Human rights in China
Human rights in China are periodically reviewed by international bodies, such as human rights treaty bodies and the United Nations Human Rights Council's Universal Periodic Review.[1] 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.
This article is about the People's Republic of China. For the Republic of China, see Human rights in Taiwan. For the non-governmental organization, see Human Rights in China (organization).
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.[2][3][4] However, governments have a duty to promote and protect all human rights universally, regardless of their national circumstances.[5] PRC politicians have repeatedly maintained that, according to the PRC Constitution, the "Four Cardinal Principles" supersede citizenship 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 (in which China had made exceptions for ethnic minorities prior to abolishing it in 2015), the political and legal status of Tibet, and neglect of freedom of the press in mainland China. Other areas of concern include the lack of legal recognition of human rights and the lack of an independent judiciary, rule of law, and due process. Further issues raised in regard to human rights include 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,[6][7] the implementation of Social Credit System and its blacklist, which serve to restrict a person and their family members' rights,[8][9] and allegations of discrimination against rural workers and ethnic minorities, as well as the lack of religious freedom – rights groups have highlighted repression of the Christian,[10][11][12][13][14][15] 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.[16][17]
According to the Amnesty International report from 2016/2017 the government continued to draft and enact a series of new national security laws that presented serious threats to the protection of human rights. The nationwide crackdown on human rights lawyers and activists continued throughout the year. Activists and human rights defenders continued to be systematically subjected to monitoring, harassment, intimidation, arrest, and detention.[18] The report continues that police detained increasing numbers of human rights defenders outside of formal detention facilities, sometimes without access to a lawyer for long periods, exposing the detainees to the risk of torture and other ill-treatment. Booksellers, publishers, activists, and a journalist who went missing in neighboring countries in 2015 and 2016 turned up at detention in China, causing concerns about China's law enforcement agencies acting outside their jurisdiction.[18]
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.[19]
Torture[edit]
Although the People's Republic of China outlawed torture in 1996, human rights groups say brutality and degradation are common in Chinese arbitrary detention centers, Laojiao prisons and black jails. People who are imprisoned for their political views, human rights activities, or religious beliefs have a high risk of being tortured.[265] Strategies of torture inside black jail include deprivation of sleep, food, and medication. The strategies are all quite inhumane conditions. In a specific case, a woman named Huang Yan was imprisoned for her political views and included the deprivation of medication. She had diabetes and ovarian cancer which required her to take medication. Tests have shown that the ovarian cancer have spread throughout her body.[266] While the existence of black jails is acknowledged by at least part of the government,[267] the CCP strongly denies facilitating the operation of such jails and officially cracks down on them, leading to at least one trial.[268]
In May 2010, the PRC authorities officially passed new regulations in an attempt to nullify evidence gathered through violence or intimidation in their official judicial procedures, and to reduce the level of torture administered to prisoners already in jails. Little is known, however, about whether or how procedures were modified in black jails, which are not officially part of the judicial system. The move came after a public outcry following the revelation that a farmer, convicted for murder based on his confession under torture, was in fact innocent. The case came to light only when his alleged victim was found alive, after the defendant had spent ten years in prison.[269] International human rights groups gave the change a cautious welcome.[270]
Torture is reportedly used as part of the indoctrination process at the Xinjiang internment camps.[271][272] The torture is alleged to include waterboarding and sexual violence.[273][274]
Forcible biometrics collection[edit]
PRC authorities in western Xinjiang province are collecting DNA samples, fingerprints, eye scans, and blood types of millions of people aged 12 to 65.[288][289][290] Sophie Richardson, Human Rights Watch's China director, said "the mandatory databanking of a whole population's biodata, including DNA, is a gross violation of international human rights norms, and it's even more disturbing if it is done surreptitiously, under the guise of a free health care program."[291] For the ethnic minority Uyghur people, it is mandatory to undergo the biometrics collection, disguised under physical examination. Coercion to give blood sample is gross violation of the human rights and individual privacy.[291]
Right to development[edit]
In Chinese policymakers' perspective, the right to development is the primary and most fundamental human right.[292]: 61 According to this view, poverty is the greatest obstacle to human rights because without the production and supply of material goods it is difficult to realize any other human right.[292]: 61 As a means to reduce poverty, development therefore provides the necessary conditions for other rights.[292]: 61
In 1986, China voted in favor of the United Nations Declaration on the Right to Development, through which that right became internationally established.[292]: 58
China was among the drafters of the 1993 Vienna Declaration and Programme of Action, and its resolution -- "the contribution of development to the enjoyment of all human rights"—was adopted by the UN Human Rights Council.[292]: 59
In 2016, China issued a white paper titled, The Right to Development: China's Philosophy, Practice, and Contribution.[292]: 61 The white paper emphasizes the view that the rights to development and subsistence are the primary, basic human rights.[292]: 61
COVID-19 pandemic[edit]
During the COVID-19 pandemic in China, the Chinese government has censored online criticism of its response to the pandemic, including criticism of its lockdown measures.[300]