A/HRC/45/14/Add.1
Congress and its Standing Committee. Once this has occurred, action can then be taken at
the level of administrative regulations enacted by the State Council. Finally, local
regulations may be enacted by local People’s Congresses with legislative power.13
19.
In 1996, the Standing Committee of the Eighth National People’s Congress adopted
the Law on the Protection of the Rights and Interests of Older Persons, which was further
amended in 2009, 2012, 2015 and 2018. The Law has 9 chapters and 85 articles to further
clarify the rights and interests of older persons and relevant legal responsibilities in terms of
family support and care, social security, social services, social preferential treatment, a
liveable environment and participation in social development. 14 The law transposes and
concretizes the protection of fundamental rights specifically formulated for older persons in
the Constitution.15
20.
Since 2012, China promulgated a number of policy documents of specific relevance
to older persons. This includes the thirteenth Five-Year Plan for the Development of
Ageing-Related Work and the Construction of Pension Service System, the thirteenth FiveYear Plan for Healthy Ageing and the Opinions of the General Office of the State Council
on Promoting the Development of the Pension Service System. 16
21.
Moreover, the 31 provinces, autonomous regions and municipalities directly under
the central government in China have all formulated regulations on the protection of the
rights and interests of older persons and/or have taken measures for the implementation of
the Law on the Protection of the Rights and Interests of Older Persons. Local laws and
regulations are mainly designed by local governments in line with their actual conditions, to
conform to local characteristics and to be more specific and easier to operate. 17
22.
China established the National Commission on Ageing as a deliberation and
coordination body on ageing issues in 1999, with a mandate to coordinate and promote
ageing-related work across the country. The Office of National Commission on Ageing was
set up to undertake the daily work of the National Commission on Ageing. In 2019, the
Central Committee of the Communist Party of China (the Political Bureau of the Party) and
the State Council issued a national medium- and long-term plan for actively responding to
population ageing, which clarified the strategic target and deployed specific tasks on
actively responding to population ageing.18
23.
China has not yet established an independent national human rights institution in
accordance with the principles relating to the status of national institutions for the
promotion and protection of human rights (the Paris Principles). 19
IV. Independent Expert’s main findings
A.
Discrimination
24.
While China does not have a comprehensive anti-discrimination law that protects all
marginalized and disadvantaged individuals and groups in the enjoyment of their rights, 20
the Law on the Protection of the Rights and Interests of Older Persons stipulates that
discrimination, humiliation, maltreatment or abandonment of older persons is prohibited.
25.
Further, under section III of the National Human Rights Action Plan (2016–2020),
China guarantees expressis verbis the protection of the rights and interests of specific
groups, including ethnic minorities, women, children, older persons and persons with
13
14
15
16
17
18
19
20
6
Ibid.
Ibid.
Ibid.
A/HRC/WG.6/31/CHN/1, para. 64.
Government submission on the protection of rights and interests of older persons in China, p. 4.
Ibid., p. 3.
CEDAW/C/CHN/CO/7-8, para. 16; CRC/C/OPAC/CHN/CO/1, para. 8.
E/C.12/CHN/CO/2, para. 14.
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