Handbook on Human Rights in China


Handbook on Human Rights in China

9781786433671 Edward Elgar Publishing
Edited by Sarah Biddulph, Melbourne Law School, University of Melbourne, Australia and Joshua Rosenzweig, East Asia Research Director, Amnesty International
Publication Date: 2019 ISBN: 978 1 78643 367 1 Extent: 768 pp
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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Critical Acclaim
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Examining both the theory and practice of human rights in China, this Handbook provides an important analysis of rights in China in comparison to international standards and China’s international engagements concerning human rights. A wide range of civil and political, social and economic, and group rights in China are explored from an interdisciplinary perspective.

Contributions provide a comprehensive and critical insight to the topic, examining the traditions behind modern human rights in China right up to contemporary issues such as the rise of the Internet and LGBTQ rights that are now at the forefront of attention across the globe. The Handbook also explores human rights in Greater China, and their relationship to rights in mainland China. Each chapter develops arguments surrounding significant issues, together revealing a complex reality where human rights recognition and protections are intertwined with Party-state programs and priorities, modes of governance and the demand for social and political stability.

A vital read for international human rights academics and practitioners, this Handbook examines a thorough range of aspects of human rights in China. It would also be a useful read for international relations and Chinese studies scholars, as well as those with a keen interest in modern China.
Critical Acclaim
‘The Handbook on Human Rights in China arrives at an opportune time: just as global scrutiny of China’s human rights record has increased, this important new book attempts to give readers a comprehensive overview of China’s approach to human rights. This volume gives readers an extensive look at China’s overall human rights record. This book is generally aimed at an academic audience, and would be useful to scholars teaching a survey course on human rights and rule of law in China. At the same time, however, the book will be useful to practitioners seeking to update their understanding of key human rights issues in the Chinese context.’
– Thomas E Kellogg, Asia Pacific Law Review

‘China is already one of the most important players in shaping the international human rights regime. This Handbook provides an invaluable guide to its domestic and international policies in the field and brings together many of the leading scholars working on these issues. It provides a balanced and insightful overview.’
– Philip Alston, New York University, School of Law, US

‘This impressive book draws on authors from China and across the globe to cover a broad sweep of questions concerning rights in China from a variety of vantage points. Topics include the historical; civil, political, economic and social rights; citizen access to justice; and emerging rights issues.’
– William P. Alford, Harvard Law School, US
Contributors: S.C. Angle, H. Aubié, A. Beck, S. Biddulph, A. Brettell, T.C. Chen, J.L. Chia, S. Cook, A. Datt, M.C. Davis, M. Elfstrom, A. Garwood-Gowers, Z. Guo, S. Hallett, J.P. Horsley, F. Hualing, L.A. Jacobs, J. Jue, A. Kent, K. Kinzelbach, M.K. Lewis, J. Lu, W. Muller, O. Naftali, E. Nesossi, E. Pils, P.B. Potter, J. Rosenzweig, M. Svensson, B. Teng, S. Trevaskes, M. Xia

1. Introduction to the Handbook on Human Rights in China
Sarah Biddulph and Joshua Rosenzweig

Part I Human Rights in China: Contested Meanings
2. Human rights in Chinese tradition
Stephen C. Angle

3. Human rights and the political system
Eva Pils

Part II International Dimensions of Human Rights in China
4. China and the International Multilateral Human Rights System
Ann Kent

5. Human rights in Chinese foreign policy: a battle for global public opinion
Katrin Kinzelbach

6. China and the ‘Responsibility to Protect’ (R2P)
Andrew Garwood-Gowers

PART III Economic and Social Rights
7. Subsistence, Poverty Alleviation and Right to Development: Between Discourse and Practice
Wim Muller

8. Health and Human Rights Performance in China: Stronger on Entitlements, Weaker on Freedoms
Lesley A. Jacobs

9. Labor Rights in China
Manfred Elfstrom

10. Examining China’s Compliance to Emerging International Norms Regarding Environmental Rights
Anna Brettell

11. Objects of Pity or Subjects of Rights? Disability and Human Rights in the People’s Republic of China
Stephen Hallett

12. Mental Health Rights in China
Guo Zhiyuan

13. Women’s Rights and Gender Equality in China: The Development and Struggle in Chains of State Feminism
Jiang Jue

14. Rights of Children and Youth in China: Protection, Provision and Participation
Orna Naftali

PART IV Civil and Political Rights
15. Freedom of Opinion and Expression
Hermann Aubié

16. Freedom of Religion and Belief
Sarah Cook

17. Freedom from Torture
Margaret K. Lewis

18. Arbitrary Detention
Sarah Biddulph

19. Assessing Freedom of Peaceful Assembly and Association in Contemporary China
Angeli Datt and Alex Beck

20. The Death Penalty and Human Rights in China
Susan Trevaskes

21. Movement and Migration
Ming Xia

Section 5 Rights In/action and Access to Justice
22. Lawyers for Human Rights Protection: From Legal Aid to Political Lawyering
Fu Hualing

23. The Right to a Fair Trial
Elisa Nesossi

24. Transparency, Accountability, and Access to Information
Jamie P. Horsley

25. The Development and Obstacles of Anti-discrimination Law and Practice in Mainland China
Lu Jun

PART VI Political Dimensions of Human Rights in Greater China
26. Human Rights in Taiwan: A Thematic Overview
Titus C. Chen

27. Human Rights and Political Opposition in Hong Kong
Michael C. Davis

28. Rights Defense and New Citizen’s Movement
Teng Biao

Section 7 New Frontiers
29. Human Rights and the Internet in China: New Frontiers and Challenges
Marina Svensson

30. LGBTQ rights in China: Movement-Building in Uncertain Times
Joy L. Chia

31. Human Rights and China’s International Trade and Investment Relations
Pitman B. Potter


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