This section provides an overview over international laws and standards, with links to relevant covenants etc. For information how to utilize these international laws, please refer to the section on International mechanisms, which are special bodies that monitors how States follow the laws they have ratified, and in some instances offering channels for complaining to the relevant UN bodies when a State is violating them in regards to an individual.

International Bill of Rights

Core International Human Rights Law

Declarations and International Standards

Note: This section provides an overview of international law, and links to relevant covenants, protocols and standards. For information on using international law, please instead see section on 'International mechanisms'. This is particularly important as much of the international law presented here does not apply to China, either because a failure to ratify certain international laws, or reservations against key articles in them.

The current international human rights system has grown from the December 10, 1948 adoption of the Universal Declaration of Human Rights. The UDHR represents the fundamental norms and expectations of universal human rights, although it is not itself a legally binding document. Taken together with the two core treaties on international human rights, The International Covenant on Civil and Political Rights (ICCPR) along with its two Optional Protocols, and the International Covenant on Economic, Social and Cultural Rights, these form the International Bill of Human Rights.

In addition to these documents a series of treaties and other instruments have been adopted over the years, at the regional and domestic levels with the aim of adhering to international standards. International treaties and customary law form the legal basis of the human rights system while other instruments such as declarations or principles contribute to the implementation of human rights law. For that reason adequate protection of human rights requires a functioning international and domestic system; one cannot discuss or analyze domestic human rights law without an understanding of international human rights law and vice versa.

China has signed and ratified a number of international laws, or at least signed with the assumption of later ratifying, or ratified but only after issuing certain reservations. When China signs certain international human rights treaties they demonstrate their support of the laws within the document and agree to begin institutionalizing domestic legislation in line with their obligations under the given instrument by adjusting their domestic legislation where it fails to do so. Once ratified, China is legally bound to uphold the provisions outlined in the given document, unless otherwise explained through specific reservations. Being legally bound means adhering to certain duties to respect, protect, and fulfill the specific human rights standards enumerated within the law. Respecting human rights means that China must refrain from interfering with the enjoyment of its citizen's human rights. Protecting human rights means that China must protect individuals and groups against violations of their human rights. And Fulfilling human rights obligations means that China must take active steps to allow for its citizens to enjoy their basic human rights.

Although its scope extends beyond human rights, as the foundational document of the United Nations, The United Nations Charter is the first step in process of many of the specific human rights laws discussed in this section. Article 1 paragraph 3 explains the purpose of the United Nations as, “promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or regions...” A number of the following articles are responsible for the establishment of certain human rights monitoring bodies, referred to as charter based mechanisms, such as the Human Rights Council, and for this reason the United Nations Charter is a foundational human rights document. As a constituent treaty, meaning all member countries are bound by its articles, the United Nations Charter is also the foundation of international law in general. China is legally bound by the norms enshrined within this document and a number of international human rights laws which have grown from this document, discussed below.

http://www.un.org/en/documents/charter/index.shtml (EN)

http://www.un.org/zh/documents/charter/ (CN)

This section contains information on international human rights treaties and instruments germane to understanding and analyzing Chinese human rights, and those that are furthermore relevant to domestic Chinese human rights defenders. This section does not present an exhaustive list of international human rights law but focuses on those treaties or other instruments either signed or ratified by China, or those which China has failed to take action on and has been criticized by international human rights bodies, such as during the Universal Period Review.