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Economic and Social Council UNITED E NATIONS Economic and Social Distr. Council GENERAL E/1990/5/Add.59 4 March 2004 Original: ENGLISH Substantive session of 2004 IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS Initial reports submitted by States parties under articles 16 and 17 of the Covenant Addendum PEOPLE’S REPUBLIC OF CHINA* [27 June 2003] * The information submitted by the People’s Republic of China in accordance with the guidelines concerning the initial part of reports of States parties is contained in the core document (HRI/CORE/1/Add.21/Rev.2). GE.04-40656 (E) 300304 E/1990/5/Add.59 page 2 CONTENTS Paragraphs Page Part One: CHINA Introduction .............................................................................................. 1 - 5 5 Article 1. Self-determination ............................................................ 6 - 8 5 Article 2. Measures taken to guarantee the full realization of rights ............................................................................. 9 - 16 6 Article 3. Gender equality ................................................................. 17 - 22 9 Article 6. The right to work .............................................................. 23 - 45 11 Article 7. The right to favourable working conditions ..................... 46 - 68 21 Article 8. The right to join a trade union .......................................... 69 - 82 28 Article 9. The right to social security ............................................... 83 - 95 33 Article 10. Protection of the family .................................................... 96 - 107 37 Article 11. The right to an adequate standard of living ...................... 108 - 144 40 Article 12. The right to good health ................................................... 145 - 209 51 Articles 13 and 14. The right to education ....................................................... 210 - 232 71 Article 15. The right to cultural life and the benefits of science ........ 233 - 283 78 Tables ............................................................................................................................. 95 Charts .............................................................................................................................. 109 Part Two: HONG KONG SPECIAL ADMINISTRATIVE REGION* Introduction .............................................................................................. 284 - 287 112 I. LAND AND PEOPLE .................................................................. 288 113 * The initial report concerning the rights covered by articles 1-15 of the Covenant (E/1990/5/Add.43) was considered by the Committee on Economic, Social and Cultural Rights at its twenty-fifth session in May 2001 (see E/C.12/2001/SR.9-11 and concluding observations E/C.12/1/Add.58). E/1990/5/Add.59 page 3 CONTENTS (continued) Paragraphs Page II. GENERAL POLITICAL STRUCTURE ...................................... 289 - 315 118 III. GENERAL LEGAL FRAMEWORK WITHIN WHICH HUMAN RIGHTS ARE PROTECTED ...................................... 316 - 338 123 IV. INFORMATION AND PUBLICITY ........................................... 339 - 342 130 V. IMPLEMENTATION OF ARTICLES 1-16 OF THE COVENANT ................................................................................ 343 - 779 131 A. Article 1. Progress and development of democracy ........ 343 - 346 131 B. Article 2. Progressive realization of the rights recognized in the Covenant and the exercise of those rights without discrimination ............................................ 347 - 368 131 C. Article 3. Equal rights of men and women ...................... 369 - 379 136 D. Article 4. Permissible limitation of Covenant rights ....... 380 138 E. Article 5. Prohibition on destruction of any rights and freedoms recognized in the Covenant ........................ 381 139 F. Article 6. Choice of occupation and labour rights ........... 382 - 404 139 G. Article 7. Right to enjoy just and favourable conditions of work ............................................................ 405 - 426 144 H. Article 8. Right to trade union membership .................... 427 - 441 148 I. Article 9. Right to social security .................................... 442 - 468 152 J. Article 10. Protection of the family ................................. 469 - 558 156 K. Article 11. Right to an adequate standard of living ......... 559 - 599 173 L. Article 12. Right to health ............................................... 600 - 681 181 M. Articles 13 and 14. Right to education ............................ 682 - 750 197 E/1990/5/Add.59 page 4 CONTENTS (continued) Paragraphs Page N. Article 15. Right to cultural life, scientific progress and its application .................................................................... 751 - 775 211 O. Article 16. Submission of report ..................................... 776 - 779 216 Annexes* Part Three: MACAO SPECIAL ADMINISTRATIVE REGION Introduction .............................................................................................. 780 - 789 217 Article 1. The MSAR autonomy ....................................................... 790 - 795 218 Article 2. Recognition and application of Covenant rights .............. 796 - 815 219 Article 3. Equal rights of men and women ....................................... 816 - 822 221 Article 4. Permissible limitation of Covenant rights ........................ 823 - 826 222 Article 5. Restrictions on the rights recognized in the Covenant ..... 827 - 828 223 Article 6. Right to work .................................................................... 829 - 873 223 Article 7. Right to enjoy just and favourable conditions of work .... 874 - 895 230 Article 8. Right to trade union membership ..................................... 896 - 903 233 Article 9. Right to social security ..................................................... 904 - 920 234 Article 10. Protection of the family .................................................... 921 - 965 239 Article 11. Right to an adequate standard of living ............................ 966 - 1019 244 Article 12. Right to health .................................................................. 1020 - 1092 250 Articles 13 and 14. Right to education ............................................................. 1093 - 1146 259 Article 15. Right to cultural life and scientific progress ..................... 1146 - 1218 266 Annexes* * Available for consultation in the files of the secretariat of the Committee on Economic, Social and Cultural Rights. E/1990/5/Add.59 page 5 Part One CHINA Introduction 1. The People’s Republic of China has consistently attached great importance to the question of human rights and considers it a duty to promote and protect all the human rights and fundamental freedoms of its people. The Government of China is committed to the promotion and protection of its people’s economic, social and cultural rights and has made great achievements in this regard. 2. On 27 October 1997, China signed the International Covenant on Economic, Social and Cultural Rights (hereunder referred to as “the Covenant”). On 28 February 2001, the Standing Committee of the 9th National People’s Congress ratified China’s accession to the Covenant. On 27 March 2001, the Permanent Mission of the People’s Republic of China to the United Nations presented the instrument of accession to the Secretary-General of the United Nations. On 27 June 2001, the Covenant formally entered into force in China. 3. In accordance with articles 16 and 17 of the Covenant and the regulations of the Economic and Social Council, China is supposed to submit to the Secretary-General of the United Nations for transmittal to the Economic and Social Council an initial report on the status of implementation of the Covenant. In keeping with the general standards and suggestions of the Economic and Social Council pertaining to the submission of such reports by States parties, China has written this initial report on the status of implementation of the Covenant. 4. With an emphasis on achievements in the legislative and judicial fields, and including areas of difficulty and problems that exist, this report presents the general status of implementation of the Covenant. It is composed of three parts. Part One covers the current situation and progress in the implementation of the Covenant in China. Part Two covers the current situation of the implementation of the Covenant in the Special Administrative Region of Hong Kong, and has been written by the Government of the Special Administrative Region of Hong Kong. Part Three covers the current situation of the implementation of the Covenant in the Special Administrative Region of Macao, and has been written by the Government of the Special Administrative Region of Macao. 5. It is important to make clear that all relevant departments of the Government of China participated in the writing of this report and supplied large amounts of data. Chinese non-governmental organizations, and academics and experts in relevant areas also contributed to the writing of this report. Article 1 Self-determination 6. China is one of the oldest nations on earth. Together, the country’s various nationalities have built a bright and glorious history. As of 1840, China was gradually transformed from a great feudal nation into a semi-colonial and semi-feudal State. The national authority fell into decline and the people’s human rights lost their basic guarantees. In order to achieve national
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