China’s Pragmatic Approach to International Human Rights Law

 

 

 

 

 

“Pragmatic” would be one word — i wonder if at some point the author might end up on the wrong side of pragmatic. … but i presume he is employing some pragmatism here so that he doesn’t

 

This article argues that China has adopted a pragmatic approach to international human rights law in the early 21st century, characterized by three main features: (1) pragmatic experimentation in the appropriation and modification of human rights norms; (2) selective decoupling of international and domestic human rights rules; and (3) divergent enforcement in the legislative and practical responses to various human rights issue areas. Contrasting the normative approach of the United States, which closely links human rights to democracy and the rule of law, China’s pragmatic approach is defined not only by the prioritization of social and economic rights over civil and political rights, as frequently shown by its critics, but also by the flexible applications of human rights rules in its lawmaking and enforcement. This approach permits significant gaps between “law on the books” and “law in action,” as well as between domestic rules and international law.

Published April 22, 2024, in the UC Irvine Journal of International, Transnational, and Comparative Law.

Be pragmatic here

https://cccw.hku.hk/2024/04/22/chinas-pragmatic-approach-to-international-human-rights-law/