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National Constitutional provisions – China

 

The constitution is the fundamental law of the country, reflecting the underlying and unifying values of society. It spells out the basic rights of each person; it serves as a framework for all other laws and policies, and cannot be easily changed. However, it can be changed and updated through a democratic process, and it is important to keep it alive, by popularising and using it, and by campaigning for its reform or amendment if necessary. Below we have picked out what we see as some of the most relevant articles, but please be encouraged to seek and read your constitution in its entirety.

The state is the central actor in any claim to the right to education: it is the prime duty-bearer and the prime implementer; it is the guarantor; and it is the state´s signature vis-à-vis the international norms and standards which binds it to respect, protect and fulfil the right to education. The state must therefore be judged or challenged on its central text on the right to education, whether this be the constitution, the laws or the policies.

 The Constitution of China 1998, amended 2004

 EDUCATION

 Article 19  [Education]
(1) The state develops socialist educational undertakings and works to raise the scientific and cultural level of the whole nation.
(2) The state runs schools of various types, makes primary education compulsory and universal, develops secondary, vocational and higher education, and promotes pre-school education.
(3) The state develops educational facilities of various types in order to wipe out illiteracy and provide political, cultural, scientific, technical, and professional education for workers, peasants, state functionaries and other working people.  It encourages people to become educated through independent study.
(4) The slate encourages the collective economic organizations, state enterprises and undertakings, and other social forces to set up educational institutions of various types in accordance with the law.
(5) The state promotes the nationwide use of Putonghua. 

Article 24  [Socialist Education]
(1) The state strengthens the building of socialist spiritual civilization through spreading education in high ideals and morality, general education, and education in discipline and the legal system, and through promoting the formulation and observance of rules of conduct and common pledges by different sections of the people in urban and rural areas.
(2) The state advocates the civic virtues of love of the motherland, of the people, of labor, of science, and of socialism; it educates the people in patriotism, collectivism, internationalism, and communism and in dialectical and historical materialism; it combats capitalist, feudal, and other decadent ideas. 

Article 46 [Education]
(1) Citizens of the People's Republic of China have the duty as well as the right to receive education.
(2) The state promotes the all-round moral, intellectual, and physical development of children and young people.

GENDER

Chapter Two. The Fundamental Rights and Duties of Citizens

Article 48  [Gender Equality]
(1) Women in the People's Republic of China enjoy equal rights with men in all spheres of life, political, economic, cultural, and social, including family life.
(2) The state protects the rights and interests of women, applies the principle of equal pay for equal work for men and women alike, and trains and selects cadres from among women.

 VULNERABLE GROUPS

 Chapter Two. The Fundamental Rights and Duties of Citizens

Article 45  [Social Security]
(1) Citizens of the People's Republic of China have the right to material assistance from the state and society when they are old, ill, or disabled.  The state develops the social insurance, social relief, and medical and health services that are required to enable citizens to enjoy this right.
(2) The state and society ensure the livelihood of disabled members of the armed forces, provide pensions for the families of martyrs, and give preferential treatment to the families of military personnel.
(3) The state and society help make arrangements for the work, livelihood and education of the blind, deafmutes and other handicapped citizens. 

MINORITIES and CITIZENSHIP 

Chapter One. General Principles

Article 4  [Nationalities, Minorities, Regions, Languages]
(1) All nationalities in the People's Republic of China are equal.  The state protects the lawful rights and interests of the minority nationalities and upholds and develops the relationship of equality, unity, and mutual assistance among all of China's nationalities.  Discrimination against and oppression of any nationality are prohibited; any acts that undermine the unity of the nationalities or instigate their secession are prohibited.
The state helps the areas inhabited by minority nationalities speed up their economic and cultural development in accordance with the peculiarities and needs of the different minority nationalities.
(2) Regional autonomy is practiced in areas where people of minority nationalities live in compact communities; in these areas organs of self-government are established for the exercise of the right of autonomy.  All the national autonomous areas are inalienable parts of the People's Republic of China.
(3) The people of all nationalities have the freedom to use and develop their own spoken and written languages, and to preserve or reform their own ways and customs.

Chapter Two. The Fundamental Rights and Duties of Citizens

Article 33 [Citizenship, Equality]
(1) All persons holding the nationality of the People's Republic of China are citizens of the People's Republic of China.
(2) All citizens of the People's Republic of China are equal before the law.  Every citizen enjoys the rights and at the same time must perform the duties prescribed by the Constitution and the law.
(3) The State respects and preserves human rights. 

CULTURAL DIVERSITY

 Chapter One. General Principles

Article 20  [Science]
The state promotes the development of the natural and social sciences, disseminates scientific and technical knowledge, and commends and rewards achievements in scientific research as well as technological discoveries and inventions. 

Chapter One. General Principles

Article 22  [Culture]
(1) The state promotes the development of literature and art, the press, broadcasting, and television undertakings, publishing and distribution services, libraries, museums, cultural centers and other cultural undertakings, that serve the people and socialism, and sponsors mass cultural activities.
(2) The state protects places of scenic and historical interest, valuable cultural monuments, and treasures and other important items of China's historical and cultural heritage. 

Chapter Two.  The Fundamental Rights and Duties of Citizens

Article 47  [Research]
Citizens of the People's Republic of China have the freedom to engage in scientific research, literary and artistic creation, and other cultural pursuits.  The state encourages and assists creative endeavours conducive to the interests of the people that are made by citizens engaged in education, science, technology, literature, art, and other cultural work.

RELIGION

Chapter Two. The Fundamental Rights and Duties of Citizens

Article 36  [Religion]
(1) Citizens of the People's Republic of China enjoy freedom of religious belief.
(2) No state organ, public organization, or individual may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion.
(3) The state protects normal religious activities.  No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the state.
(4) Religious bodies and religious affairs are not subject to any foreign domination. 

PARENTS 

Chapter Two. The Fundamental Rights and Duties of Citizens

Article 49  [Marriage, Family, Parentage]
(1) Marriage, the family, and mother and child are protected by the state.
(..)
(3) Parents have the duty to rear and educate their minor children, and children who have come of age have the duty to support and assist their parents.
(4) Violation of the freedom of marriage is prohibited.  Maltreatment of old people, women, and children is prohibited.