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Summary: General overview of China's national legal provisions on children's rights, including guidance on how to conduct further research.
National Laws on Children's Rights Status of the CRC in national law Note on the Chinese legal system: Chinese law is complicated by the existence of the two Special Administrative Regions of Hong Kong and Macau. The legal system of Hong Kong is heavily influenced by its history as a British territory, and as such judicial precedent plays a key role in its law. Macau, meanwhile is influenced by Portuguese law. Both Regions have their own Basic Laws and legislatures. The Legislative Council legislates in Hong Kong and the Legislative Assembly in Macau. Constitution: Chapter II of the Chinese Constitution contains a number of rights provisions that apply to children as to any other citizen, but only two articles that specifically address the rights of children: Chapter III of the Basic Law of Macau contains a number of rights provisions that apply to children as to any other resident, but includes two provisions that make specific reference to the rights of children: Chapter III of the Basic Law of Hong Kong contains rights provisions for residents of the Special Administrative Region, but none of those provisions make specific reference to the rights of children. Legislation: China is a country with three legal systems, dominated by the civil law tradition on the mainland and Macau Special Administrative Region, and common law in the Hong Kong Special Administrative Region. In mainland China, legislation of particular relevance to children's rights includes, but is by no means limited to: Legal Research: Legislation from the Legislative Council of Hong Kong is available in English through the Official Gazette (http://www.gld.gov.hk/cgi-bin/gld/egazette/index.cgi?lang=e&agree=1), and the Basic Law is available in English through the Basic Law website (http://www.basiclaw.gov.hk/en/basiclawtext/index.html). The Basic Law of Macau is available in English through the Chinese Ministry for Foreign Affairs (http://www.fmprc.gov.cn/eng/wjb/zzjg/tyfls/tyfl/2626/t15467.htm). Case Law Case Law Research The World Legal Information Institute (http://www.worldlii.org/catalog/2991.html) has assembled a selection of relevant case law links for China, and English translations of some Chinese cases are available free of charge from LawInfoChina (http://www.lawinfochina.com/). Case law for Hong Kong is available in English and Chinese through the Judiciary's Judgements and Legal Reference website (http://legalref.judiciary.gov.hk/lrs/common/ju/judgment.jsp) and the Hong Kong Legal Information Institute maintains a bilingual database of Hong Kong case law (http://www.hklii.hk/eng/). The World Legal Information Institute provides links to selected case law resources for Macau (http://www.austlii.org/catalog/55963.html) Compliance with the CRC In depth analysis The Committee has also raised significant concerns about freedom of religion in China. Specific worries arose from reports that children belonging to the Tibetan Buddhist, Uighur and Hui minorities have been subject to restrictions on the practice of their religion, in some cases detention, and that the Falon Gong have been subjected to harassment, threats and "re-education" through forced labour. The Committee recommended that the State address these concerns through enforcing current legislation, legislating for explicit guarantees of freedom of religion, and repealing local authority bans on participating in Tibetan religious festivals. Violence against children has also been an area of domestic law that the Committee has consistently raised. At the time of the 2005 report to the Committee, corporal punishment remained legal and socially acceptable in the home and, though formally banned in schools, the relevant regulations had been enforced with limited effect in some areas of the country. The Committee has called on the State to implement an explicit prohibition on corporal punishment in all settings. The Committee expressed regret at the limited information available on the prevalence of violence, abuse and neglect affecting children, and recommended that the State strengthen its legislation in this area, including by introducing clear definitions for specific forms of sexual abuse. Current legal reform projects
The Convention has primarily been incorporated into Chinese law through domestic legislation rather than direct incorporation of the CRC. It is not clear whether the Convention has ever been invoked in national courts or whether it is possible to do so.
The National People's Council maintains a database of national laws in English (http://www.npc.gov.cn/englishnpc/Law/Integrated_index.html) as well as an English translation of the Constitution (http://www.npc.gov.cn/englishnpc/Constitution/node_2824.htm). LawInfoChina (http://www.lawinfochina.com/) offers the text of Chinese basic laws and an overview of the Chinese legal system in English, with access to additional laws and regulations at a charge. In addition, GlobaLex has published a guide to legal research in China (http://www.nyulawglobal.org/Globalex/China.htm) and a guide to the Chinese legal system (http://www.nyulawglobal.org/Globalex/Hong%20Kong.htm). The U.S. Library of Congress (http://www.loc.gov/law/help/guide/nations/china.php) and the World Legal Information Institute (http://www.worldlii.org/cn/) have also assembled selections of relevant government and legal research links.
CRC Jurisprudence
Please contact CRIN if you area aware of any cases in national courts that reference the Convention on the Rights of the Child.
The Committee has welcomed a number of legislative reforms in China, but has expressed concern that a number of areas of Chinese law remain inconsistent with the CRC.
Juvenile justice has been consistently raised as an area of Chinese law that is inconsistent with the CRC. The Committee on the Rights of the Child commended the State on prohibiting the death penalty for offences committed by persons under the age of 18, but expressed serious concern at the possibility of life sentences for offences committed by those under that age. The Committee has also expressed concern that special legal protections for children in conflict with the law are insufficient. With regards to Hong Kong, the Committee highlighted a number of additional problems, including the low age of criminal responsibility (10 years) and the limited protections for people between the ages of 16 and 18. The Committee recommended that all of these issues be addressed through legislation.
At the time of its 2005 report to the Committee, China expressed its intention to reform its law in the area of juvenile justice.