The Value And The Hierarchy Of Human Rights

Unversal Declaration of Human Rights, International Covenant on Civil and Political Rightsand International Covenant on Economic, Social and Cultural Rights constitute the system ofinternational human rights, which we called International Chapter of Human Rights.In themiddle of20th century, China promoted the common value of human rights.On December27th of1997, Chinese government signed CESCR. Then the government signed the CCPC inthe next year. But China government ratified the CESCR, but not ratified CCPR yet.Nowadays, China is preparing the litigation on ratification of CCPR. Signature means thegovernment will accept the covenant; and Ratification means the government has accepted thecovenant and now puts it into practice. Is there any difference between the value of CCPR andCESCR in present China?CCPR is on behalf of the civil and political rights, CESCR is on behalf of the economical andsocial rights. The civil and political rights origins in the western traditional of liberalism, anethe economical and social rights origins in the tradition of socialism. And the contradiction ofthe ideology in the world influences the discussion of the two kinds of rights.And the twocovenant delegate the two kins of human rights respectively. China implements the socialism,which decides his attitude towards the two covenants.The Factual Hierarchy is effectiveness of the human rights law, and the Valuable Hierarchy isthe human rights law in a special period. This Article focuses on the internal value of thehuman rights, and the hierarchy of the human rights law.ChapterⅠ c lassifies all the hierarchy which relates to the CCPR and CESCR. In ideal model,all the human rights has the same importance and the same value.Thus, there is no Hierarchyin human rights law. But in fact, there are many conflictions in the rights of differentpeople.Also, the effectiveness of the different human rights laws has hierarchy. Inconclusion,there are three kinds of hierarchy in human rights law. The first one is thehierarchy of the international law. The second one is the hierarchy between the internationallaw and the constitution. The third one is the hierarchy in the domestic law. Although therewas a long period of discussion in International Chapter of the Human Rights,the chapter provides us with a common standard of human rights.ChapterⅡ analysis the cause of such a fierce discussion on the hierarchy of the CCPR andCESCR. The focus of the discussion is the priority of the two kinds of human rights.The studyon the value of the human rights always relates to the frame of ‘civil and politicalrights-economical and social rights’.There is largely political controversy over the ranking ofthe three generations of rights.From the prospective of the history of the human rights, thedefinition of the three generations of human rights is correct. But it does not mean the priorityamong the three generation of human rights. And in China, the signature and the ratificationof the CCPR and CESCR is complicated.Chapter Ⅲcompares the system of the CCPR and CESCR, not only the substance of thehuman rights, but also the procedure. The two kinds of human rights has different essence, sohow to implement the two covenant caused a wide dispute.In the last, the two covenants adoptdifferent execution systems. But this do not mean the hierarchy of the two covenant, or thepros and cons of the two kinds of rights.Chapter Ⅳobserves the social cognition of the human rights. On the base of socialinvestigation, it associates how the constitution and two covenants reflects the socialcognition. CCPR and CESCR has many common issues, such as freedom, equality anddignity in the preface, legal remedies in the end.Also,the constitution and two covenants hasmany common issues. More importantly, These human rigts laws play different roles on thecognition of those common issues.ChapterⅤ accounts how the two covenant rebuilt the connotation of human rights from1980sin China. In1980s, the two covenants entered the mainstream of the political field. In1990s,the two covenants was widely used to describe human rights. In the announcement of UN,CCPR and CESCR have same value, and occupy the same important position. After the ColdWar, the confliction between the the East and the West converted to the competition betweenthe the North and the South. Nowadays, CCPR and CESCR are always motioned at the sametime, and putted in the same position, in China. The ratification of the CCPR is discussedheatly. Now, China emphasis the Multivariate and Tolerance of the value of human rights.