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The State Council is now considering a new medical insurance system, aiming to cover children and other citizens who are not eligible to join the employees’ basic medical insurance.[28] Local governments, especially those in developed areas, are establishing local medical insurance systems for the children residing in those areas.[29] Birth control is established by the Chinese Constitution as a fundamental policy of the nation.[30] Citizens bear the statutory obligation to practice birth control under the law.[31] “advocates” one couple to have only one child, with exceptions provided by provincial-level population control regulations when a couple “may apply” to have two children (most likely to couples in rural areas whose first child is female).[32] The government, however, implements the “advocated” policy strongly, which is widely criticized to be violating international human rights standards set up in the international children’s right documents mentioned in above part II.The Congressional-Executive Commission on China (CECC) detailed the coerced compliance with the policy performed by the officials to be “through a system marked by pervasive propaganda, mandatory monitoring of women’s reproductive cycles, mandatory contraception, mandatory birth permits, coercive fines for failure to comply, and in some cases, forced sterilization and abortion.”[33] In its 2007 Annual Report, the CECC concludes that in 2007: China continues to implement population planning policies that violate international human rights standards. [38] Before the middle 1980s, because educational resources were scarce, selected “key schools” — usually those with records of past educational accomplishment — were given priority in the assignment of teachers, equipment, and funds. According to the author, a prosecutor in the People’s Procuratorate in Shanghai, the Minors Protections Law has never been cited by the court when trying cases with minors as defendants.

According to article 13 of , a worker’s medical bill shall be paid by the state-owned enterprises for which he or she works, and their children get fifty percent of their medical costs reimbursed.[26] The labor insurance was replaced by “the employee’s basic medical insurance” in 1998.

The State Council of China issued at the end of that year.[27] Children’s health care is not covered in this decision, which actually pushes them out of the state’s medical insurance system.

Those who lure minors into promiscuity will be punished by a heavier penalty.[74] Organizing or compelling others to prostitution may result in fixed-term imprisonment from five years to ten years and a fine.

Organizing or compelling girls under the age of fourteen to prostitution, however, may result in a fixed-term imprisonment from ten years to life imprisonment or even the death penalty and confiscation of property.[75] Inducing girls under the age of fourteen into prostitution may result in fixed-term imprisonment of five years and fine.[76] Having sex with girls under the age of fourteen who are acting as prostitutes may result in a fixed-term imprisonment of five years and fine.[77] The PRC Criminal Law does not specifically regulate child pornography.

In practice, enforcement of the treaty obligations and the legislative declarations remains a huge problem.

(PDF, 106KB) The People’s Republic of China (PRC)[1] declares that it protects a wide range of children’s rights through domestic legislation and by ratifying and joining the relevant international treaties.

Back to Top Major international documents relating to children’s rights that the PRC government has signed and ratified are as follows: It is worth noting that when deciding on ratification of the CRC, the PRC Standing Committee of the National People’s Congress (NPC, China’s top legislative body) made a reservation to Article 6 of the CRC on the inherent right to life, stating that China shall fulfill its obligation provided by this article under the prerequisite of planned birth provided by Article 25 of the PRC Constitution.[15] In addition, China signed but did not ratify the International Covenant on Civil and Political Rights 1966 on October 5, 1998, which, up to now, has not taken effect in China.[16] With regard to the implementation of its promises for international cooperation, the Chinese government reported in its 2004 human rights white paper that it “conscientiously wrote its first reports on the implementation of the “International Covenant on Economic, Social and Cultural Rights” and the “Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography.”[17] It also claimed to have held a seminar on the questionnaire of the UN Independent Expert on Violence against Children, “given an honest, detailed answer to it, and submitted it to the United Nations.”[18] In addition, “in December 2004, China submitted to the United Nations its answer to the questionnaire on child pornography on the Internet based on careful study.”[19] Back to Top The primary law governing child health in China is (promulgated by the NPC Standing Committee, effective June 1, 1995) (Maternal and Infant Health Law).[20] According to Article 2 of the Maternal and Infant Health Law, “[t]he State shall develop maternal and infant health care projects and provide the necessary environments and material aids so as to ensure that mothers and infants receive medical and health care services.” The 135-article law covers pre-marital healthcare, pre-natal and post-natal healthcare, administrative provisions for medical assistance and facilities for treatment and health.

The law requires medical institutions to offer pre-marital healthcare service, including health instruction, consultation, and medical examination.[21] In cases of certain serious genetic disease found through the examination, long-term contraceptive measures or performance of tubal ligation operations shall be taken upon the agreement of the marrying couple.[22] Medical institutions are also required to provide pre-natal and post-natal healthcare, including instructions, healthcare services for pregnant women, women ready for delivery at the hospital, fetuses, and newborns.[23] As the body authorized to implement the law, the PRC State Council (China’s cabinet) issued an Implementation Rules of the Maternal and Infant Health Law in 2001.[24] It is worth noting that although the law sets up the duties for medical institutions and local governments in offering and assisting maternal and infant healthcare, the services are not always free.

[7] People aged from ten to eighteen have limited capacity of civil conduct, and may only engage in civil activities appropriate to the age range and intellect.

People under ten years old have no civil conduct capacity.[8] Unless otherwise indicated, “children” or "minors" hereinafter refers to people under the age of eighteen.

Unfortunately, most of these legislative declarations, are not enforced effectively in practice.[81] Article 51 of the Minors Protection Law provides prompt trial of cases brought by minors whose lawful rights and interests are injured.