The United Nations recently raised a series of questions regarding the situation of children’s rights in China, focusing on the basic freedoms of children in mainland China, Hong Kong, and Macau, and particularly questioning the impact of China’s new “Law on the Promotion of Ethnic Unity and Progress” on the language, culture, and religious rights of children in Tibet, Uighur, and other minority ethnic groups.
According to a report released by the International Service for Human Rights (ISHR) on October 22, the UN Committee on the Rights of the Child adopted a “list of issues” on October 2, which includes 28 numbered paragraphs detailing specific questions and information requests to the Chinese authorities regarding children’s rights in mainland China, Hong Kong, and Macau.
This marks the first review since 2013 by the Committee on how China is implementing the Convention on the Rights of the Child. The “list of issues” presented to the Chinese authorities is part of the preliminary process of the review, with the formal review expected to take place no earlier than 2027.
The list of issues raised concerns regarding minority ethnic children, including:
– Discrimination against Tibetan and Uighur children;
– Restrictions on religious and language rights;
– Impediments to children’s education;
– Separation of children from their families;
– Retaliation against human rights defenders.
In addition to examining China’s implementation of the Convention on the Rights of the Child, the review will also assess new issues that have arisen in China over the past 13 years, including national security legislation, the educational and cultural rights of minority ethnic children, and surveillance of children and their families.
UN human rights experts had previously warned that China’s implementation of the “Law on the Promotion of Ethnic Unity and Progress” that came into effect on July 1 of this year restricts the basic rights of minority ethnic children, including their language, culture, and religious rights.
The ISHR report also highlighted that the UN Committee on the Rights of the Child has requested the Chinese government to explain how they will prevent children from being separated from their parents in situations that are not in their best interests, particularly in cases involving minority ethnic families, detained or missing parents, and forced labor camps.
The Committee has also asked for clarification from China on surveillance measures in Tibet and Uighur populated areas, including the legal basis and purpose of collecting children’s genetic data without consent, and whether these practices comply with children’s privacy rights.
Other issues include travel restrictions for children in Tibet and Xinjiang, pressure on minority ethnic families residing abroad, and ensuring that children are not discriminated against based on their parents’ ethnic backgrounds, religious beliefs, political activities, or language use.
The Committee also requested China to investigate reports of deaths, torture, or other mistreatment of children in public boarding schools and kindergartens in Tibet, and hold accountable those responsible.
In addition to the rights of minority ethnic children, the Committee also expressed concerns about the impact on children’s freedom of speech, access to information, and participation in public life following the implementation of the National Security Law in Hong Kong.
According to the ISHR report, the Committee asked the Chinese government to provide explanations on:
– Obstacles faced by journalists, human rights defenders, and non-governmental organizations in reporting on violations of children’s rights in mainland China and seeking judicial redress, with child rights advocates facing retaliation, especially due to the National Security Law in Hong Kong.
– Ensuring that children can express their opinions safely and freely without fear of prosecution under national security laws, especially in Hong Kong.
– During the 2019 Hong Kong anti-extradition protests, over 1,700 students were subjected to police violence, arrests, and charges of “riot.”
– Ensuring that restrictions implemented under the guise of protecting children from harmful content do not infringe on their right to access diverse and age-appropriate information and freedom of expression, including freedom of expression online. Particularly, attention is needed on the restrictions imposed following the implementation of the National Security Law in Hong Kong, which have led to children and their caregivers being prosecuted and imprisoned.
According to the ISHR report, the Chinese government must submit a written response to the UN Committee on the Rights of the Child by February 15, 2027, addressing the concerns outlined in the list of issues.
These responses will be crucial for the subsequent review process. The Committee will then engage in interactive dialogue with the Chinese authorities and provide final review findings based on this dialogue.
ISHR called on the Chinese government to participate in the review in a constructive and transparent manner, fully address the questions raised by the Committee, and take concrete measures to ensure that relevant laws and practices comply with international human rights standards.
The Convention on the Rights of the Child aims to ensure children’s survival, development, education, protection from discrimination, and the right to express their opinions. China ratified and joined the convention in 1992.
