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.
Inhaltsverzeichnis (Table of Contents)
- Human Rights and were they emerged from _
- Overview
- The Introduction of International Law and Human Rights in China ........
- The Main Human Rights Legislation .........
- Europe and Austria
- Europe.....
- Austria.
- China
- Rights and Freedoms.
- Duties.........
- Mixed Rights and Duties....
- Minority Rights......
- Overview.
- Legal Background
- Equality before the Law
- The European and Austrian Laws on Equality.....
- The Chinese Laws on Equality.
- Language Privileges of Ethnic Minorities
- European and Austrian Laws on Language.....
- Chinese Laws on Language.
- Chinese Characteristics
- Regional Autonomy.
- Special Political Privileges ......
- Special Privileges concerning the One Child Policy
- Conclusions
- The Implementation of Human Rights in Civil Law Relationships....
- Overview
- Human Rights Recognized by the General Principles of Civil Law of the People's Republic of China.....
- Property Rights.......
- Personal Rights ………………………
- The Implementation of Human Rights in Civil Relationships...
- The Vertical Effect of Human Rights.........
- The Horizontal Effect of Human Rights
- The Austrian Way.....
- The Chinese Way.
- Conclusions
Frequently Asked Questions
What are the main areas of human rights compared in this thesis?
The thesis compares human rights legislation in Europe, Austria, and China, with a focus on civil law relationships and minority rights.
How does the Chinese approach to human rights differ from the Western approach?
The paper suggests that while approaches differ, Western countries must be patient with China's legal evolution, while China must accept some sovereignty limits for international protection.
What minority rights are discussed in the context of China?
The analysis covers equality before the law, language privileges, regional autonomy, and special privileges regarding the One Child Policy.
What is the "horizontal effect" of human rights?
It refers to the implementation and impact of human rights within civil relationships between private individuals, as opposed to just between the state and citizens.
Which specific property and personal rights are recognized in China's civil law?
The thesis examines rights recognized by the General Principles of Civil Law of the People's Republic of China.
- Quote paper
- Mag. Ludwig Hetzel (Author), 2009, Human Rights in China and Europe , Munich, GRIN Verlag, https://www.grin.com/document/151851
