Human rights in China

Human rights in the People's Republic of China (PRC) face many challenges. Important freedoms like freedom of speech, freedom of the press, freedom of religion, freedom of assembly, and workers' rights are often limited by the government. The country has an authoritarian system, meaning leaders are not chosen in free elections, and there is little due process or rule of law.

The Chinese Communist Party focuses on economic development and sovereignty when talking about human rights, and sometimes disagrees with ideas about civil and political rights found in international human rights law.

Many groups, such as Amnesty International and the United Nations Human Rights Council, have spoken out about concerns in China. These include issues like mass surveillance, treatment of ethnic minorities, and the use of capital punishment in China. Some people in China work to improve these situations, but they often face difficulties from the government.

Despite these challenges, some citizens feel satisfied with their country's human rights situation. Surveys show that many people in China value the right to survival above political freedoms.

Legal system

Further information: Law of the People's Republic of China and List of countries by incarceration rate § China

After changes in the late 1970s and 1980s, the government of China began talking more about following the law and set up a modern court system. They made many new laws and trained more lawyers. However, even though the country's rules say that people should be protected by the law, the ruling party still says that its power is more important than the law itself.

The courts in China are not free from the ruling party's influence, and judges sometimes feel pressure to make certain decisions. This means that the legal system in China often focuses more on supporting the party’s interests than on fair and equal treatment for everyone. As a result, important rights and fair processes are not always protected.

Civil liberties

The Chinese government places limits on basic freedoms, including the right to express opinions openly. Laws are used to restrict criticism of the government, and those who speak out may face serious consequences.

During international events like the 2008 Summer Olympics, the government made promises about allowing protests but often denied or restricted these activities. Access to information is tightly controlled, with many websites and publications blocked or censored.

The government also monitors and restricts the activities of foreign journalists and media organizations, sometimes detaining reporters who cover sensitive topics. These controls aim to manage the narrative around events and maintain the government's influence over public opinion.

Freedom of the press

Critics say the Chinese government does not fully support free press. Media outlets are monitored and must follow guidelines set by government authorities. Journalists who try to report on sensitive issues, such as protests or government actions, may face arrest or other penalties.

International media coverage of certain events, such as protests in Tibet, has led to restrictions on foreign journalists. The government has also taken action against Chinese journalists who attempt to report on controversial topics, sometimes leading to their detention or expulsion from the country.

Freedom of the Internet

China has many rules to control what people can see and share online. These rules are enforced by state-run internet service providers and companies. The government monitors online activities and blocks access to websites and services that it considers harmful or threatening to its control.

For example, popular international sites like Google, YouTube, Facebook, and Wikipedia are not available in China. The government also filters search results and blocks certain terms to prevent access to information that might challenge its authority.

Hukou system

After coming to power in the late 1940s, the Chinese government created a system to control where people could live and work. This system, called the hukou system, classified people as either living in rural or urban areas and required permission to move between them.

This system limited access to important services like healthcare, housing, and education for those who moved without permission. It was partly designed to prevent large numbers of people from moving to cities, which could cause problems. Over time, efforts have been made to change this system, especially in smaller cities, but it still affects many people today.

Freedom of association

In China, the right to form and join groups is limited. The government controls trade unions and political parties, and does not allow free choice in joining these organizations. This control contrasts with international standards that support the right of workers to form unions and take collective action.

The government operates a national organization for trade unions, which is controlled by the state and not independently elected by workers. This limits the ability of workers to advocate for their rights and interests through their chosen representatives.

Religious freedom

During a period called the Cultural Revolution, religious activities were heavily restricted, and many religious sites were damaged. Since then, efforts have been made to restore and protect these sites. However, the government continues to control religious activities and monitor religious groups.

The government requires that all religious practices be conducted under its supervision and in approved locations. It also restricts the ability of religious groups to operate independently or spread their beliefs freely. These controls aim to ensure that religious activities do not challenge the government's authority or disrupt public order.

Freedom of movement and privacy

In response to issues during busy travel times, China introduced a system requiring travelers to provide their names when buying train tickets. This system has raised concerns about privacy and the restriction of freedom of movement. Critics worry that it could be used to monitor and control people's travel and activities.

One-child policy (1979-2015)

Main article: One-child policy

In 1979, the government of China started a rule to help control the number of people. This rule, called the one-child policy, said families could only have one child, or they would have to pay money. Later, in 2015, the rule changed to allow two children, and then later three.

Some people said this rule caused problems, like some families not wanting girls or having to leave babies unsupervised. This led to an uneven number of boys and girls in some places. There were also reports of difficult situations where families were forced to make very hard choices about having more children.

Capital punishment

Main article: Capital punishment in the People's Republic of China

In China, the death penalty is used for serious crimes, such as violent acts, and some non-violent crimes like moving large amounts of illegal drugs. Many countries and groups have spoken out against China's use of the death penalty, saying it is used too often and sometimes unfairly.

The way executions happen has changed over time. In the past, shooting was the common method, but now many places use a special way to safely end a person's life through medicine. China has tried to use the death penalty less often in recent years.

Some people have been found not guilty after they were executed, showing that mistakes can happen. This has led to discussions about how to make sure justice is done fairly.

Torture

Although China made it illegal to hurt people during questioning in 1996, many reports say that harsh and cruel treatment still happens in places where people are held without trial. People who are imprisoned for their beliefs, work for human rights, or practice their religion freely are at a high risk of being hurt.

Some ways people have been treated badly include not being allowed to sleep, not getting enough food, and not receiving needed medicine. For example, a woman named Huang Yan was jailed for her political views and was not given treatment for serious health problems, which made her condition worse.

In 2010, Chinese leaders made new rules to stop using confessions that were obtained by force and to reduce hurtful treatment of prisoners. However, it is not clear if these rules were followed in all places where people are held without trial. This change happened after a big public reaction to a case where a farmer was put in prison for a crime he did not do, after being forced to confess. He spent ten years in prison before the real victim was found alive.

Reports also say that people in special camps in Xinjiang have been hurt in many ways during efforts to change their beliefs.

Ethnic minorities

Main articles: List of ethnic groups in China, List of endangered languages in China, Ethnic minorities in China, Racism in China, and Secession in China

China has 55 groups of people who are officially recognized as ethnic minorities. The Chinese government says all groups are equal, but some groups still want to be recognized as minorities. There are special rules to help these groups with jobs, school, and business loans. However, some people believe these rules can treat others unfairly.

Some ethnic minorities, like the Tibetan and Uyghur groups, have faced strict rules and punishments. The government has been watching them closely and limiting their cultural and religious practices. This has caused concern from other countries about how these people are treated.

Forcible biometrics collection

In the western Xinjiang province, Chinese authorities are taking DNA samples, fingerprints, eye scans, and blood types from millions of people aged 12 to 65. This is done even if people do not want to give this information. For the Uyghur people, it is required to give these samples, often during what looks like a health check. This practice is considered a serious violation of human rights and personal privacy.

Right to development

In China's view, the right to development is the most important human right. Without growth and resources, it is hard to enjoy other rights. By focusing on development and reducing poverty, China believes it helps people live better lives.

In 1986, China supported a United Nations statement about the right to development. In 1993, China helped create a plan called the Vienna Declaration, which says development helps people enjoy all human rights. In 2016, China shared a paper explaining its ideas about development as a key human right.

Economic and property rights

Main articles: Chinese property law and Welfare in China

In 2007, China made a law to help protect private property, but this did not include land. Some local leaders in China have taken people's land in harsh ways to make money from building new things.

Slavery

In the People's Republic of China, many important freedoms are limited by the government. This includes freedom to speak openly, share ideas, practice different beliefs, or gather together. The country does not have leaders chosen by the people in free elections, and those who oppose the government's policies face strict control. Additionally, the system for fairness and justice does not operate independently, meaning decisions are often influenced by the government rather than being impartial.

Rights related to sexuality

See also: LGBT rights in China and HIV/AIDS in China

In 2001, China stopped considering homosexuality as a problem in the mind. However, China does not allow marriages between people of the same sex or any similar legal agreements.

The laws in China say that if a man is attacked in a harmful way, he cannot report it in the same way a woman could. Even though some laws were changed in 2015 to help protect men better, the rules about this kind of attack have not fully changed yet. This means men can only talk about less serious attacks and not about the most serious ones.

Intersex rights

Main article: Intersex rights in China

Some people in China are born with bodies that do not fit typical male or female shapes. These individuals often face unfair treatment and may not receive the health care they need. Some are also pressured to have surgeries to change their bodies, even though they might not want this.

COVID-19 pandemic

During the COVID-19 pandemic in China, the government stopped people from talking online about how it handled the situation, especially about its lockdown rules. Some people who tried to share important information were detained or went missing.

Some of these people were:

• Li Wenliang, a doctor who warned others about the new disease but was arrested.
• Fang Bin, a businessman who shared images from Wuhan and has been missing since February 2020.
• Chen Qiushi, a lawyer who reported on events in Hong Kong and the pandemic. He was missing for many months.
• Li Zehua, a YouTuber who was looking for Chen Qiushi and was kept in quarantine for two months.
• Chen Mei and Cai Wei, activists who shared information online and were not contactable after April 2020.
• Independent journalist Zhang Zhan was imprisoned for speaking out about the pandemic.

Other human rights issues

In China, there have been many concerns about how workers are treated. Reports have shown that workers sometimes do not get paid fairly, work very long hours, and face unfair treatment from their bosses. Workers are not allowed to create their own unions and must join ones approved by the government.

There have also been issues with how certain groups are treated in China. For example, refugees from North Korea are sometimes sent back to their country, even though this can be very dangerous for them. African students have also spoken out about unfair treatment they have faced. International groups have called for better attention to human rights issues in China, pointing out problems with freedom of speech, religion, and culture, especially in places like Tibet. Some people who speak out about these issues have been detained or treated unfairly by the government.

Position of the government

The Chinese Communist Party and the government of the People's Republic of China often question the idea that human rights, like civil and political rights, are universal values. They believe that the needs of the group are more important than the rights of any one person. Chinese state media says human rights should include things like economic well-being and good health.

The People's Republic of China places great importance on its control over the country, which sometimes clashes with international human rights standards. Over time, its view on human rights has changed. From 1949 to the late 1970s, the focus was on group rights instead of individual rights. Deng Xiaoping stated that a nation's control was more important than human rights, and the right to basic needs was more important than political freedom. In 1991, China accepted that human rights could fit with its socialist system and published its first report on human rights that year.

In 1993, the state formed the China Society for Human Rights Studies to share China's views on human rights worldwide. China signed important international agreements on human rights in 1997 and 1998. By 2001, one agreement was officially approved, but another had not been by 2016. As of 2013^[update], China had signed over 20 international human rights treaties.

Those who support the Chinese Communist Party sometimes point to problems in Western countries, like rising crime or family issues, and argue that too much freedom can be harmful. China believes that human rights should focus more on economic success and national control rather than just political rights.

Surveys show that many in China feel satisfied with their human rights situation, valuing survival rights over political ones. Most support government monitoring in public areas and online.

In 2003, China changed its Constitution to say that 'The State respects and preserves human rights.' In 2008, China was removed from a list of the worst human rights violators by the U.S. State Department, though it noted that many issues remained.

Since 1988, China has held village elections to help manage social order during economic changes. Today, about 650,000 villages hold elections. In 2008, Shenzhen tested direct elections for some government roles, but candidates must come from an approved list.