The Foundations Of Rights

At the Sixth Beijing Forum on Human Rights， participants exchanged their views on issues pertaining to the development and protection of human rights. The following are edited excerpts of papers submitted by attending scholars.

Li Junru， Vice President of the China Society for Human Rights Studies and former Vice President of the Party School of the Central Committee of Communist Party of China （CPC）

The concept of the Chinese Dream not only represents a dream of national rejuvenation and prosperity as well as the people’s wellbeing， which has been pursued from generation to generation in China， but is also a dream of human rights for which Chinese people have long strived.

The rights to subsistence and development are principal human rights， and this is also the Chinese people’s view of human rights. On one hand， this is because we have realized that humans can commit themselves to politics， science， art， philosophy， religion， and other activities only when their needs for food， drink， housing and clothing are properly met. This means that the rights to subsistence and development are prerequisite for effective implementation of other human rights.

On the other hand， after lagging behind Western countries in terms of economic and social development for so many years， China is finally able to combat poverty and underdevelopment only when its rights to subsistence and development are fulfilled. It has been proven that poverty and insufficient development are the biggest obstacles in preventing Chinese people from fully enjoying their human rights.

Treating the rights to subsistence and development as principal human rights meets the requirements of human rights development and the best interests of the Chinese people and it is also the inevitable choice in protecting and promoting human rights in China.

China’s view of human rights has become the norm for all developing countries around the world， as well as the international community. The UN Declaration on the Right to Development defines the right to development as “an inalienable human right by virtue of which every human person and all peoples are entitled to participate in， contribute to， and enjoy economic， social， cultural and political development， in which all human rights and fundamental freedoms can be fully realized.”

The Vienna Declaration and Program of Action also points out that “the existence of widespread extreme poverty inhibits the full and effective enjoyment of human rights； its immediate alleviation and eventual elimination must remain a high priority for the international community.”

We persist in holding that the rights to subsistence and development are the principal human rights in the hope of mobilizing the people to concentrate on social improvement and economic development and realize the Chinese Dream of national rejuvenation.

Tom Zwart， Professor of Human Rights， Utrecht University and Director of the Netherlands School of Human Rights Research

Despite good intentions and sincere efforts on both sides， discussions on human rights between Northern developed countries and Southern developing countries do not seem very fruitful. This is exemplified by the human rights dialogues that take place between China and its Northern partners. Although these sessions are conducted behind closed doors， the glimpses we get as outsiders do not paint a very positive picture. The meetings have become antagonistic and at times even testy. If these encounters have any effect at all， it is driving the participants apart rather than bringing them together.

The human rights debate is currently being dominated by views that are popular in the North， while there is only limited attention for indigenous practices and perceptions in other parts of the world. The reasons why Southern views on human rights currently receive little attention from the participants in the international human rights discourse are twofold.

On the one hand， this is because the zeal with which Northern actors promote their views on human rights， and the resources available to them to make their case， are difficult to match. On the other hand， however， Southern modesty and humility also play a very important part. Experts from these regions are not culturally disposed to seek the limelight and to counter the criticism expressed by international experts. As a result， Northerners are not being exposed to a wealth of material on human rights that could assist them in getting a better understanding of the debates that are going on in the South.

In other words， not only do Northerners push for their views to be heard， their counterparts in Africa and Asia offer them the room to do so by not claiming their own territory and rebutting the criticism.

To counter this trend， Northerners should approach the human rights debate with more humility by accepting that other views are equally legitimate. To be able to do so， they will have to accommodate their cultural schemes when necessary.

Southern scholars can also make an important contribution. Northerners tend to define the South in terms of human rights because it does not do so vocally itself. Therefore， Southerners should feel encouraged to showcase their research more actively in international forums， in languages which are accessible to wider academic audiences.

Chen Shiqiu， Vice President of the China Society for Human Rights Studies

The full exercise of human rights requires a favorable social environment， which should feature harmony， impartiality， equality， nondiscrimination， tolerance， civilization， obedience to law， fairness， non-violence and so on.

In order to relieve and overcome social contradictions and conflicts， China has undertaken the task of constructing a harmonious society， and has chosen to put emphasis on the building of a social justice system mainly focusing on equal rights， opportunities and rules. All efforts in this regard are made for creating a fair social environment， and guaranteeing people’s rights to equal participation and equal development. These guidelines， policies and measures， which are intended to strengthen social construction and management as well as guarantee and improve human rights， have already taken notable effects.

Social conflicts cannot be solved through one single step. Although previous contradictions are solved， some new ones will occur. Therefore， the construction of a harmonious society is a longterm project， and solving social contradictions and building a harmonious society involve a process that can constantly improve human rights.

Human rights are comprehensive and interlinked and as such should be developed in a balanced and comprehensive manner. Civil and political rights can guarantee the full realization of economic， social and cultural rights.

Li Yunlong， Director of the International Relation Studies Office at the Institute of International Strategic Studies of the Party School of the Central Committee of the CPC

After the reform and opening up policies were initiated in the late 1970s， China has adopted the strategy of taking economic， social and cultural rights as the starting point to promote the development of all human rights. In accordance with the practical demands of economic development， the country has paid particular attention to developing economic and social rights.

For instance， workers who rushed into manufacturing and service industries in cities during the process of industrialization required proper rewards and social insurance like pensions and medical care. As economic restructuring and industrial upgrading went further in China， the demand for a skilled workforce promoted the universal coverage and improvement of education， and finally promoted developments in the right to education.

Sound economic development can be maintained only when the income of workers is properly elevated， a social security system that covers the whole of society is established， economic and social rights are improved， and the consumption power of society as a whole is increased.

China has realized a balance between efficiency and fairness by following the principle of Efficiency First， Fairness Indispensable in the process of developing its economy. In accordance with the country’s conditions， the Chinese Government formulated a series of social policies in order to meet the demands of economic development. These policies enabled more people to enjoy the fruits of economic development. Thus， obvious changes have taken place in most people’s living conditions. Their economic and social rights are properly guaranteed.

Meanwhile， China is promoting the development of civil and political rights based on the needs of economic and social development. The modern economy requires workers to be able to move， exchange ideas and share information freely， and to have more individual freedom and political involvement.

To meet the demands of economic and social development， the Chinese Government has gradually lifted the ban on immigration， supported freedom of speech， and expanded individual freedom to promote human rights through developing socialist democracy and opening the path for citizens’ political participation.

Neil Forbes Davidson， member of the House of Lords， UK

In the West many speakers assert that human rights apply universally. In setting standards there is usually in such speeches an intense focus on the individual and what is perceived to be a collection of rights that the individual may claim against the state. Not unsurprising， the assertion is challenged by cultures that philosophically perceive society as much more than an agglomeration of individuals entitled to rights. In cultures and societies where rights are not measured in opposition to the state but rather where the state prioritizes societal benefits over individual rights， Western notions of human rights may appear wrongly based.

At its crudest the debate can become an argument that says the UN promulgated the Universal Declaration of Human Rights in 1948 and that human rights derive from the simple point that we are all human and therefore human rights are universal.

On the contrary side， it is said that far from being universal， human rights are merely an instrument of Western political interventionism and the attempt to impose Western values on societies that are culturally， economically and politically very different from those of the West.

When any given society debates a human rights question it requires balancing the needs of a stable harmonious society with the position of the individual. These choices are not always as stark as how to combat terrorism. They can deal with issues such as why in certain cases imprisonment is justified； who will receive health care and to what level； how education is distributed throughout a society and a variety of other issues.

Many societies clearly and visibly differ as to what is the correct balance， what meets the needs of their society and what reflects the stage of economic development. And as each society makes its own choices it reflects the characteristics of its own.

Faced with the diversity of world societies， it becomes difficult to assert that there are obvious， commonly acceptable， universal answers applicable to all. The most basic of human rights—the right to life—as already observed， can result in very different outcomes in different societies.

While nearly all societies subscribe to human rights within their own jurisdictions， the claim for a universal consensus on human rights is at best premature. Those who seek today to impose their concept of human rights on other societies ignore and fail to respect the diversity of this world. Cultural arrogance is not a helpful means to developing understanding between states.