Inclusion of human
rights in Constitution marks a milestone in human rights
progress in China: expert
BEIJING, March 14 (Xinhuanet) -- A proposed
amendment to the Constitution was adopted Sunday by the
Second Session of the Tenth National People's Congress (NPC),
which stipulates clearly that "the state respects and safeguards
human rights."
According to experts on human rights,
this is the first time that the concept of "human rights"
has been included in the Constitution -- a major event in
the development of China's democratic constitutionalism
and political civilization, and an important milestone in
human rights progress in China.
The inclusion of human rights in the
Constitution meant a major breakthrough in socialist human
rights development, said Dong Yunhu, vice-president and
secretary-general of the China Human Rights Research Society.
For a fairly long period after the founding
of the People's Republic of China, China never included
the human rights concept in the Constitution and law, human
rights being considered taboo in ideological and theoretical
research. In the late 1980s and early 1990s, the Central
Committee of the Communist Party of China(CPC), with Jiang
Zemin at the core, began to reconsider the humanrights issue
by summarizing the practice of the human rights development
in contemporary China and the rest of the world. From the
international struggle perspective, the CPC Central Committee
made it clear, for the first time ever, that socialist China
should grasp the banner of human rights in her hands.
On November 1, 1991, a White Paper titled
"Human Rights in China" was issued by the Information Office
of the State Council. This was the first time that the status
of the human rights concept in China's socialist political
development had been positively confirmed in the form of
an official document.
When the 15th National Congress of the
CPC was convened in September 1997, the human rights concept
was for the first time included in the major report to the
Congress, promoting human rights from a major theme in international
publicity work to a major subject in domestic construction
under the leadership of theParty.
By adding "the state respects and safeguards
human rights" to the Constitution, the present amendment
has promoted "human rights" from a political concept to
a legal one for the first time, and the main body in respecting
and safeguarding human rights has beenupgraded from the
Party and government to the state, said Dong.
Therefore, respecting and safeguarding
human rights have been raised from the will of the Party
and government to that of the people and state, from the
political concept and value of the Party and government
in assuming power and running administration to the political
concept and value of the state in construction and development
efforts, and from a provision of the Party and government's
policy to a principle of the state's fundamental law,Dong
said.
Adding to the contents of the Constitution
the principle that "the state respects and safeguards human
rights" in the amendment to the Constitution is the first
such step China has taken since it began the pursuit of
constitutionalism, and is the latest development in contemporary
China's endeavor for democratic constitutionalism, according
to the expert.
Dong said, first, setting up the principle
of human rights has further improved the country's democratic
constitutionalism; second, stressing the value and concept
of human rights has given new definition to the Constitution's
stipulations concerning citizens' rights; third, the improved
prescriptions of the principle of citizens' rights guarantee
have reinforced the human rights essence of the Constitution.