Why China Should Unsign the International Covenant on Civil and Political Rights

70 Pages Posted: 30 Apr 2019 Last revised: 19 Aug 2019

See all articles by Margaret K. Lewis

Margaret K. Lewis

Seton Hall University - School of Law

Date Written: August 18, 2019

Abstract

In March 2019, the United Nations Human Rights Council finalized its periodic review of China’s human rights record just as human rights in China were under intensified attack. As during prior reviews, China was criticized for its human rights practices. And, once again, China was urged to ratify the International Covenant on Civil and Political Rights (ICCPR), which China signed over twenty years ago. It is time to reevaluate this approach.

This Article argues that the international community should change tack and instead call on China to remove its signature from this foundational human-rights treaty. While this would be a brash and unusual strategy, it is sound as a matter of both law and politics. The anticipated upsides of confronting China about its failure to meet even the minimal obligations as a signatory outweigh the possible downsides of scaling back from the goal of universal participation.

This Article recognizes that China’s signing of the ICCPR has provided a justification for domestic actors to promote human-rights protective reforms. The strength of this argument has, however, faded in recent years. A better path is to pursue a forthright approach whereby the international community rebukes the Chinese leadership’s retrograde motion on civil and political rights while supporting those within China who have looked to the ICCPR for inspiration.

Keywords: China, Human Rights, International Law, ICCPR, United Nations

Suggested Citation

Lewis, Margaret K., Why China Should Unsign the International Covenant on Civil and Political Rights (August 18, 2019). Vanderbilt Journal of Transnational Law, Vol. 53, No. 1, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3375182

Margaret K. Lewis (Contact Author)

Seton Hall University - School of Law ( email )

One Newark Center
Newark, NJ 07102-5210
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
316
Abstract Views
1,947
rank
107,072
PlumX Metrics