Cultural Rights In China

Cultural rights are oftentimes qualified as an immature or underdeveloped category ' of human rights.It propose that, in comparing with other categories of human rights, namely,economic,civil, political and social, cultural rights are the undeveloped or least developed as far as their legal content, scope and enforceability are involved. An accompanying concern is that cultural rights includes the individual rights of the cultural group’s associate, particularly those most assailable, such as women and children. Such critique have power where cultural rights are declared or acknowledged in the repute of conserving cultural identity. Nonetheless, cultural rights also have been developed as human rights on the assumption of “liberal principles”

The Confucian perspective of woman is distinctly stated:

“The female was inferior by nature, she was dark as the moon and changeable as water, jealous, narrow-minded and insinuating. She was indiscreet, unintelligent, and dominated by emotion. Her beauty was a snare for the unwary male, the ruination of states”(Guisso, 1981). In Chinese culture, girls mostly marry into the husband 's family, depart from their home, and concentrate on the well-being of their husband 's parents. China 's feudal tradition ceaselessly subjected women to submissiveness by their father, husband, and even their son owing to a patriarchal and patrilineal system. Again, according to the rules of inheritance, only the first male born traditionally inherited the parents ' treasure. Moreover, only boys can go on with the patrilineal family line. Hence, girl babies are reasoned as financial burdens, because they are not available to take care of their aged parents who, upon retirement, do not receive sufficient money from the social services system in China.As a result, if only one child is permitted per family, the universal agreement in China is that it had better be a boy(Hong,2006). As a result, China is currently experiencing a demographic crisis that arguably rises to the level of

Men, mainly in rural China, are urgently hunting a bride in a country where women are in short supply. These men will end up buying a trafficked woman for marriage. Couples hunting a male child will exchange, eliminate, or even slay their girl child in bid to make way for the purchase of a trafficked baby boy. Young adult women and infants are purchased and sold-out like cargo in China. (). Human trafficking in China is a profitable international business that is spreading out owing to various factors, including the high-pressure implementation of the One-Child Policy, a faulty legal system, and the blind bond to long stagnant cultural traditions that degrade women.In China, Communist Party directive overlook the legislative and judicial process. The primacy of government policy results in the ineffectualness of laws that theoretically defend and protect female and women in China.(Li,1996)8 In 1992, the Law on the Protection of Women 's Rights and Interests ("LPWRI")(Tiefenbrun,2008) was passed, which was the first basic law to protect women 's rights and interests in China.7" The LPWRI forbid kidnapping, trafficking, and buying women, though it fails to prescribe any special penalties for these offenses.(Tiefenbrun,2008) The LPWRI also fails to stipulate a definition of discrimination against women.(Tiefenbrun,2008)