This thesis compares the major human rights legislation in Europe, Austria, and China in general and focuses on human rights in civil law relationships and minority rights. The comparison will show that both, China and the western countries have a different approach to human rights, but also that western countries have to be patient and cannot expect China to change its legal system in a very short period of time and China is willing to make this changes. On the other hand it will be pointed out that China has to except cuts in its sovereignty in order to participate in international human rights protection institutions.
Table of Contents
1. Human Rights and were they emerged from
1.1. Overview
1.2. The Introduction of International Law and Human Rights in China
2. The Main Human Rights Legislation
2.1. Europe and Austria
2.1.1. Europe
2.1.2. Austria
2.2. China
2.2.1. Rights and Freedoms
2.2.2. Duties
2.2.3. Mixed Rights and Duties
3. Minority Rights
3.1. Overview
3.2. Legal Background
3.3. Equality before the Law
3.3.1. The European and Austrian Laws on Equality
3.3.2. The Chinese Laws on Equality
3.4. Language Privileges of Ethnic Minorities
3.4.1. European and Austrian Laws on Language
3.4.2. Chinese Laws on Language
3.5. Chinese Characteristics
3.5.1. Regional Autonomy
3.5.2. Special Political Privileges
3.5.3. Special Privileges concerning the One Child Policy
3.6. Conclusions
4. The Implementation of Human Rights in Civil Law Relationships
4.1. Overview
4.2. Human Rights Recognized by the General Principles of Civil Law of the People’s Republic of China
4.2.1. Property Rights
4.2.2. Personal Rights
4.3. The Implementation of Human Rights in Civil Relationships
4.3.1. The Vertical Effect of Human Rights
4.3.2. The Horizontal Effect of Human Rights
4.3.3. The Austrian Way
4.3.4. The Chinese Way
4.4. Conclusions
5. Conclusions
Objectives and Research Themes
This thesis examines and compares human rights legislation in Europe, Austria, and China, with a primary focus on civil law relationships and minority rights. The study explores the different approaches to human rights taken by Western countries and China, highlighting the legal systems, historical backgrounds, and practical applications in both regions.
- Comparative analysis of human rights legislation in China versus Europe and Austria.
- Investigation into the protection and status of minority rights in both cultural contexts.
- Examination of how human rights are implemented within civil law relationships.
- Exploration of the legal challenges and developments regarding human rights, including constitutional protections and international standards.
Excerpt from the Book
1.1. Overview
Human rights emerged from the western culture and philosophy. The basis of the philosophy that finally developed human rights, as we know them today can be traced back to the ancient Greek philosophers. According to the greek theory of natural law, every human being has certain innate rights, which shall not be infringed upon.
But not only in the western culture and tradition one can find an early philosophical basis. All major cultures want to safeguard human life, dignity, freedom and property. This fact does not mean that human rights can be traced back to the traditional main elements of every philosophical school or religion; this is the case with traditional Chinese philosophy and religion. An example for this worldwide common basis is the Golden Rule. Every religion and many philosophical schools of thought established this rule:
(1) Hinduism: ‘Do naught to others which, if done to thee, would cause thee pain: this is the sum of duty.’
(2) Judaism: ‘What is hateful to you; do not to your fellow man. That is the entire law; all the rest is commentary.’
(3) Christianity: ‘Do unto others as you would have them do unto you.’
(4) Islam: ‘No one of you is a believer until he desires for his brother that which he desires for himself.’
(5) Buddhism: ‘Hurt not others in ways that you yourself would find hurtful.’
(6) Taoism: ‘The sage has no interest of his own, but regards the interest of the people as his own. He is kind to the kind; he is also kind to the unkind: for virtue is kind.’
Summary of Chapters
1. Human Rights and were they emerged from: Discusses the philosophical origins of human rights in Western culture and their parallels in other major religions and philosophies, tracing their development through the Enlightenment.
2. The Main Human Rights Legislation: Provides an overview of human rights legal frameworks in Europe, Austria, and China, including constitutional provisions and recent government action plans.
3. Minority Rights: Examines the legal protections and special privileges granted to ethnic minorities in China and Europe, comparing regional approaches to equality and language rights.
4. The Implementation of Human Rights in Civil Law Relationships: Explores how human rights are integrated into civil law in China and Austria, analyzing vertical and horizontal effects and specific property and personal rights.
5. Conclusions: Summarizes the key findings regarding the developmental trajectory of Chinese human rights, the limitations of current protection mechanisms, and the potential for future progress in international cooperation.
Keywords
Human Rights, China, Europe, Austria, Civil Rights, Minority Rights, Constitution, Rule of Law, Legislation, International Law, Equality, Freedom, Legal System, Human Rights Protection, Social Rights
Frequently Asked Questions
What is the core objective of this work?
The thesis aims to compare the legislative frameworks and practical implementation of human rights in China, Europe, and Austria, specifically focusing on how these rights are applied within civil law relationships and for minority protection.
What are the central thematic areas?
The key themes include the philosophical origins of human rights, the comparison of regional legislation, the legal protection of ethnic minorities, and the implementation of human rights in civil law, particularly the contrast between vertical and horizontal effects.
What is the primary research question?
The research explores the differences between Western and Chinese legal approaches to human rights and investigates the lessons that can be drawn from comparing their respective legal systems and implementation practices.
Which methodology is used?
The work employs a comparative legal analysis, evaluating national constitutions, civil law codes, international conventions, and government action plans to identify similarities and differences in human rights governance.
What does the main body cover?
It covers the foundational history of human rights, detailed legal assessments of minority protections (including language and autonomy), and an in-depth look at how civil law systems (like the General Principles of Civil Law in China and the ABGB in Austria) incorporate these rights.
Which keywords characterize the work?
The study is characterized by terms such as Human Rights, China, Europe, Austria, Civil Rights, Minority Rights, Constitutional Law, Rule of Law, and Legal Implementation.
What is the specific focus regarding the Chinese one-child policy?
The book discusses how the one-child policy operates within the Chinese legal framework and notes that ethnic minorities are generally exempt from these restrictions, illustrating the specific approach China takes toward minority demographics.
How does the author characterize the difference between the Chinese and Austrian approach to implementing human rights in civil law?
The author argues that while Austria relies on the indirect third-party effect of human rights (often through civil code provisions like the ordre public clause), China has chosen a more explicit approach by directly integrating specific rights chapters into its General Principles of Civil Law.
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- Mag. Ludwig Hetzel (Autor:in), 2009, Human Rights in China and Europe , München, GRIN Verlag, https://www.grin.com/document/151851
