China’s Approach to Human Rights and the UN Human Rights Agenda

There is an apprehension in the democratic world about the possible impact of the economic rise of China on the UN human rights agenda. Although Communist China has embraced capitalism by liberalising its economy, by joining the WTO and by recognising private entrepreneurship and the right to private property, it has not been an enthusiastic partner when it comes to promoting and protecting human rights. China has supported the idea of so-called “Asian values”, or cultural and political relativism, as well as promoting the idea of a “China Model of Democracy”, which seeks to support economic growth at the expense of civil and political rights. This article examines China’s approach to human rights both within and outside of the UN and whether China’s rise as a major economic power poses a threat or offers an opportunity to the international human rights system led by the UN. In doing so, it considers how China is changing in terms of its approach to the rule of law, democracy and human rights and why it needs to become a willing and enthusiastic player within the UN system to promote and protect human rights. The author concludes that China will not pose a threat to the UN human rights agenda. One way or the other, the only way forward for China is to embrace the rule of law, and this will in turn entail respect for human rights. Thus, there is an opportunity for the UN to introduce human rights law and jurisprudence developed by the UN treaty bodies to the Chinese legal and constitutional system.