Download Handbook on Human Rights in China PDF

Handbook on Human Rights in China

Author: Sarah Biddulph
Publsiher: Edward Elgar Publishing
Total Pages: 768
Release: 2019
Genre: Electronic books
ISBN: 1786433680
Rating: 4.3/5 (8 downloads)

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This Handbook gives a wide-ranging account of the theory and practice of human rights in China, viewed against international standards, and China’s international engagements around human rights. The Handbook is organised into the following sections: contested meanings; international dimensions; economic and social rights; civil and political rights; rights in/action and access to justice; political dimensions of human rights in Greater China; and new frontiers.

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China and International Human Rights

Author: Na Jiang
Publsiher: Springer Science & Business Media
Total Pages: 325
Release: 2013-12-12
Genre: Law
ISBN: 3642449026
Rating: 4.9/5 (26 downloads)

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This book is designed to introduce law students, legal actors and human rights activists, particularly participants in human rights dialogues with China, to the process and reality of a newly confident China’s participation in the international human rights system, albeit with inherent challenges. From an international and comparative perspective, one of the key findings of the author's research is that progress towards human rights depends more on judges than on legislators. Chinese legislators have enacted a series of reforms in order to better protect human rights. Unfortunately, these reforms have not led to greater adherence to China’s international human rights obligations in practice. The reforms failed because they have generally been misunderstood by Chinese judges, who often have a limited understanding of international human rights norms. Specifically, this book will examine how judicial misunderstandings have blocked reforms in one specific area, the use of severe punishments, based on international human rights theory and case studies and data analyses. This examination has several purposes. The first is to suggest that China ratify the ICCPR as the next step for its substantive progress in human rights and as a good preparation for its re-applying to be a member of the UN Human Right Council in the future. The second is to explain how judges could be better educated in international human rights norms so as to greatly reduce the use of severe punishments and better comply with China's human rights obligations. The third is to demonstrate how the international community could better engage with China in a manner that is more conducive to human rights improvements. The author's ultimate goal is to enhance dialogue on human rights in China between judges and the Chinese government, between Chinese judges and their foreign counterparts and between China's government and the international community. Another significant aim of this book is to clarify the controversial question of what obligations China should undertake before its ratification of the ICCPR and to re-examine trends in its developing human rights policy after standing down from the Council in late 2012. The tortuous progress of China’s criminal law and criminal justice reforms has confirmed that Chinese judges need further instruction on how to apply severe punishments in a manner consistent with international standards. Judges should be encouraged to exercise more discretion when sentencing so that penalties reflect the intent of relevant domestic laws as well as the international human rights standards enumerated in the ICCPR. In order to better educate and train judges, this book contains introductory chapters that examine the severe punishments currently available to Chinese judges from an international human rights perspective. To illustrate how Chinese justice currently falls short of international norms, this paper also examines several cases that are considered to be indicative of China’s progress towards greater respect for human rights and the rule of law. These cases demonstrate that China still has a long way to go to achieve its goals, at least before abolishing the death penalty, forced labor and torture.

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China’s Path of Human Rights Development

Author: Huawen Liu
Publsiher: Springer Nature
Total Pages: 228
Release: 2021-12-16
Genre: Law
ISBN: 9811639817
Rating: 4.9/5 (17 downloads)

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This book focuses on China’s evolution in the field of human rights protection, highlighting its achievements in various systems of human rights protection, as well as its role in international human rights governance and the healthy development of human rights. From the perspective of China’s human rights protection, starting with various types of citizens, e.g. women, children and the disabled, the book analyzes and discusses the changes and major events in the country’s human rights development path one by one, while also explaining the Chinese stance on human rights development. China is becoming more active in the international human rights cooperation field, playing its unique and constructive role and serving as the participant, builder and contributor of the international human rights governance.

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Chinese Contributions to International Discourse of Human Rights

Author: Pinghua Sun
Publsiher: Springer Nature
Total Pages: 399
Release: 2022-04-06
Genre: Law
ISBN: 9811905800
Rating: 4.5/5 ( downloads)

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This book discusses human rights law, focusing on Chinese contributions to international human rights viewed from a perspective of global governance. The original research presented here integrates a variety of research methods: inter-disciplinary approaches, historical and comparative methods, documentary research and so on. The research findings can be described briefly as follows: In global governance, the Universal Declaration of Human Rights (UDHR) serves as a historic cross-cultural heritage, while Pengchun Chang, the Chinese representative, made great contributions to the establishment of the international human rights system. After examining the characteristics of the Chinese discourse on human rights in global governance, the book suggests fundamental principles for improving human rights standards in China. In addition, it explores Chinese concepts of human dignity concerning the Declaration on Human Dignity for everyone, everywhere. The target readers are global scholars and students of law, politics, philosophy, international relations, human rights law, religion and culture. The book will provide these readers a vivid picture of China’s contributions to international human rights, and a better understanding of the significance of traditional Chinese culture and wisdom.

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Human Rights Protection System in China

Author: Pinghua Sun
Publsiher: Springer Science & Business Media
Total Pages: 366
Release: 2013-09-18
Genre: Law
ISBN: 3642396631
Rating: 4.6/5 (31 downloads)

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In recent years, more and more scholars in the world feel interested in the topic of human right protection status in China. This book hopes to serve as a window through which its readers will have a better understanding of theory and practice of human rights protection in the Chinese context. The book systematically introduces the dynamic development and progress of human rights protection in China, attaching great importance to the first white paper on Human Rights in China, “The state respects and guarantees human rights” included in the Constitution, National Human Rights Action Plan of China, and then putting forth fundamental principles to achieve international human rights standards and specific measures to improve human rights protection standards in China. Then the book further discusses “Foundations of Human Rights Guarantee in Contemporary China”, “Human Rights, Culture and Their Reconstruction in the Chinese Context” and “Socialist Legal System with Chinese Characteristics”. Then, a final chapter is dedicated to the topic of “Judicial Protection System of Human Rights in China”. In appendices, four important documents on human rights in China, as well as a list of the author’s major articles and works in the past 10 years are provided.​

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Human Rights in Chinese Foreign Relations

Author: Ming Wan
Publsiher: University of Pennsylvania Press
Total Pages: 200
Release: 2013-10-09
Genre: Political Science
ISBN: 0812203054
Rating: 4.3/5 (54 downloads)

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Few issues in the relations between China and the West invoke as much passion as human rights. At stake, however, are much more than moral concerns and hurt national feelings. To Washington, the undemocratic nature of the Chinese government makes it ultimately suspect on all issues. To Beijing, the human rights pressure exerted by the West on China seems designed to compromise its legitimacy. As China's economic power grows and its influence on the politics of developing countries continues, an understanding of the place of human rights in China's foreign relations is crucial to the implementation of an effective international human rights agenda. In Human Rights in Chinese Foreign Relations, Ming Wan examines China's relations with the United States, Western Europe, Japan, and the United Nations human rights institutions. Wan shows that, after a decade of persistent external pressure to reform its practices, China still plays human rights diplomacy as traditional power politics and deflects pressure by mobilizing its propaganda machine to neutralize Western criticism, by making compromises that do not threaten core interests, and by offering commercial incentives to important nations to help prevent a unified Western front. Furthermore, at the UN, China has largely succeeded in rallying developing nation members to defeat Western efforts at censure. In turn, it is apparent to Wan that, while the idea of human rights matters in Western policy, it has seldom prevailed over economic considerations or concerns about national security. Western governments have not committed as many policy resources to pressuring Beijing on human rights as to other issues, and the differing degrees of commitment to human rights-related foreign policy explain why Japan, Western Europe, and the United States, in that order, have gradually retreated from confronting China on human rights issues.

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The Rise of China and International Human Rights Law

Author: Björn Ahl
Publsiher:
Total Pages: 23
Release: 2016
Genre:
ISBN:
Rating: 4./5 ( downloads)

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This study focuses on the Universal Periodic Review of the United Nations Human Rights Council in order to investigate the impact of China's official human rights position on international human rights discourses. China's Review, including its National Report, the Chinese Government's reactions to statements and recommendations on its domestic human rights situation as well as its statements and recommendations on other states under review are investigated in order to find out whether China is able to project successfully its official human rights view on the international arena.

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China, the United Nations, and Human Rights

Author: Ann Kent
Publsiher: University of Pennsylvania Press
Total Pages: 336
Release: 2013-08-31
Genre: Law
ISBN: 0812200934
Rating: 4.0/5 (34 downloads)

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Selected by Choice magazine as a Outstanding Academic Book for 2000 Nelson Mandela once said, "Human rights have become the focal point of international relations." This has certainly become true in American relations with the People's Republic of China. Ann Kent's book documents China's compliance with the norms and rules of international treaties, and serves as a case study of the effectiveness of the international human rights regime, that network of international consensual agreements concerning acceptable treatment of individuals at the hands of nation-states. Since the early 1980s, and particularly since 1989, by means of vigorous monitoring and the strict maintenance of standards, United Nations human rights organizations have encouraged China to move away from its insistence on the principle of noninterference, to take part in resolutions critical of human rights conditions in other nations, and to accept the applicability to itself of human rights norms and UN procedures. Even though China has continued to suppress political dissidents at home, and appears at times resolutely defiant of outside pressure to reform, Ann Kent argues that it has gradually begun to implement some international human rights standards.

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China and the International Human Rights Regime

Author: Rana Siu Inboden
Publsiher: Cambridge University Press
Total Pages:
Release: 2021-03-18
Genre: Political Science
ISBN: 1108898319
Rating: 4.8/5 (19 downloads)

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Rana Siu Inboden examines China's role in the international human rights regime between 1982 and 2017 and, through this lens, explores China's rising position in the world. Focusing on three major case studies – the drafting and adoption of the Convention against Torture and the Optional Protocol to the Convention against Torture, the establishment of the UN Human Rights Council, and the International Labour Organization's Conference Committee on the Application of Standards – Inboden shows China's subtle yet persistent efforts to constrain the international human rights regime. Based on a range of documentary and archival research, as well as extensive interview data, Inboden provides fresh insights into the motivations and influences driving China's conduct and explores China's rising position as a global power.

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China's Human Rights Lawyers

Author: Eva Pils
Publsiher: Routledge
Total Pages: 312
Release: 2014-11-20
Genre: Law
ISBN: 1134450613
Rating: 4.0/5 (13 downloads)

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This book offers a unique insight into the role of human rights lawyers in Chinese law and politics. In her extensive account, Eva Pils shows how these practitioners are important as legal advocates for victims of injustice and how bureaucratic systems of control operate to subdue and marginalise them. The book also discusses how human rights lawyers and the social forces they work for and with challenge the system. In conditions where organised political opposition is prohibited, rights lawyers have begun to articulate and coordinate demands for legal and political change. Drawing on hundreds of anonymised conversations, the book analyses in detail human rights lawyers’ legal advocacy in the face of severe institutional limitations and their experiences of repression at the hands of the police and state security apparatus, along with the intellectual, political and moral resources lawyers draw upon to survive and resist. Key concerns include the interaction between the lawyers and their bureaucratic, professional and social environments and the forms and long term political impact of resistance. In addressing these issues, Pils offers a rare evaluative perspective on China’s legal and political system, and proposes new ways to assess domestic advocacy’s relationship with international human rights and rule of law promotion. This book will be of great interest and use to students and scholars of law, Chinese studies, socio-legal studies, political studies, international relations, and sociology. It is also of direct value to people working in the fields of human rights advocacy, law, politics, international relations, and journalism.

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Taiwan and International Human Rights

Author: Jerome A. Cohen
Publsiher: Springer
Total Pages: 706
Release: 2019-05-16
Genre: Law
ISBN: 9811303509
Rating: 4.3/5 (9 downloads)

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This book tells a story of Taiwan’s transformation from an authoritarian regime to a democratic system where human rights are protected as required by international human rights treaties. There were difficult times for human rights protection during the martial law era; however, there has also been remarkable transformation progress in human rights protection thereafter. The book reflects the transformation in Taiwan and elaborates whether or not it is facilitated or hampered by its Confucian tradition. There are a number of institutional arrangements, including the Constitutional Court, the Control Yuan, and the yet-to-be-created National Human Rights Commission, which could play or have already played certain key roles in human rights protections. Taiwan’s voluntarily acceptance of human rights treaties through its implementation legislation and through the Constitutional Court’s introduction of such treaties into its constitutional interpretation are also fully expounded in the book. Taiwan’s NGOs are very active and have played critical roles in enhancing human rights practices. In the areas of civil and political rights, difficult human rights issues concerning the death penalty remain unresolved. But regarding the rights and freedoms in the spheres of personal liberty, expression, privacy, and fair trial (including lay participation in criminal trials), there are in-depth discussions on the respective developments in Taiwan that readers will find interesting. In the areas of economic, social, and cultural rights, the focuses of the book are on the achievements as well as the problems in the realization of the rights to health, a clean environment, adequate housing, and food. The protections of vulnerable groups, including indigenous people, women, LGBT (lesbian, gay, bisexual, and transgender) individuals, the disabled, and foreigners in Taiwan, are also the areas where Taiwan has made recognizable achievements, but still encounters problems. The comprehensive coverage of this book should be able to give readers a well-rounded picture of Taiwan’s human rights performance. Readers will find appealing the story of the effort to achieve high standards of human rights protection in a jurisdiction barred from joining international human rights conventions. This book won the American Society of International Law 2021 Certificate of Merit in a Specialized Area of International Law.

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Human Rights

Author: P. Peter R. Baehr
Publsiher: Martinus Nijhoff Publishers
Total Pages: 180
Release: 1996-03-22
Genre: Political Science
ISBN: 9789041102102
Rating: 4.1/5 (21 downloads)

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Human Rights and Chinese Tradition, Xia Yong.

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Human Rights in Taiwan

Author: United States. Congress. House. Committee on International Relations. Subcommittee on International Organizations
Publsiher:
Total Pages: 128
Release: 1977
Genre: Civil rights
ISBN:
Rating: 4./5 ( downloads)

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Download Routledge Handbook of Human Rights in Asia PDF

Routledge Handbook of Human Rights in Asia

Author: Fernand de Varennes
Publsiher: Routledge
Total Pages: 362
Release: 2018-12-12
Genre: Law
ISBN: 1317518195
Rating: 4.8/5 (95 downloads)

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The Routledge Handbook of Human Rights in Asia provides a rich study of human rights challenges facing some of the most vulnerable people in Asia. While formal accession to core international human rights instruments is commonplace across the region, the realisation of human rights for many remains elusive as development pressure, violent conflict, limited political will and discrimination maintain human rights volatility. This Handbook explores the underlying causes of human rights abuse in a range of contexts, considers lessons learnt from global, regional and domestic initiatives and provides recommendations and justifications for reform. Comprising 23 chapters, it examines the strengths and weaknesses of human rights institutions in Asia and covers issues such as: Participation, marginalisation, detention and exclusion Private sector responsibility and security Conflict and post-conflict rehabilitation Trafficking, displacement and citizenship Ageing populations, identity and sexuality. Drawing together a remarkable collection of leading and emerging scholars, advisers and practitioners, this Handbook is essential reading for students, scholars, policy makers and advocates of human rights in Asia and the world.

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Rights Beyond Borders

Author: Rosemary Foot
Publsiher: OUP Oxford
Total Pages: 308
Release: 2000-09-21
Genre: Political Science
ISBN: 0191522953
Rating: 4.2/5 (53 downloads)

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Over the five decades since the establishment of the UN Charter and Universal Declaration of Human Rights, human rights issues have become a dominant feature of the international system, embracing new actors, eroding the traditional Westphalian concept of sovereignty, and leading to an acceptance that the treatment of individuals and groups within domestic societies is legitimately a focus of global attention. This book examines the affect that this normative evolution has had on the individual, state, institutional and advocacy network behaviour. Having described this normative environment it assesses its impact on key actors' relationships with China, especially in the period since the Tiananmen bloodshed in June 1989. It also examines China's responses–international and internal–to being the focus of global attention in this issue area. The book's theoretical concerns are to uncover the conditions under which international human rights norms influence behaviour, including domestic changes within states, and about the operation of norms in the global system.

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The Prospects for a Regional Human Rights Mechanism in East Asia (RLE Modern East and South East Asia)

Author: Hidetoshi Hashimoto
Publsiher: Routledge
Total Pages: 252
Release: 2015-05-15
Genre: Social Science
ISBN: 1317450922
Rating: 4.0/5 (22 downloads)

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Regional inter-governmental human rights organizations have been in operation for sometime in Europe, the Americas and Africa. These regional human rights mechanisms have proven to be useful and effective in comparison to the global human rights mechanisms available at the United Nations. The purpose of this study, first published in 2004, is to investigate the possibility of establishing a regional inter-governmental human rights mechanism in East Asia, with a focus on the contributions of nongovernmental organizations' (NGOs) to such a development.

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The East Asian Challenge for Human Rights

Author: Joanne R. Bauer
Publsiher: Cambridge University Press
Total Pages: 412
Release: 1999-02-13
Genre: Law
ISBN: 9780521645362
Rating: 4.1/5 (453 downloads)

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The East Asian Challenge for Human Rights shows that critical intellectuals in East Asia have begun to chart a middle ground between the extremes of the international debate on human rights, making particular headway in the areas of group rights and economic, social, and cultural (ethnic minority) rights. The chapters form a collective intellectual inquiry into the following areas: critical perspectives on the "Asian values" debate; theoretical proposals for an improved international human rights regime with greater input from East Asians; the resources within East Asian cultural traditions that can help promote human rights; and key human rights issues facing East Asia as a result of rapid economic growth in the region.