Sida Liu et al on China’s Pragmatic Approach to International Human Rights Law (JITCL)

"China’s Pragmatic Approach to International Human Rights Law"
Sida Liu,Yun Xian, Sitao Li
The UC Irvine Journal of International, Transnational, and Comparative Law, Volume 9, Issue 1, 2024
Published online: October 2024

Abstract: China has adopted a pragmatic approach to international human rights law in the early 21st century, characterized by pragmatic experimentation in the appropriation and modification of human rights norms, selective decoupling of international and domestic human rights rules, and divergent enforcement in the legislative and practical responses to various human rights issue areas. This approach permits significant gaps between “law on the books” and “law in action,” as well as between domestic rules and international law. Analysis of China’s engagement with the ICCPR and CEDAW, respectively focused on criminal procedural rights and women’s rights, reveals the complex and uneven nature of China’s human rights governance. While China has gradually reduced overt violations of human rights within criminal procedures, it has concurrently developed a more opaque and institutionalized punitive system. In comparison, despite recent legislative advances, limited practical enforcement and increased state control on feminist activists characterize women’s rights protections in China. Understanding China’s pragmatic approach is crucial for effectively addressing human rights concerns within the country.