A/HRC/45/14/Add.1
prostitution and child pornography; and the Optional Protocol to the Convention on the
Rights of Persons with Disabilities.
13.
The State is a party to the Convention on the Prevention and Punishment of the
Crime of Genocide, the 1951 Convention relating to the Status of Refugees and its 1967
Protocol, and the 1954 Convention relating to the status of Stateless Persons. It has not
acceded to the 1961 Convention on the Reduction of Statelessness and the Rome Statute of
the International Criminal Court.
14.
China is a party to four out of eight fundamental International Labour Organization
(ILO) conventions, including the Equal Remuneration Convention, 1951 (No. 100); the
Discrimination (Employment and Occupation) Convention, 1958 (No. 111); the Minimum
Age Convention, 1973 (No. 138); and the Worst Forms of Child Labour Convention, 1999
(No. 182). It has also ratified a number of other ILO conventions and submitted
recommendations relevant to older persons to the competent authorities, including the
Labour Administration Convention, 1978 (No. 150); the Vocational Rehabilitation and
Employment (Disabled Persons) Convention, 1983 (No. 159); the Social Protection Floors
Recommendation, 2012 (No. 202); the Transition from the Informal to the Formal
Economy Recommendation, 2015 (No. 204); the Employment and Decent Work for Peace
and Resilience Recommendation, 2017 (No. 205); the Nursing Personnel Recommendation,
1977 (No. 157); the Labour Relations (Public Service) Recommendation, 1978 (No. 159);
and the Labour Statistics Recommendation, 1985 (No. 170).
15.
China has not ratified the Forced Labour Convention, 1930 (No. 29); the Freedom of
Association and Protection of the Right to Organise Convention, 1948 (No. 87); the Right
to Organise and Collective Bargaining Convention, 1949 (No. 98); and the Abolition of
Forced Labour Convention, 1957 (No. 105). It has also not ratified a number of other ILO
instruments relevant to older persons, including the Domestic Workers Convention, 2011
(No. 189); the Labour Inspection Convention, 1947 (No. 81) and its Protocol of 1995; the
Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143); the Indigenous
and Tribal Peoples Convention, 1989 (No. 169); the Social Security (Minimum Standards)
Convention, 1952 (No. 102); the Invalidity, Old-Age and Survivors’ Benefits Convention,
1967 (No. 128); the Medical Care and Sickness Benefits Convention, 1969 (No. 130); the
Paid Educational Leave Convention, 1974 (No. 140); the Rural Workers’ Organisations
Convention, 1975 (No. 141); the Nursing Personnel Convention, 1977 (No. 149); the
Maintenance of Social Security Rights Convention, 1982 (No. 157); the Labour Statistics
Convention, 1985 (No. 160); the Employment Promotion and Protection against
Unemployment Convention, 1988 (No. 168); the Protection of Workers’ Claims
(Employer’s Insolvency) Convention, 1992 (No. 173); the Violence and Harassment
Convention, 2019 (No. 190); and the Violence and Harassment Recommendation, 2019
(No. 206).
16.
In 2004, China amended the Constitution to provide that the State respects and
protects human rights (art. 33). Chapter 2 lists the fundamental rights and duties of citizens.
The Constitution is silent on the domestic status of treaties, including human rights treaties,
and their hierarchy in the domestic legal system. According to the Government, China
transformed the main contents of these ratified treaties, including human rights treaties, into
domestic legislation. In doing so, these treaties are applied by courts through the application
of the related domestic laws. In addition, some treaties can be directly applied by courts.
17.
Article 45 of the Constitution stipulates that citizens of China have the right to get
material assistance from the State and society when they are old. Article 49 stipulates that
grown-up children have the obligation to support and assist their parents, and that it is
prohibited to maltreat older persons.12 China has also elaborated the National Human Rights
Action Plan of China (2016–2020), which includes a section on the rights of older persons.
18.
The complex, multilevel governance spectrum mainly involves three spheres: laws,
regulations and policies. Consequentially, ageing law and policy is first determined at the
central legislative-normative level, namely through laws enacted by the National People’s
12
Government submission on the protection of rights and interests of older persons in China, p. 2.
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