China (Includes Hong Kong, Macau, and Tibet)
Section 1. Respect for the Integrity of the Person
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law prohibits the physical abuse and mistreatment of detainees and forbids prison guards from coercing confessions, insulting prisoners’ dignity, and beating or encouraging others to beat prisoners. The law excludes evidence obtained through illegal means, including coerced confessions, in certain categories of criminal cases. There were credible reports that authorities routinely ignored prohibitions against torture, especially in politically sensitive cases.
Numerous former prisoners and detainees reported they were beaten, raped, subjected to electric shock, forced to sit on stools for hours on end, hung by the wrists, deprived of sleep, force-fed, forced to take medication against their will, and otherwise subjected to physical and psychological abuse. Although prison authorities abused ordinary prisoners, they reportedly singled out political and religious dissidents for particularly harsh treatment.
Zhang Zhan, sentenced to four years’ imprisonment in December 2020 for her activities as a citizen journalist during the COVID-19 outbreak in Wuhan, was not allowed family visits by Shanghai prison authorities. When Zhang went on a hunger strike, prison officials force-fed her, tying and chaining her arms, torso, and feet.
In August after 21 months in detention, human rights lawyer Ding Jiaxi was indicted. Ding was detained in 2019 on suspicion of “inciting subversion of state power” for participating in a meeting in Xiamen, Fujian Province, to organize civil society activities and peaceful resistance to Chinese Communist Party (CCP) rule. Ding’s wife posted on Twitter that Ding was tortured in a detention center in Beijing, including being subjected to sleep deprivation tactics such as shining a spotlight on him 24 hours per day.
On March 22, Zhang Wuzhou was sentenced to two years and nine months in prison for “obstructing official duty, provoking quarrels and stirring up trouble.” Following her arrest in June 2020, Zhang was tortured in the Qingxin District Detention Center in Qingyuan (Guangdong Province), according to her lawyer’s July 2020 account as reported by Radio Free Asia. Zhang said that detention center authorities handcuffed her, made her wear heavy foot shackles, and placed her in a cell where other inmates beat her. The Qingyuan Public Security Bureau detained Zhang on charges of “provoking quarrels and stirring up troubles” two days after she held banners at Guangzhou Baiyun Mountains to mark the anniversary of the Tiananmen massacre.
As of November human rights activist and lawyer Yu Wensheng remained in a Nanjing prison serving a four-year sentence. In April he was treated in a hospital for nerve damage from an unknown incident suffered in prison. He was convicted in June 2020 for “inciting subversion of state power” and was held incommunicado for 18 months before and after his conviction. Yu reported he was repeatedly sprayed with pepper spray and was forced into a stress position for an extended period.
As of November human rights lawyer Chang Weiping, who was reportedly tortured while in RSDL, was still in pretrial detention. Chang, known for his successful representation of HIV and AIDS discrimination cases, was detained in October 2020 after posting a video to YouTube detailing torture he suffered during a January 2020 round of RSDL.
In December 2020 Niu Tengyu was sentenced to a 14-year jail term by the Maonan District People’s Court in Guangdong for “picking quarrels and stirring up trouble,” “violating others’ privacy,” and “running an illegal business” in a case that has been linked to the leak of the personal information of President Xi’s daughter. According to RFA, Niu’s lawyers alleged that prior to the trial, Niu was stripped, suspended from the ceiling, and his genitals burned with a lighter. They also alleged he was beaten so badly that he lost use of his right hand.
Members of the minority Uyghur ethnic group reported systematic torture and other degrading treatment by law enforcement officers and officials working within the penal system and the internment camps. Survivors stated that authorities subjected individuals in custody to electric shock, waterboarding, beatings, rape, forced sterilization, forced prostitution, stress positions, forced administration of unknown medication, and cold cells (see section 6, Systemic Racial or Ethnic Violence and Discrimination). In an October report on CNN, a former PRC police detective now living in Europe who had multiple tours of duty in Xinjiang confirmed many of these specific allegations in what he described as a systematic campaign of torture.
In March, Newlines Institute for Strategy and Policy released a comprehensive assessment of the PRC’s actions in Xinjiang to examine “whether China bears State responsibility for breaches of Article II of the Genocide Convention, in particular, whether China is committing genocide against the Uyghurs as defined by Article II of the Convention.” The report included contributions of more than 30 scholars and researchers and found that the PRC has implemented a campaign designed to eliminate Uyghurs, in whole or in part. The report stated, “[h]igh-level officials gave orders to ‘round up everyone who should be rounded up,’ ‘wipe them out completely,’ ‘break their lineage, break their roots, break their connections and break their origins.’” The report noted the PRC has also pursued a “dual systematic campaign of forcibly sterilizing Uyghur women of childbearing age and interning Uyghur men of child-bearing years, preventing the regenerative capacity of the group.”
In June, Amnesty International released a report that documented the accounts of more than 50 former detainees regarding the torture, mistreatment, and violence inflicted on them in camps in Xinjiang. The report detailed the systematic use of detainment and “re-education” centers to target Uyghurs and members of other ethnic minorities living in Xinjiang. The report concluded, “according to the evidence Amnesty International has gathered, corroborated by other reliable sources, members of the predominantly Muslim ethnic minorities in Xinjiang have been subjected to an attack meeting all the contextual elements of crimes against humanity.” Further, it elaborated on violence and detention stating, “Amnesty International believes the evidence it has collected provides a factual basis for the conclusion that the Chinese government has committed at least the following crimes against humanity: imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; torture; and persecution.”
The treatment and abuse of detainees under the liuzhi detention system, which operates outside the judicial system as a legal tool for the government and the CCP to investigate corruption and other offenses, featured custodial treatment such as extended solitary confinement, sleep deprivation, beatings, and forced standing or sitting in uncomfortable positions for hours and sometimes days, according to press reports.
The law states psychiatric treatment and hospitalization should be “on a voluntary basis,” but the law also allows authorities and family members to commit persons to psychiatric facilities against their will and fails to provide meaningful legal protections for persons sent to psychiatric facilities. The law does not provide for the right to a lawyer and restricts a person’s right to communicate with those outside the psychiatric institution.
Official media reported the Ministry of Public Security directly administered 23 psychiatric hospitals for the criminally insane. While many of those committed to mental health facilities were convicted of murder and other violent crimes, there were also reports of activists, religious or spiritual adherents, and petitioners involuntarily subjected to psychiatric treatment for political reasons. Public security officials may commit individuals to psychiatric facilities and force treatment for “conditions” that have no basis in psychiatry.
Impunity was a significant problem in the security forces, including the Ministry of Public Security, the Ministry of State Security, and the Ministry of Justice, which manages the prison system.
Prison and Detention Center Conditions
Conditions in penal institutions for both political prisoners and criminal offenders were generally harsh and often life threatening or degrading.
Physical Conditions: Authorities regularly held prisoners and detainees in overcrowded conditions with poor sanitation. Food often was inadequate and of poor quality, and many detainees relied on supplemental food, medicines, and warm clothing provided by relatives when allowed to receive them. Prisoners often reported sleeping on the floor because there were no beds or bedding. In many cases provisions for sanitation, ventilation, heating, lighting, and access to potable water were inadequate.
The lack of adequate, timely medical care for prisoners remained a serious problem, despite official assurances prisoners have the right to prompt medical treatment. Prison authorities at times withheld medical treatment from political prisoners. Multiple NGOs and news agencies reported detainees at “re-education” centers or long-term extrajudicial detention centers became seriously ill or died.
Political prisoners were sometimes held with the general prison population and reported being beaten by other prisoners at the instigation of guards. Some reported being held in the same cells as death row inmates. In some cases authorities did not allow dissidents to receive supplemental food, medicine, and warm clothing from relatives.
Conditions in administrative detention facilities were similar to those in prisons. Deaths from beatings occurred in administrative detention facilities. Detainees reported beatings, sexual assaults, lack of proper food, and limited or no access to medical care.
In Xinjiang authorities expanded internment camps for Uyghurs, ethnic Kazakhs, and other Muslims. Buzzfeed reported in July that the map of detention centers “neatly fits the geography of counties and prefectures across Xinjiang, with a camp and detention center in most counties and a prison or two per prefecture.” The report estimated that the government had built enough detention space to hold up to 1.01 million individuals. The Australian Strategic Policy Institute’s Xinjiang Data Project satellite analysis indicated that Xinjiang has 385 detention centers. In some cases authorities used repurposed schools, factories, and prisons to hold detainees. The Associated Press reported in October that authorities have closed or repurposed the makeshift detention centers found in cities, but in their place have built larger detention centers outside the cities. According to Human Rights Watch, these camps focused on “military-style discipline and pervasive political indoctrination of the detainees.” Detainees reported pervasive physical abuse and torture in the camps and overcrowded and unsanitary conditions.
In July the Associated Press estimated one detention center in Dabancheng, Xinjiang could hold 10,000 persons. Associated Press reported that during a tour of the facility it observed detainees “in uniform rows with their legs crossed in lotus position and their backs ramrod straight” where they watched videos of CCP propaganda. In October, CNN interviewed a former Chinese police officer who served multiple tours in Xinjiang and was directly involved in the severe physical mistreatment and violence undertaken against Uyghurs and other ethnic minority communities. The officer stated, “We took (them) all forcibly overnight. If there were hundreds of people in one county in this area, then you had to arrest these hundreds of people.” During interrogations, police officers would “kick them, beat them (until they’re) bruised and swollen, … Until they kneel on the floor crying.” “Interrogation” methods included shackling persons to a metal or wooden “tiger chair” (rendering them immobile), sexual violence against men and women, electrocutions, and waterboarding. The source said inmates were forced to stay awake for days and denied food and water. The former police officer stated that 150,000 police officers had been recruited to participate in the province-wide “strike hard” campaign and that there were arrest quotas they had to meet. Authorities accused detainees of terror offenses, but the source said he believed “none” of the hundreds of prisoners he was involved in arresting had committed a crime.
Administration: The law states letters from a prisoner to higher authorities of the prison or to the judicial organs shall be free from examination; it was unclear to what extent the law was observed. While authorities occasionally investigated credible allegations of inhuman conditions, their results were not documented in a publicly accessible manner. Authorities denied many prisoners and detainees reasonable access to visitors and correspondence with family members. Some family members did not know the whereabouts of their relatives in custody. Authorities also prevented many prisoners and detainees from engaging in religious practices or gaining access to religious materials.
Independent Monitoring: Authorities considered information about prisons and various other types of administrative and extralegal detention facilities to be a state secret, and the government did not permit independent monitoring.
d. Arbitrary Arrest or Detention
Arbitrary arrest and detention remained systemic. The law grants public security officers broad administrative detention powers and the ability to detain individuals for extended periods without formal arrest or criminal charges. Lawyers, human rights activists, journalists, religious leaders and adherents, and former political prisoners and their family members continued to be targeted for arbitrary detention or arrest. (See section 1.b., Disappearance, for a description of RSDL and liuzhi.)
The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, but the government generally did not observe this requirement.
There were allegations of detainee abuse and torture in the official detention system, known as liuzhi, of the National Supervisory Commission-Central Commission for Discipline Inspection (NSC-CCDI; see section 4). Liuzhi detainees are held incommunicado and have no recourse to appeal their detention. While detainee abuse is proscribed by the law, the mechanism for detainees to report abuse was unclear.
On March 14, Li Qiaochu was arrested for her human rights advocacy and involvement with fellow activists involved in the nationwide crackdown of lawyers and activists who participated in 2019 meetings in Xiamen, Fujian. Her first visit with her lawyer was on August 27, who reported that her mental health had deteriorated. At year’s end she was still detained in Shandong Province on suspicion of “subverting state power.”
On October 1, more than 170 Uyghurs in Hotan, Xinjiang, were detained by the National Security Agency of Hotan on the country’s national day, according to Radio Free Asia. They were accused of displaying feelings of resistance to the country during flag-raising activities. Among those detained were at least 40 women and 19 minors.
On September 19, journalist Sophia Huang and activist Wang Jianbing were detained in Guangzhou, according to the rights group Weiquanwang (Rights Protection Network). Huang had planned to leave China via Hong Kong on September 20 for the United Kingdom, where she intended to pursue graduate studies. Media reported that both were being held incommunicado under RSDL on suspicion of “incitement to subvert state power.” As of year’s end they remained detained in Guangzhou, and no one was allowed to see the pair.
In September, PRC authorities released Canadian citizens Michael Kovrig and Michael Spavor from detention in China and allowed them to return to Canada, shortly following the release by Canadian authorities of Huawei Technologies executive Meng Wanzhou. Kovrig and Spavor had been detained since December 2018, after the arrest in Canada of Meng. For months the two Canadian citizens were held in RSDL before being charged with a crime and were denied access to lawyers and consular services. Another Canadian, Robert Schellenberg, remained in detention as his sentence was reviewed. After Meng’s arrest, Schellenberg’s sentence for drug-smuggling crimes was increased from 15 years’ imprisonment to a death sentence.
There were no statistics available for the number of individuals in the liuzhi detention system nationwide. Several provinces, however, publicized these numbers, including Heilongjiang with 376 and Jilin with 275 detained, both in 2020. One provincial official heading the liuzhi detention system stated suspects averaged 42.5 days in detention before being transferred into the criminal justice system.
Arrest Procedures and Treatment of Detainees
Criminal detention beyond 37 days requires approval of a formal arrest by the procuratorate, but in cases pertaining to “national security, terrorism, and major bribery,” the law permits up to six months of incommunicado detention without formal arrest. After formally arresting a suspect, public security authorities are authorized to detain a suspect for up to an additional seven months while the case is investigated.
After the completion of an investigation, the procuratorate may detain a suspect an additional 45 days while determining whether to file criminal charges. If charges are filed, authorities may detain a suspect for an additional 45 days before beginning judicial proceedings. Public security officials sometimes detained persons beyond the period allowed by law, and pretrial detention periods of a year or longer were common.
The law stipulates detainees be allowed to meet with defense counsel before criminal charges are filed, although lengthy detention without access to lawyers before charges were filed were common. The criminal procedure law requires a court to provide a lawyer to a defendant who has not already retained one; is blind, deaf, mute, or mentally ill; is a minor; or faces a life sentence or the death penalty. This law applies whether or not the defendant is indigent. Courts may also provide lawyers to other criminal defendants who cannot afford them, although courts often did not do so. Lawyers reported significant difficulties meeting their clients in detention centers, especially in cases considered politically sensitive. According to the South China Morning Post, a new legal aid law introduced in August that will enter into force in 2022 stipulates that legal consultation, the drafting of legal documents, representation in cases, labor arbitration and mediation will be paid for by legal aid centers set up central and local government.
Criminal defendants are entitled to apply for bail (also translated as “a guarantor pending trial”) while awaiting trial, but the system did not operate effectively, and authorities released few suspects on bail.
The law requires notification of family members within 24 hours of detention, but authorities often held individuals without providing such notification for significantly longer periods, especially in politically sensitive cases. In some cases notification did not occur. Under a sweeping exception, officials are not required to provide notification if doing so would “hinder the investigation” of a case. The criminal procedure law limits this exception to cases involving state security or terrorism, but public security officials have broad discretion to interpret these provisions.
Under certain circumstances the law allows for residential surveillance in the detainee’s home, rather than detention in a formal facility. With the approval of the next-higher-level authorities, officials also may place a suspect under “residential surveillance at a designated location” for up to six months when they suspect crimes of endangering state security, terrorism, or serious bribery and believe surveillance at the suspect’s home would impede the investigation. Authorities may also prevent defense lawyers from meeting with suspects in these categories of cases. Human rights organizations and detainees reported the practice of residential surveillance at a designated location left detainees at a high risk for torture, since being neither at home nor in a monitored detention facility reduced opportunities for oversight of detainee treatment and mechanisms for appeal.
Authorities used administrative detention to intimidate political and religious advocates and to prevent public demonstrations. Forms of administrative detention included compulsory drug rehabilitation treatment (for drug users), “custody and training” (for minor criminal offenders), and “legal education” centers for political activists and religious adherents, particularly Falun Gong practitioners. The maximum stay in compulsory drug rehabilitation centers is two years, including commonly a six-month stay in a detoxification center. The government maintained similar rehabilitation centers for those charged with prostitution or with soliciting prostitution.
Arbitrary Arrest: Authorities detained or arrested persons on allegations of revealing state secrets, subversion, and other crimes as a means to suppress political dissent and public advocacy. These charges, as well as what constitutes a state secret, remained poorly defined and any piece of information could be retroactively designated a state secret. Authorities also used the vaguely worded charges of “picking quarrels and provoking trouble” broadly against many civil rights advocates. It was unclear what this term means. Authorities also detained citizens and foreigners under broad and ambiguous state secret laws for, among other actions, disclosing information on criminal trials, commercial activity, and government activity. A counterespionage law grants authorities the power to require individuals and organizations to cease any activities deemed a threat to national security. Failure to comply could result in seizure of property and assets.
There were multiple reports authorities arrested or detained lawyers, religious leaders or adherents, petitioners, and other rights advocates for lengthy periods, only to have the charges later dismissed for lack of evidence. Authorities subjected many of these citizens to extralegal house arrest, denial of travel rights, or administrative detention in different types of extralegal detention facilities, including “black jails.” In some cases public security officials put pressure on schools not to allow the children of prominent political detainees to enroll. Conditions faced by those under house arrest varied but sometimes included isolation in their homes under guard by security agents. Security officials were frequently stationed inside the homes. Authorities placed many citizens under house arrest during sensitive times, such as during the visits of senior foreign government officials, annual plenary sessions of the National People’s Congress (NPC) and the Chinese People’s Political Consultative Conference, the anniversary of the Tiananmen massacre, and sensitive anniversaries in Tibetan areas and Xinjiang. Security agents took some of those not placed under house arrest to remote areas on so-called vacations.
In March activist Chen Jianfang, detained in Shanghai since 2019, was tried for “inciting subversion of state power.” A verdict was not announced following the trial, and Chen remained in detention. After Chen fired her court-appointed lawyer, she was not allowed to meet with a replacement lawyer.
In May, Wang Aizhong, a leader of the “Southern Street Movement” which advocates for the freedom of political expression, was detained by Guangzhou police under suspicion of “picking quarrels and provoking trouble,” and then formally arrested in July. According to the NGO Chinese Human Rights Defenders, authorities told Wang’s wife he was arrested for his social media posts and for giving foreign media interviews.
On June 4, Gao Heng was arrested by Guangzhou police for posting on social media a picture of himself holding a sign commemorating the anniversary of the Tiananmen massacre. Gao last met with a lawyer in prison in July pending his trial. No details of what he has been charged with or his current status have been publicly released.
Pretrial Detention: Pretrial detention could last longer than one year. Defendants in “sensitive cases” reported being subjected to prolonged pretrial detention. From 2015 to 2018, authorities held many of the “709” detainees (referring to the government crackdown on human rights lawyers that began on July 9, 2015) and their defense attorneys in pretrial detention for more than a year without access to their families or their lawyers. Statistics were not published or made publicly available, but lengthy pretrial detentions were especially common in cases of political prisoners.
At year’s end Beijing-based lawyer Li Yuhan, who defended human rights lawyers during the “709” crackdown, remained in detention at the Shenyang Detention Center; she has been held since 2017 and charged with “picking quarrels and provoking trouble.” On July 12, Li met with her lawyer who reported that Li was urged to confess to her “crimes”; she refused. On October 21, her case went to trial, but no verdict was rendered. Due to Li’s poor health, her attorney submitted multiple requests to Shenyang authorities to release Li on medical parole, but the request was repeatedly denied.
As of September 8, the Ganjingzi District Court in Dalian City had not tried Ren Haifei, a Falun Gong practitioner held without trial and without charges since June 2020. Ren was arrested without a warrant, hospitalized for severe injuries suffered after his initial arrest, and remanded to the Dalian Yaojia detention center after release from the hospital where he has remained. Ren Haifei was previously incarcerated from 2001 to 2008 for his Falun Gong beliefs and for participating in peaceful protests related to the government’s treatment of other Falun Gong practitioners. Ren’s trial was first scheduled for July; however, authorities postponed the trial, citing COVID-19 concerns.
Section 6. Discrimination and Societal Abuses
Rape and Domestic Violence: Rape of women is illegal and carries a sentence that ranges from three years in prison to death. The law does not safeguard same-sex couples or survivors of marital rape. A separate law on sexual assault includes male victims but has a lesser maximum penalty of five years in prison. Of the reported cases, most allegations of rape were closed through private settlement rather than prosecution. Some persons convicted of rape were executed.
Domestic violence remained a significant problem. Some scholars said victims were encouraged to attempt to resolve domestic violence through mediation. Societal sentiment that domestic violence was a personal, private matter contributed to underreporting and inaction by authorities when women faced violence at home. The law defines domestic violence as a civil, rather than a criminal, offense. The web publication Sixth Tone reported in 2019 that 25 percent of families had experienced domestic violence.
The government supported shelters for survivors of domestic violence, and some courts provided protections to survivors, including through court protective orders prohibiting a perpetrator of domestic violence from coming near to a survivor. Nonetheless, official assistance did not always reach survivors, and public security forces often ignored domestic violence. Legal aid institutions working to provide counseling and defense to survivors of domestic violence were often pressured to suspend public activities and cease all forms of policy advocacy, an area that was reserved only for government-sponsored organizations.
According to women’s rights activists, a recurring problem in the prosecution of domestic violence cases was a failure by authorities to collect evidence, including photographs, hospital records, police records, or children’s testimony. Witnesses seldom testified in court.
On November 2, professional tennis player Peng Shuai in a since-deleted post on Weibo accused former Politburo Standing Committee member and vice premier Zhang Gaoli of sexually assaulting her in 2018. Peng said she and Zhang previously had an extramarital relationship and that she went to Zhang’s house “about three years ago” at his invitation to play tennis with him and his wife, when he sexually assaulted her. International media said this was the first such public accusation against a senior CCP official. Peng disappeared from public view following her post, and her social media accounts were blocked. Her disappearance sparked an international outcry, and a subsequent series of public sightings were criticized as staged propaganda intended to defuse international criticism.
Courts’ recognition of domestic violence improved, making spousal abuse a mitigating factor in crimes committed in self-defense.
Sexual Harassment: The law prohibits sexual harassment against women. The law defines behaviors included in the definition of harassment, eliminates the statute of limitations of minors seeking to sue on sexual harassment grounds, and requires employers to make affirmative efforts to prevent and address sexual harassment in the workplace. It remained difficult for victims to file a sexual harassment complaint and for judges to reach a ruling on such cases. Human Rights Watch cited one statistic showing nearly 40 percent of women said they experienced sexual harassment in the workplace. Many women, however, remained unwilling to report incidents of sexual harassment, believing the justice system was ineffectual, according to official media. Several prominent media reports of sexual harassment were widely shared on social media, helping to raise awareness of the problem, particularly in the workplace.
In August a female employee of Hangzhou-based Alibaba wrote she had been sexually assaulted by her manager and a client and that Alibaba had not initially taken the matter seriously. Alibaba subsequently fired the accused manager, and two other senior employees resigned for not properly handling the allegations. The criminal case against the accused manager was ultimately dropped by prosecutors who said the “forcible indecency” committed by the man was not a crime.
On September 14, the Haidian District Court in Beijing ruled against plaintiff Zhou Xiaoxuan (also known as Xianzi) in a high-profile sexual harassment case, stating there was insufficient evidence to support her claims that China Central Television personality Zhu Jun had groped and forcibly kissed her in 2014 when she was an intern working for him.
The law allows victims to file a sexual harassment complaint with their employer, authorities, or both. Employers who failed to take effective measures to prevent sexual harassment could be fined.
Some women’s NGOs that sought to increase public awareness of sexual harassment reported harassment by public security and faced challenges implementing their programs.
Reproductive Rights: Through law and policy the CCP and government limit the rights of parents to choose the number of children they have. The law restricts most married couples to three children (increased from two in May) and allows couples to apply for permission to have a fourth child if they meet local and provincial requirements. In August the NPC formally passed the law raising the number of children permitted, including several provisions aimed at boosting the birth rate and “reducing the burden” of raising children. These provisions included abolishing the “social maintenance fee” that was a fine for having children beyond the previous limit, encouraging local governments to offer parental leave, and increasing women’s employment rights.
Enforcement of population control policy relied on social pressure, education, propaganda, and economic penalties, as well as on measures such as mandatory pregnancy examinations, contraception and, less frequently, forced sterilizations and, in some provinces, coerced abortions. Penalties for exceeding the permitted number of children were not enforced uniformly and varied by province. The law as implemented requires each woman with an unauthorized pregnancy to abort or to pay a social compensation fee, which can reach 10 times a person’s annual disposable income. Those with the financial means often paid the fee to ensure their children born in violation of the birth restrictions would have access to a wide array of government-provided social services and rights. Some avoided the fee by hiding such children with friends or relatives. The law only mentions the rights of married couples, which means unmarried women are not authorized to have children. They consequently have social compensation fees imposed on them if they give birth “outside of the policy,” and they could be subject to the denial of legal documents such as birth documents and the hukou residence permit, although local governments rarely enforced these regulations.
While authorities have liberalized population control measures for members of the Han majority since 2016, birth control policies directed toward Uyghurs became more stringent. Ethnic and religious minority women were often subject to coercive population control measures. Government targeting of ethnic and religious minorities in Xinjiang with intensified coercive family-planning measures resulted in plummeting birth rates since 2018. Most Xinjiang prefectures reported large increases in sterilizations and implantation of intrauterine devices (IUD), with Hotan Prefecture alone more than doubling its female sterilization numbers from 2017 to 2018. There were widespread reports of coercive population control measures – including forced abortions, forced sterilizations, involuntary IUD insertions, and pregnancy checks – occurring at detention centers in the region and targeting minority groups, primarily Uyghurs and ethnic Kazaks. Parents judged to have exceeded the government limit on the number of children (three or more) risked being sent to detention centers unless they paid exorbitant fines. In a January post later removed by Twitter, the PRC Embassy in the United States claimed, “Study shows that in the process of eradicating extremism, the minds of Uygur women in Xinjiang were emancipated and gender equality and reproductive health were promoted, making them no longer baby-making machines. They are more confident and independent.”
Since national family planning law mentions only the rights of married couples, local implementation was inconsistent, and unmarried persons were required to pay for contraception.
Sexual and reproductive health services including emergency contraception were available for survivors of sexual violence at public hospitals.
Discrimination: The constitution states “women enjoy equal rights with men in all spheres of life.” The law provides for equality in ownership of property, inheritance rights, access to education, and equal pay for equal work. Nonetheless, women reported that discrimination, unfair dismissal, demotion, and wage discrepancies were significant problems.
On average women earned 35 percent less than men who did similar work. This wage gap was greater in rural areas. Women were underrepresented in leadership positions, despite their high rate of participation in the labor force.
Authorities often did not enforce laws protecting the rights of women. According to legal experts, it was difficult to litigate sex discrimination suits because of vague legal definitions. Some observers noted the agencies tasked with protecting women’s rights tended to focus on maternity-related benefits and wrongful termination due to pregnancy or maternity leave rather than on sex discrimination, violence against women, or sexual harassment.
Women’s rights advocates indicated that in rural areas women often forfeited land and property rights to their husbands in divorce proceedings. The civil code includes a provision for a 30-day “cooling off” period in cases of uncontested divorce; some citizens expressed concern this leaves those seeking escape from domestic violence susceptible to further abuse. Rural contract law and laws protecting women’s rights stipulate women enjoy equal rights in cases of land management, but experts asserted this was rarely the case due to the complexity of the law and difficulties in its implementation.
Gender-biased Sex Selection: The most recent information from the State Council Information Office stated the boy-girl birth ratio had dropped from 113.5 in 2015 to 110.1 boys per 100 girls in 2019.
Nonmedical fetal sex diagnosis and aborting a pregnancy based on gender selection are illegal. Private and unregistered clinics, however, provided these services. Provincial health commissions made efforts to crack down on sex-selective abortions.
Birth Registration: Citizenship is derived from parents. Parents must register their children in compliance with the national household registration system within one month of birth. Children born outside policy quotas or to single women often cannot be registered or receive other legal documents such as the hukou residence permit. Unregistered children could not access public services, including education, health care, identity registration, or pension benefits.
Education: Although the law provides for nine years of compulsory education for children, many children in poor rural areas did not attend school for the required period, and some never attended. Public schools were not allowed to charge tuition, but many schools continued to charge miscellaneous fees because they received insufficient local and central government funding. Such fees and other school-related expenses made it difficult for poorer families and some migrant workers to send their children to school. The gap in education quality for rural and urban youth remained extensive, with many children of migrant workers attending unlicensed and poorly equipped schools.
The law states “schools (classes and grades) and other institutions of education where most of the students come from minority nationalities shall, whenever possible, use textbooks in their own languages and use their languages as the medium of instruction.” Despite provisions to ensure cultural and linguistic rights, measures requiring full instruction in Mandarin beginning in preschool and banning the use of Uyghur in all educational activities and management were implemented throughout Xinjiang, according to international media.
Government authorities in Inner Mongolia required instructors to use Mandarin to teach history and politics instead of the Mongolian language and traditional Mongolian script, which are viewed as a key part of Mongolian culture. The PRC implemented similar policies in Xinjiang, Tibet, and other provinces to encourage a “national common language,” but which observers viewed as a means to erode unique languages and cultures.
Child Abuse: The physical abuse of children is grounds for criminal prosecution, and the law protects children. Sexual abuse of minors, particularly of rural children, was a significant problem.
Child, Early, and Forced Marriage: The legal minimum age for marriage is 22 for men and 20 for women. Child marriage was not known to be a problem.
Sexual Exploitation of Children: The minimum legal age for consensual sex is 14. Persons who forced girls younger than 14 into commercial sex could be sentenced to 10 years to life in prison in addition to a fine or confiscation of property. In especially serious cases, violators could receive a life sentence or a death sentence, in addition to having their property confiscated. Those who paid for commercial sex with girls younger than 14 were subject to five years or more in prison in addition to paying a fine.
Pornography of any kind, including child pornography, is illegal. Under the criminal code, those producing, reproducing, publishing, selling, or disseminating obscene materials with the purpose of making a profit could be sentenced to up to three years in prison or put under criminal detention or surveillance in addition to paying a fine. Offenders in serious cases could receive prison sentences of three to 10 years in addition to paying a fine.
According to the law, persons broadcasting or showing obscene materials to minors younger than 18 are to be “severely punished.”
Infanticide or Infanticide of Children with Disabilities: The law forbids infanticide, although NGOs reported that female infanticide due to a traditional preference for sons and coercive birth limitation policies continued. Parents of children with disabilities frequently left infants at hospitals, primarily because of the anticipated cost of medical care. Gender-biased abortions and the abandonment and neglect of baby girls were believed to be in decline but continued to be a problem in some circumstances.
Displaced Children: The detention of an estimated one million or more Uyghurs, ethnic Kazakhs, Kyrgyz, and other Muslims in Xinjiang left many children without caregivers. While many of these children had relatives willing to care for them, the government placed the children of detainees in orphanages, state-run boarding schools, or “child welfare guidance centers,” where they were forcibly indoctrinated with CCP ideology and forced to learn Mandarin Chinese, reject their religious and cultural beliefs, and answer questions regarding their parents’ religious beliefs and practices.
In October 2020 a study on parent-child separation in Yarkand County, Kashgar Prefecture, analyzed data from government spreadsheets not previously available. According to the study, government statistics showed that between 2017 and 2019, the number of boarding students in primary and middle schools (grades one to nine) increased from 497,800 to 880,500. Children in these schools studied ethnic Han culture, Mandarin, and CCP ideology. Government policy aimed to provide such children with state-sponsored care until they reach age 18. In Hotan some boarding schools were topped with barbed wire.
Institutionalized Children: See “Displaced Children” section above.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at .
Persons with Disabilities
The law protects the rights of persons with disabilities and prohibits discrimination, but in many instances conditions for such persons lagged behind legal requirements, and the government failed to provide persons with disabilities with access to programs intended to assist them.
According to the law, persons with disabilities “are entitled to enjoyment of equal rights as other citizens in political, economic, cultural, and social fields, in family life, and in other aspects.” Discrimination against, insult of, and infringement upon persons with disabilities is prohibited. The law prohibits discrimination against minors with disabilities and codifies a variety of judicial protections for juveniles.
The Ministry of Education reported there were more than 2,000 separate schools for children with disabilities, but NGOs reported only 2 percent of the 20 million children with disabilities had access to education that met their needs.
Individuals with disabilities faced difficulties accessing higher education. Universities often excluded candidates with disabilities who would otherwise be qualified. A regulation mandates accommodations for students with disabilities when taking the national university entrance exam.
Unemployment among adults with disabilities, in part due to discrimination, remained a serious problem. The law requires local governments to offer incentives to enterprises that hire persons with disabilities. Regulations in some parts of the country also require employers to pay into a national fund for persons with disabilities when employees with disabilities do not make up a statutory minimum percentage of the total workforce.
The law sets standards for making roads and buildings accessible to persons with disabilities; compliance was limited.
The law forbids marriage for persons with certain mental disabilities, such as schizophrenia. If doctors find a couple is at risk of transmitting congenital disabilities to their children, the couple may marry only if they agree to use birth control or undergo sterilization. In some instances officials continued to require couples to abort pregnancies when doctors discovered possible disabilities during prenatal examinations. The law stipulates local governments are to employ such practices to eliminate the births of children with disabilities.