already involved in this mechanism, including drafting national reports, engaging in interactive dialogues, and the implementation of review recommendations. In the past two rounds of reviews, China’s National People’s Congress has a positive record in this regard, but it should play a more active role in ratifying or acceding to international human rights conventions.
Establishing and protecting the right to development of disabled persons is not only the important part of Xi Jinping’s thought on human rights, but also a reflection of Marxism’s idea of human rights and a requirement of the rule of law in China. It is necessary to promote the protection of the right to development of disabled persons in terms of affirmative action. The Chinese government’s affirmative action requires structural characteristics, including providing the institutional basis for the affirmative action by constructing legal and non-legal institutions, providing an environment conducive for the affirmative action by shaping a more aware social ecology and providing valid guarantees for affirmative action by increasing the responsibility of local governments.
Having proper sanitation and hygiene, access to affordable health care and enough food on the table are the basic conditions for a dignified life. This link between human dignity and the right to development was made very persuasively already in the White Paper on human rights, issued by the State Council of P.R.C. in 1991. The Declaration on the right to development can be considered the first successful joint action undertaken by Southern states in the area of human rights. The Declaration was based on Southern scholarship, such as the pioneering research conducted by the Senegalese jurist Kéba M’baye. And its adoption was the result of joint stage management performed by diplomats from different continents. Therefore the Declaration serves as a source of inspiration for the work of drafting a Comprehensive Southern Vision on human rights. The Vision document will lay out a common Southern outlook on human rights issues as an elaboration of the Universal Declaration.
'A community of shared destiny for all mankind' has its own inherent logic, structure and development path, and a pluralistic concept of human rights is a key factor to achieve its four core goals: equality, cooperation, security and inclusiveness. A pluralistic concept of human rights and the ideal of a community of shared future for all mankind overlap on certain values and interests, as well as power and cultural attributes. It means that a pluralistic approach to human rights is indispensable to the establishment of a community of shared future for all mankind. Meanwhile, this new view of human rights embodies mutual respect and support for the inherent inevitability among different countries, shared responsibility, and pursuit of common development.
With the change and development of the concept of human rights, the thinking about the relationship between human rights and development is becoming more and more deeply. Under this background, the author profoundly realizes that both recognizing the economic development as the first priority like some developing countries do and considering the human rights to be the most important thing as most developed countries do are unilateral and harmful to the social progress. Human rights and development are interdependent and mutually promoting each other. This paper introduces the three main viewpoints of the relationship between human rights and development. Based on the changes of the attitudes of the UN and China to the relationship between human rights and development, this paper holds that though it is a great progress for the Chinese government to understand that human rights and development are interdependent, there are still lots of difficulties in realizing their mutually benefiting relationship in reality. These difficulties are due to the lack of professionals who enjoy good understandings of the rules for social development and are capable of practicing human rights theories. Therefore, the authors suggest that the promotion of human rights education is instrumental to the development and progress of human society.
Freedom of religious belief is a clear civil right enshrined in the Chinese Constitution. The Chinese government’s effective protection of the freedom of religious belief and the legitimate rights and interests of the religious community in China has created conditions and provided opportunities for the religious community to play a more active role in social affairs. The five major religions in China are participating in the building of a community of common destiny for all mankind.
On the occasion of the 30th anniversary of the adoption of the United Nations’ Declaration on the Right to Development,representatives from various countries have gathered in Beijing to attend the 'Sharing the Development:Create More Benefits
The right to development and the right to the environment are both third generation rights, closely related to human development and world peace. For developing countries, there is a de facto conflict between the right to development and the right to the environment, which leads to serious consequences. To coordinate development and the environment, developing countries should shift their pattern of development, take the path of sustainable development and realize environmental protection and ecological balance while promoting economic growth.
The significance of including development in the spectrum of human rights lies in the fact that the notion of human rights is thus expanded to include the independence and economic and social development of the third world, instead of being limited to Western philosophical exploration and political experiments. Moreover, in practice, the right to development, as a newly added element of human rights, may correct the traditional idea in some states that the only version of human rights is political freedom, and those states failing to perform well in such freedoms should be criticized or even punished. When the human rights concept and system are examined from the perspective of development, more tolerance and cooperation may be expected in international politics, thus promoting the enrichment and improvement of the whole human rights system.
The International Covenant on Civil and Political Rights reflects the world’s perception of human rights, and is of vital importance in the field of international human rights. The Covenant has been signed by Chinese government. Although not ratified yet, it will definitely have an impact on the reform of China’s Criminal Law. Therefore, it is necessary to further change our notion of the criminal law system by defining the boundary between public power and civil rights and developing the view of human rights protection. In terms of the specific system, it is necessary to further reduce the number of crimes punishable by the death penalty and limit the application of the death sentence, improve China’s Criminal Procedural Law to protect the fundamental rights of suspects and defendants in terms of compulsory measures, investigation means and judicial form, and add some charges like enslavement and illegal human experimentation, which are criminalized around the world, so as to be in line with the requirements of international human rights protection.
This paper expounds how China participates in and contributes to global human rights governance from the perspective of its participation in United Nations’ human rights affairs. For more than 70 years since the United Nations was founded, it has done a good deal of work in establishing the principles and standards for human rights, developing the connotation of human rights, setting up the international human rights treaty system, and reforming the specialized United Nations’ body on human rights, and so on. Since the United Nations was founded, China has been an active participant in and made important contributions to global human rights governance under the framework of the United Nations’ human rights conventions. It has contributed to the establishment of the principles and standards for human rights and the connotations of human rights. It has also actively joined international human rights treaties and conscientiously fulfilled its obligations.
During the three decades after the adoption of the Declaration on the Right to Development, the right to development has received wider acknowledgement throughout the international community, and has become a typical example of 'third-generation rights.' The 2030 Agenda for Sustainable Development, which puts forward 17 goals of sustainable development, was adopted at the UN Sustainable Development Summit on September 25, 2015. From the contents of the agenda, we can see that the 2030 Agenda for Sustainable Development highly conforms to the right to development. Both match, not only in purpose and content, but also in object and subject, as well as in demands for countries and the foundations needed. We may regard the 2030 Agenda for Sustainable Development as setting action targets for the realization of the right to development in the new era. Meanwhile, to realize the right to development in the new situation is to accomplish the aim of the 2030 Agenda for Sustainable Development. The two adopt different approaches that lead to the same destination.
Assisting minority areas to realize the right to development is an important part of Chinese government’s goals of protecting human rights and building a prosperous society. To assist minority areas to realize the right to development, China’s Constitution, laws, administrative regulations and policy documents define the State’s constitutional obligations. There also exists a legal and policy support system to help the minority areas to achieve economic and social development through measures such as transfer payments, assistance to Tibet and Xinjiang and counterpart support for poverty alleviation. However, China is also faced with the difficult challenges of poverty reduction, development, unbalanced regional development and other issues in assisting minority nationalities to realize the right to development.
Introduction The period from 2016 to 2020 is a decisive stage for China in the building of a moderately prosperous society in an all-round way as well as a major stage for realizing the orderly,steady and sustainable development of human rights in China.
In 1984,the United Nations adopted the Convention against Torture and Other Cruel,Inhuman or Degrading Treatment or Punishment(CAT).It is the first specialized international convention,which provides the prevention and punishment of torture and other inhuman or degrading treatment or punishment.China ratified the convention in 1988,and submitted six Sate Party reports.This article introduces how the Chinese government fulfills the obligations under the provisions according to our State Party reports,and,in concluding observations,observes the historical background,the basic framework and the main content of the convention.Meanwhile,it researches the further steps which the government of China might take for the better implementation.