China and the International Covenant on Civil and Political Rights: Prospects and Challenges

摘要

This article looks at China's engagement with international human rights treaties and the extent to which this is bringing understanding of, and compliance with, international human rights norms as a background to China's possible ratification of the International Covenant on Civil and Political Rights (ICCPR). It explores, in respect of two particular articles in the ICCPR, Article 14 and Article 6(2), where China stands with its current domestic legislation and practice in terms of conformity and argues that there still needs to be significant legal reform in the area of fair trial issues and the use of death penalty before ratification is possible. Finally, it looks at the state of civil and political rights in China and the problem of democracy and concludes that although China will unquestionably ratify the ICCPR, change will still be gradual.