Implementation Of The International Covenant On Economic, Social And Cultual Rights In China

This paper focus on the implementation of the International Covenant on Economic, Social and Cultural Rights in China,the full text is divided into three parts:Chapter I is consisted of two sections, and it introduces the essential obligations of International Covenant on Economic, Social and Cultural Rights ("ICESCR"). Section I firstly introduces the structure and main content of ICESCR from the angles of its forms and inner logic, moreover, the section also introduces the rights and implementation mechanism in ICESCR. Section II mainly introduces the essential obligations that the contracting states shall perform. The section firstly discusses the definition of essential obligations, and then presents the contents of essential obligations. Finally, the section classifies the levels of essential obligations based on the study of that.Chapter II presents the performance of ICESCR in China. Firstly, the chapter means to point out the universal attributes and problems in performing ICESCR essential obligations by analyzing the function of legislation, justice, administration, NGO, and human rights education on economy, society and culture with macro-angle. Then, the chapter analyzes the concrete regulation of ICESCR, the general suggestions of Economic, Social and Cultural Rights Committee, the legislations and regulations in our country, the investigation and study on such rights, and the "hot spots" problems emerged in these years, from the angles of the concrete economic, social and cultural Rights.Chapter III proposes the ways and measures to improve the performance of ICESCR. The chapter firstly points out that the contracting states who intend to improve the performance of International Convention on Human Rights have to cultivate the human rights awareness. Then, the chapter analyzes the fundamental approach to protect human rights with effective system. Many domestic scholars pointed out that the most effective way to improve and protect the development of our human rights is to establish the National Human Rights Department. Finally, the chapter sum up the features and methods of our human rights protection models based on the analysis of domestic scholars'study.