Rights Protection
In the practice of carrying out family planning programme, whilst
persistently proceeding from its reality and taking into full account and
observing principles and regulations concerning population and family
planning formulated by international institutions and organizations, the
Chinese government has gradually set up guiding principles, policies,
measures and methods that reflect the basic interests and various rights
and interests of the people, and has continuously improved these as the
actual situations change, so as to better safeguard the right to
subsistence and development of the Chinese nation.
It has been China's consistent stand and principle in international
exchange and cooperation to fully respect the sovereignty of all nations,
and not to interfere with the internal affairs of other nations. The
"Programme of Action" adopted by the International Conference on
Population and Development by that conference in Cairo, 1994, pointed
out: "The formulation and implementation of population-related policies
is the responsibility of each country and should take into account the
economic, social and environmental diversity of conditions in each
country, with full respect for the various religious and ethical values,
cultural backgrounds and philosophical convictions of its people, as well
as the shared but differentiated responsibilities of all the world's
people for a common future." Only by proceeding from the reality of the
country, independently setting up its population policy and target, as
well as plans and measures to realize this target, can the population
problem of each country be effectively solved. Positive results of
solving population problem through international cooperation can only be
achieved under the premise of respecting the sovereignty of each country,
and by adopting the attitude of mutual understanding and the seeking of
common ground while preserving differences. As the national situation,
the degree and pattern of social and economic development, cultural
habits and values, and the specific characteristics of the population
problem in each country differ, there will be differences in the plan and
dynamics of problem solving in each country, which is a normal
phenomenon. Not only has China never imposed its ways and ideas of
solving its own population problem on anyone else, but it has, instead,
always understood and welcomed all good-intentioned criticism and useful
suggestions from outside. However, some people, distorting or
disregarding the basic facts, have made improper comments on China's
family planning programme, criticizing it as a "violation of human
rights," and denouncing it as "inhumane." They have even tried to impose
their values and ideas on China, using the excuse of "protecting human
rights" to put pressure on China and to interfere in China's internal
affairs. This is totally unacceptable. Any such practice of interfering
in China's internal affairs has not only deviated from the basic
principle set up in the field of population by the international
community, but it has also violated the established principles of
international law, which will neither help promote a healthy development
of China's family planning programme nor the stability of the world's
population.
China has always held that concepts of human rights are a product of
historical development, closely related to social, political and economic
conditions, as well as the individual nation's particular history,
culture and concepts. The realization and optimization of human rights is
a historical process. A citizen's right of choice in reproduction is also
part of this process.
The great changes in the world population situation in the mid-twentieth
century, the rapid world population growth and the severe consequence
ensuing have aroused increasing attention from the international
community and various countries. The contradiction between population on
one hand and survival and development on the other is especially sharp in
developing countries with a fast population growth. Irrational
international economic order, stagnant economic and social development,
and the pressure of a large population have continually widened the gap
between developed and developing countries in terms of welfare and living
conditions, increasing rather than decreasing the number of those living
below the poverty line. With recognition of the seriousness of the
population problem and the urgent need to control population growth,
people's understanding and attitudes towards reproduction and other
associated rights have changed, responding to new historical conditions,
becoming more comprehensive. The "World Population Plan of Action,"
approved at the International Population Conference held in Bucharest in
1974, states: "Individual reproductive behaviour and the needs and
aspirations of society should be reconciled.... All couples and
individuals have the basic right to decide freely and responsibly the
number and spacing of their children and to have the information,
education and means to do so; the responsibility of couples and
individuals in the exercise of this right takes into account the needs of
their living and future children, and their responsibilities towards the
community." The "Recommendations on Further Implementing the World
Population Plan of Action," approved at the 1984 International Population
Conference held in Mexico City, again emphasized that "Any recognition of
rights also implies responsibilities." Accordingly, when couples and
individuals exercise their right to the choice of reproduction, they
should "take into consideration their own situation, as well as the
implications of their decisions or the balanced development of their
children and of the community and society in which they live." The
"Recommendations" point out that "governments can do more to assist
people in making their reproductive decisions in a responsible way." The
"Programme of Action" adopted at the International Conference on
Population and Development held in Cairo in 1994 once again points out
that "these [reproductive] rights rest on the recognition of the basic
right of all couples and individuals to decide freely and responsibly the
number, spacing and timing of their children and to have the information
and means to do so, and the right to attain the highest standard of
sexual and reproductive health.... In the exercise of this right, they
should take into account the needs of their living and future children
and their responsibilities towards the community. The promotion of the
responsible exercise of these rights for all people should be the
fundamental basis for government- and community-supported policies and
programmes in the area of reproductive health, including family planning."
Family planning in China is pursued in complete accordance with the
relevant principles and human rights requirements designated by the
international community. China's family planning policies and programmes
combine citizens' rights and duties, joining the interests of the
individual with those of society. These conform to the basic principles
outlined at the various international population conferences and have
been established on the basis of the relationship of interpersonal
interests under socialism. Never in any country are rights and duties
absolute, but rather, they are relative. There are no duties apart from
rights, or rights apart from duties. When there is conflict between
social needs and individual interests, a means has to be sought to
mediate it. This is something that the government of every sovereign
country is doing. As China has a large population, the Chinese government
has to limit the number of births of its citizens. This is a duty
incumbent on each citizen as it serves the purpose of making the whole
society and whole nation prosperous, and it is not proceeding from the
private interest of some individuals. This is wholly justifiable and
entirely consistent with the moral concepts of Chinese society. To talk
about citizens' rights and duties out of reality in an abstract and
absolute way does not hold water either in China or in any other country.
In a heavily populated developing country like China, if the reproductive
freedom of couples and individuals are unduly emphasized at the expense
of their responsibilities to their families, children and societal
interests in matters of child bearing, indiscriminate reproduction and
unlimited population growth will inevitably ensue. The interests of the
majority of the people, including those of new-born infants, will be
seriously harmed.
We should see that in China, especially in rural, backward and remote
areas, there is a gap between the desire for childbirth of some couples
of child-bearing age and the demand of the present family planning
policy, and shortcomings of one kind or another are unavoidable in family
planning work. However, as the family planning policy fundamentally
conforms to the interests of the majority of the Chinese people and,
during its actual implementation, the actual difficulties and reasonable
demands of some people have been taken into consideration and the legal
rights and interests of the citizens are strongly protected, the family
planning policy has won understanding and recognition from the broad
masses of the people. Through long period of practice, the Chinese people
have realized more and more deeply from their practical interests that
family planning is a cause that benefits the nation and the people, and
they have increasingly come to understand and support this cause. After
unremitting efforts, including drawing useful experience from other
countries, the management level and service quality of China's family
planning programme have continually been improved and the shortcomings
and problems in its actual work has been remarkably reduced. We believe
that all those who do not seek to hold prejudice will respect this basic
fact.
Chinese School on http://www.learnchinese.bj.cn
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