Exploring Ways of Implementing International Human Rights Treaties in China

Abstract

China has ratified over 20 human rights treaties. While many laws that were enacted during the reform period relate to human rights, a specific human rights law has not yet been adopted. However, a human rights law has been drafted by Chinese scholars. This article provides an overview of the contents of the Experts' Draft and compares the substantive human rights enshrined in the international covenants with those guaranteed in the proposed law. The analysis then focuses on doctrinal questions of the interpretation and application of the human rights law in addition to its relationship with other sources of law such as the Chinese Constitution and ordinary legislation. It explores how such a law would fit into the current doctrine and practice of the domestic implementation of treaty obligations and whether the Draft can be reconciled with the official Sino-Marxist dynamic-concrete concept of human rights. The article identifies the conditions in which a dedicated human rights law can become an effective means of treaty implementation and it also examines the likeliness of ICCPR ratification and the prospects of actual human rights improvement.