On Relations between Human Rights and Development
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III. Thoughts on promoting China's human rights and development
Firstly, further implement "people first" approach on development and properly handle the relations between development and human rights. Fully considering the value of human rights in development today, we have to stress the sacred and supreme features of civil rights. "People first" is a rights concept. It requires the change of the old concept of development. Poverty cannot be eradicated without development, nor so the universal implementation of human rights. But economic development will not automatically bring us human rights development. The "people first" development outlook requires a proper handling of relations between efficiency and justice. While pushing economic development, governments at all levels should take social justice as the state policy and the sharing of economic development fruits as the basic economic and social rights and achieve them fully through law and policy arrangements.
Secondly, further improve human rights law system. Further promote law reforms and innovations in the spirit of constitutional protection of human rights, and re-examine and analyze the impact of related laws in practice and achieve the substantial justice required in the formal justice and subsistence and development rights in the form of stipulated justice and protection of equality of everyone before the law.
Improve social security law and set up a sound social security system. Fundamental civil rights to subsistence and development must be protected by a social security system, radically speaking. Putting in place a sound and perfect social security system is an urgent requirement of China in tackling major social issues and protecting human rights.
Strengthen the building of labor protection law. Defense of labor legal rights and interests is the prerequisite of social stability and development. A. Improve the employment guarantee system. We should formulate as soon as possible the anti-discrimination law and the minimum wage law so as to strengthen the intensity of combating against discrimination. B. Improve the labor protection system and defend the dignity and rights of laborers in work. C. Further strengthen supervisory work in law enforcement.
Strengthen the legal protection of women's human rights. Deepen the probe on the human rights problem facing women and set up a complete set of law system in protection of women's rights according to the new features of China's economic and social transition. First, Clearly define the gender discrimination in the law on women's rights protection in reference to the definition of gender discrimination in the Convention on the Elimination of All Forms of Discrimination against Women, to which China acceded in 1980. Second, clearly define the concept of domestic violence and sexual harassments and work out a law against domestic violence in reference to the 1993 UN Declaration on Elimination of Violence Against Women and the experience of modern countries under the rule of law. Third, revise and improve related legislation to promote gender equality.
Thirdly, strengthen the protection of the equal rights of the disadvantaged. A key point in China's rights system is to strengthen the rights protection for the disadvantaged. The social disadvantaged are a fragile group at the fringe of society and their rights are often neglected. The human rights protection system should sensitively reflect their problems. It is especially required to change the law stipulations on equality protection into new and effective concrete mechanisms and formulate special measures in their favor. This is of vital importance to building a harmonious society.
Fourthly, set up special state human rights organs. The past decades have witnessed a new tendency of human rights development in the setting up of state human rights organs. We suggest the setting up of such organs in China.
(The author is Professor and Director of the Human Rights Studies Center, Party School of Central Committee, CPC.)
(The speech was delivered at the first session of the Beijing Forum on Human Rights.)
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