| CHINA People's Republic of China Zhonghua Renmin Gongheguo Joined United Nations: 24 October 1945 Human Rights as assured by their constitution Updated 22 March 2013 |
CHAPTER II. THE FUNDAMENTAL RIGHTS AND DUTIES OF CITIZENS
Article 33. All persons holding the nationality of the People's Republic of China are citizens of the People's Republic of China. All citizens
of the People's Republic of China are equal before the law. Every citizen enjoys the rights and at the same time must perform the duties
prescribed by the Constitution and the law.
Article 34. All citizens of the People's Republic of China who have reached the age of 18 have the right to vote and stand for election,
regardless of nationality, race, sex, occupation, family background, religious belief, education, property status, or length of residence,
except persons deprived of political rights according to law.
Article 35. Citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession
and of demonstration.
Article 36. Citizens of the People's Republic of China enjoy freedom of religious belief. No state organ, public organization or individual
may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not
believe in, any religion. The state protects normal religious activities. No one may make use of religion to engage in activities that disrupt
public order, impair the health of citizens or interfere with the educational system of the state. Religious bodies and religious affairs are not
subject to any foreign domination.
Article 37. The freedom of person of citizens of the People's Republic of China is inviolable. No citizen may be arrested except with the
approval or by decision of a people's procuratorate or by decision of a people's court, and arrests must be made by a public security
organ. Unlawful deprivation or restriction of citizens' freedom of person by detention or other means is prohibited; and unlawful search of
the person of citizens is prohibited. Article 38. The personal dignity of citizens of the People's Republic of China is inviolable. Insult, libel,
false charge or frame-up directed against citizens by any means is prohibited.
Article 39. The home of citizens of the People's Republic of China is inviolable. Unlawful search of, or intrusion into, a citizen's home is
prohibited.
Article 40. The freedom and privacy of correspondence of citizens of the People's Republic of China are protected by law. No
organization or individual may, on any ground, infringe upon the freedom and privacy of citizens' correspondence except in cases where,
to meet the needs of state security or of investigation into criminal offences, public security or procuratorial organs are permitted to
censor correspondence in accordance with procedures prescribed by law.
Article 41. Citizens of the People's Republic of China have the right to criticize and make suggestions to any state organ or functionary.
Citizens have the right to make to relevant state organs complaints and charges against, or exposures of, violation of the law or dereliction
of duty by any state organ or functionary; but fabrication or distortion of facts with the intention of libel or frame-up is prohibited. In case
of complaints, charges or exposures made by citizens, the state organ concerned must deal with them in a responsible manner after
ascertaining the facts. No one may suppress such complaints, charges and exposures, or retaliate against the citizens making them.
Citizens who have suffered losses through infringement of their civil rights by any state organ or functionary have the right to
compensation in accordance with the law.
Article 42. Citizens of the People's Republic of China have the right as well as the duty to work. Using various channels, the state creates
conditions for employment, strengthens labour protection, improves working conditions and, on the basis of expanded production,
increases remuneration for work and social benefits. Work is the glorious duty of every able-bodied citizen. All working people in state
enterprises and in urban and rural economic collectives should perform their tasks with an attitude consonant with their status as masters
of the country. The state promotes socialist labour emulation, and commends and rewards model and advanced workers. The state
encourages citizens to take part in voluntary labour. The state provides necessary vocational training to citizens before they are employed.
Article 43. Working people in the People's Republic of China have the right to rest. The state expands facilities for rest and recuperation of
working people, and prescribes working hours and vacations for workers and staff.
Article 44. The state prescribes by law the system of retirement for workers and staff in enterprises and undertakings and for
functionaries of organs of state. The livelihood of retired personnel is ensured by the state and society.
Article 45. Citizens of the People's Republic of China have the right to material assistance from the state and society when they are old, ill
or disabled. The state develops the social insurance, social relief and medical and health services that are required to enable citizens to
enjoy this right. The state and society ensure the livelihood of disabled members of the armed forces, provide pensions to the families of
martyrs and give preferential treatment to the families of military personnel. The state and society help make arrangements for the work,
livelihood and education of the blind, deaf-mute and other handicapped citizens.
Article 46. Citizens of the People's Republic of China have the duty as well as the right to receive education. The state promotes the
all-round moral, intellectual and physical development of children and young people.
Article 47. Citizens of the People's Republic of China have the freedom to engage in scientific research, literary and artistic creation and
other cultural pursuits. The state encourages and assists creative endeavours conducive to the interests of the people made by citizens
engaged in education, science, technology, literature, art and other cultural work.
Article 48. Women in the People's Republic of China enjoy equal rights with men in all spheres of life, political, economic, cultural and
social, and family life. The state protects the rights and interests of women, applies the principle of equal pay for equal work for men and
women alike and trains and selects cadres from among women.
Article 49. Marriage, the family, and mother and child are protected by the state. Both husband and wife have the duty to practise family
planning. Parents have the duty to rear and educate their minor children, and children who have come of age have the duty to support and
assist their parents. Violation of the freedom of marriage is prohibited. Maltreatment of old people, women and children is prohibited.
Article 50. The People's Republic of China protects the legitimate rights and interests of Chinese nationals residing abroad and protects the
lawful rights and interests of returned overseas Chinese and of the family members of Chinese nationals residing abroad.
Article 51. The exercise by citizens of the People's Republic of China of their freedoms and rights may not infringe upon the interests of
the state, of society and of the collective, or upon the lawful freedoms and rights of other citizens.
Article 52. It is the duty of citizens of the People's Republic of China to safeguard the unity of the country and the unity of all its
nationalities.
Article 53. Citizens of the People's Republic of China must abide by the constitution and the law, keep state secrets, protect public
property and observe labour discipline and public order and respect social ethics.
Article 54. It is the duty of citizens of the People's Republic of China to safeguard the security, honour and interests of the motherland;
they must not commit acts detrimental to the security, honour and interests of the motherland.
Article 55. It is the sacred obligation of every citizen of the People's Republic of China to defend the motherland and resist aggression. It
is the honourable duty of citizens of the People's Republic of China to perform military service and join the militia in accordance with the
law.
Article 56. It is the duty of citizens of the People's Republic of China to pay taxes in accordance with the law.
Article 33. All persons holding the nationality of the People's Republic of China are citizens of the People's Republic of China. All citizens
of the People's Republic of China are equal before the law. Every citizen enjoys the rights and at the same time must perform the duties
prescribed by the Constitution and the law.
Article 34. All citizens of the People's Republic of China who have reached the age of 18 have the right to vote and stand for election,
regardless of nationality, race, sex, occupation, family background, religious belief, education, property status, or length of residence,
except persons deprived of political rights according to law.
Article 35. Citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession
and of demonstration.
Article 36. Citizens of the People's Republic of China enjoy freedom of religious belief. No state organ, public organization or individual
may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not
believe in, any religion. The state protects normal religious activities. No one may make use of religion to engage in activities that disrupt
public order, impair the health of citizens or interfere with the educational system of the state. Religious bodies and religious affairs are not
subject to any foreign domination.
Article 37. The freedom of person of citizens of the People's Republic of China is inviolable. No citizen may be arrested except with the
approval or by decision of a people's procuratorate or by decision of a people's court, and arrests must be made by a public security
organ. Unlawful deprivation or restriction of citizens' freedom of person by detention or other means is prohibited; and unlawful search of
the person of citizens is prohibited. Article 38. The personal dignity of citizens of the People's Republic of China is inviolable. Insult, libel,
false charge or frame-up directed against citizens by any means is prohibited.
Article 39. The home of citizens of the People's Republic of China is inviolable. Unlawful search of, or intrusion into, a citizen's home is
prohibited.
Article 40. The freedom and privacy of correspondence of citizens of the People's Republic of China are protected by law. No
organization or individual may, on any ground, infringe upon the freedom and privacy of citizens' correspondence except in cases where,
to meet the needs of state security or of investigation into criminal offences, public security or procuratorial organs are permitted to
censor correspondence in accordance with procedures prescribed by law.
Article 41. Citizens of the People's Republic of China have the right to criticize and make suggestions to any state organ or functionary.
Citizens have the right to make to relevant state organs complaints and charges against, or exposures of, violation of the law or dereliction
of duty by any state organ or functionary; but fabrication or distortion of facts with the intention of libel or frame-up is prohibited. In case
of complaints, charges or exposures made by citizens, the state organ concerned must deal with them in a responsible manner after
ascertaining the facts. No one may suppress such complaints, charges and exposures, or retaliate against the citizens making them.
Citizens who have suffered losses through infringement of their civil rights by any state organ or functionary have the right to
compensation in accordance with the law.
Article 42. Citizens of the People's Republic of China have the right as well as the duty to work. Using various channels, the state creates
conditions for employment, strengthens labour protection, improves working conditions and, on the basis of expanded production,
increases remuneration for work and social benefits. Work is the glorious duty of every able-bodied citizen. All working people in state
enterprises and in urban and rural economic collectives should perform their tasks with an attitude consonant with their status as masters
of the country. The state promotes socialist labour emulation, and commends and rewards model and advanced workers. The state
encourages citizens to take part in voluntary labour. The state provides necessary vocational training to citizens before they are employed.
Article 43. Working people in the People's Republic of China have the right to rest. The state expands facilities for rest and recuperation of
working people, and prescribes working hours and vacations for workers and staff.
Article 44. The state prescribes by law the system of retirement for workers and staff in enterprises and undertakings and for
functionaries of organs of state. The livelihood of retired personnel is ensured by the state and society.
Article 45. Citizens of the People's Republic of China have the right to material assistance from the state and society when they are old, ill
or disabled. The state develops the social insurance, social relief and medical and health services that are required to enable citizens to
enjoy this right. The state and society ensure the livelihood of disabled members of the armed forces, provide pensions to the families of
martyrs and give preferential treatment to the families of military personnel. The state and society help make arrangements for the work,
livelihood and education of the blind, deaf-mute and other handicapped citizens.
Article 46. Citizens of the People's Republic of China have the duty as well as the right to receive education. The state promotes the
all-round moral, intellectual and physical development of children and young people.
Article 47. Citizens of the People's Republic of China have the freedom to engage in scientific research, literary and artistic creation and
other cultural pursuits. The state encourages and assists creative endeavours conducive to the interests of the people made by citizens
engaged in education, science, technology, literature, art and other cultural work.
Article 48. Women in the People's Republic of China enjoy equal rights with men in all spheres of life, political, economic, cultural and
social, and family life. The state protects the rights and interests of women, applies the principle of equal pay for equal work for men and
women alike and trains and selects cadres from among women.
Article 49. Marriage, the family, and mother and child are protected by the state. Both husband and wife have the duty to practise family
planning. Parents have the duty to rear and educate their minor children, and children who have come of age have the duty to support and
assist their parents. Violation of the freedom of marriage is prohibited. Maltreatment of old people, women and children is prohibited.
Article 50. The People's Republic of China protects the legitimate rights and interests of Chinese nationals residing abroad and protects the
lawful rights and interests of returned overseas Chinese and of the family members of Chinese nationals residing abroad.
Article 51. The exercise by citizens of the People's Republic of China of their freedoms and rights may not infringe upon the interests of
the state, of society and of the collective, or upon the lawful freedoms and rights of other citizens.
Article 52. It is the duty of citizens of the People's Republic of China to safeguard the unity of the country and the unity of all its
nationalities.
Article 53. Citizens of the People's Republic of China must abide by the constitution and the law, keep state secrets, protect public
property and observe labour discipline and public order and respect social ethics.
Article 54. It is the duty of citizens of the People's Republic of China to safeguard the security, honour and interests of the motherland;
they must not commit acts detrimental to the security, honour and interests of the motherland.
Article 55. It is the sacred obligation of every citizen of the People's Republic of China to defend the motherland and resist aggression. It
is the honourable duty of citizens of the People's Republic of China to perform military service and join the militia in accordance with the
law.
Article 56. It is the duty of citizens of the People's Republic of China to pay taxes in accordance with the law.
Homo erectus arrived in China over 1 million years ago. Human history began about 19,000
BCE ans has been recorded in China for over 5,000 years with archaeological evidence
dating back to the 16th Century BCE. True Chinese culture evolved around 2,800 BCE with
an account of the Three August Ones and the Five Emperors. The Xia Dynasty was the first
great Chinese Kingdom to arise around 2,100. A secession of powerful dynasties ruled
China as city states until the uniting of the city-state and the rise of the Chinese Imperial era
in 214 BCE. Confucianism was adopted with the Han Dynasty in 206 BCE, with Buddhism
and Taoism flourishing along side. Invasion by Mongols in the 13th and 14th Centuries CE
saw the introduction of Pax Mongolica and the arrival of European explorers to the capital of
Beijing such as Venetian Marco Polo in 1266. Chinese control of the region returned with the
Ming dynasty and, though traditionally an insular culture trade and contact with greater Asia,
Africa and Europe continued through the 19th Century. Attempts to stave the Opium trade
led to invasion by Britain in 1840 and other major powers, including the United States,
France, Russia, Germany, and Japan thereupon forcibly occupied "concessions" and
gained special commercial privileges by 1842. A series of rebellions and wars throughout
the remainder of the 19th and early 20th centuries further weakened the autonomy of the
Chinese state, fulminated revolution and civil war and culminated in occupation by Japan in
1931. The warring factions united to unsuccessfully repulse the invasion but resumed their
conflict following World War II. The Nationalist faction fled mainland China in 1949 and
formed a government on the island of Taiwan. The Communist Party of China asserted
control of the mainland declaring the People's Republic of China on 1 October 1949. The
present constitution was adopted on 4 December 1982. It has been updated numerous
times, most recently on 22 March 2004Human rights are enumerated beginning with Chapter
II (The Fundamental Rights and Duties of Citizens), conform with the 1948 Universal
Declaration of Human Rights of which China is a signatory and are detailed below. For a full
English translation of China's Constitution, click here.
BCE ans has been recorded in China for over 5,000 years with archaeological evidence
dating back to the 16th Century BCE. True Chinese culture evolved around 2,800 BCE with
an account of the Three August Ones and the Five Emperors. The Xia Dynasty was the first
great Chinese Kingdom to arise around 2,100. A secession of powerful dynasties ruled
China as city states until the uniting of the city-state and the rise of the Chinese Imperial era
in 214 BCE. Confucianism was adopted with the Han Dynasty in 206 BCE, with Buddhism
and Taoism flourishing along side. Invasion by Mongols in the 13th and 14th Centuries CE
saw the introduction of Pax Mongolica and the arrival of European explorers to the capital of
Beijing such as Venetian Marco Polo in 1266. Chinese control of the region returned with the
Ming dynasty and, though traditionally an insular culture trade and contact with greater Asia,
Africa and Europe continued through the 19th Century. Attempts to stave the Opium trade
led to invasion by Britain in 1840 and other major powers, including the United States,
France, Russia, Germany, and Japan thereupon forcibly occupied "concessions" and
gained special commercial privileges by 1842. A series of rebellions and wars throughout
the remainder of the 19th and early 20th centuries further weakened the autonomy of the
Chinese state, fulminated revolution and civil war and culminated in occupation by Japan in
1931. The warring factions united to unsuccessfully repulse the invasion but resumed their
conflict following World War II. The Nationalist faction fled mainland China in 1949 and
formed a government on the island of Taiwan. The Communist Party of China asserted
control of the mainland declaring the People's Republic of China on 1 October 1949. The
present constitution was adopted on 4 December 1982. It has been updated numerous
times, most recently on 22 March 2004Human rights are enumerated beginning with Chapter
II (The Fundamental Rights and Duties of Citizens), conform with the 1948 Universal
Declaration of Human Rights of which China is a signatory and are detailed below. For a full
English translation of China's Constitution, click here.