China's one child policy as a human rights violation

Internal Confidential Memo103642

John Doe, Director Human Rights Institute of America

Adeer Doe, Human Rights Institute of America, Field Representative

Human Rights Violations in China's One Child Policy

Much work and research has gone into the preparation of this memo. Acknowledging the cultural and traditional beliefs and practices of a foreign culture is essential to the research, understanding, and determination of a violation of human rights. In this memo, I will outline the steps that were taken in the research that supports the conclusion that China's One Child Policy is void of traditional or cultural heritage, and therefore makes the policy a purely political one.

As important a factor in determining human rights violations as are cultural and traditional heritage, is whether or not the purely political policy has a foundation in the best interest of the Chinese people as a whole society: economically, socially, medically, and environmentally. If a purely political policy exists to create a balance in these vital areas of human existence that furthers the well being of society as a whole, then that must be taken into consideration when arriving at a conclusion as to whether or not the purely political policy constitutes a human rights violation. In this case, this memo will provide support and researched evidence that the purely political One Child Policy in China is lacking in demonstrable evidence to support a claim that the policy has furthered the economic, social, medical, or environmental well being of China's society as a whole.

This memo will support that the purely political One Child Policy in China lacks evidence to support a claim of best interest, and that it is indeed a violation of the most basic human rights of mankind. This memo will demonstrate, too, that the violation of human rights as evidenced by this purely political policy has manifested itself in a peripheral way as to bring about an even more egregious form of human rights violations in China: infanticide.

The presentation of this memo follows the standard format in sections with which you are already familiar, Mr. Director: policy, history, benefit, damage, and conclusion. I anticipate this memo will brief you in a way to help you to be fully prepared for the upcoming discussion on this subject at the conference in Copenhagen (now referred to as The Copenhagen Conference 2009) next week. Should this memo leave you with unanswered questions of your own, please do not hesitate to contact me so that we might talk about those questions.

The History of China as a Population

In December of 1973, an incredible discovery of major historical significance was made, and one that would illuminate the ancient history of China (Perenboom, R.P., 1993, 1). In Chu, a state that goes back to ancient Chinese history, archeologists found the tomb of an ancient Prince Li Cang, and enclosed within the tomb were ancient relics that would serve to enhance the history of China (1). Amongst those relics were ancient silk scrolls, which would soon be deemed one of the most relevant finds ever made on ancient Chinese history (1).

The scrolls speak to the ancient Chinese law and morality, which were very much synonymous in that ancient culture and tradition (1). The scrolls are supportive of Confucius, and, therefore, the human experience. Perenboom (1993) cites the scrolls in referring to the teachings of Confucius:

"To be sure tian, an anthropomorphic heaven, does play a role in Confucian ethics and politics, even legitimating political succession through the so-called mandate of heaven (tian ming). 32 Confucius himself, however, is disinclined to comment on the way of heaven. Further, to the extent that one can piece together a picture of tian by supplementing the meager mentions in the Analects with a broader survey of its occurrence in Confucian literature, one finds that the role of tian is not a foundational one. Tian is not some ontologically transcendent, independent source or dictator of moral standards as the Judeo-Christian God is generally taken to be. It is not even the normatively transcendent nonhuman nature of Huang-Lao. Rather than a dualism between transcendent moral principles cum laws and humans the obsequious followers, there is a polar continuum between immanent heaven and its human counterparts. 33 The relation is one of mutual interaction -- as witnessed most clearly in the Chun Qiu Fan Lu ascribed to Dong Zhongshu. 34 Humans, particularly sages, contribute to the generation and definition of both the microcosmic human ethical realm and the larger "anthropocosmic" realm. 35 Thus the Zhong Yong states: "Great indeed is the way of the sage. Teeming, it spawns and nurtures the myriad things until they reach up to the heavens." 36 Confucius agrees that humans have the power, indeed the need, to take charge over their own physical and moral destinies, to chart their own ethical, political, and legal courses (daos). To the extent that tian refers to the order of the world, to cosmic order both human and non-, humans play a major role in its determination. Conversely, to the extent that tian refers only to what is non? human, to nature and all that which is beyond the control of humans, it is a topic best left alone. Confucius is more concerned with what we can do than with what we cannot do, with our opportunities for achievement and realization as a person, as a family, as a nation, as a world. Thus it is tian as a field of possibilities rather than as a limiting source of determination that most interests Confucius (Peerenboom, 120)."

Here, in a nutshell, is a sum of the intertwining morals and laws of ancient China. Nowhere seen here, or in the ancient ways of the Chinese, does the law or the moral conscience impose a limit on the number of children that a family can have. Indeed, it specifies that it is the natural way for humans to have charge over their own physical and moral destinies, and that this is the path to their own ethical, political, and legal courses (120). When the state prescribes the number of children that the family can have in China, it is in effect severing the tie between the Chinese people and their ancient culture and traditions as we can see here.

The Rural Subsistent Dwellers

Evidenced by the lower income figures reported widely, China's rural farming populations have perhaps been the hardest hit by the One Child Policy. Where ancient traditions and customs once dominated the way of life in the rural areas, China's reform policies, especially that one limiting One Child per family, have long impacted the rural way of life and productivity in China (Diamant, Neil, 2000, 93). Where families that farmed once had children, sometimes numerous children, and those children helped to farm and bring in productive crops that could sustain the family, with the results of the family's labors far reaching and providing a source of income as well; since the One Child Policy was instituted rural families have been reduced subsistent living, and because the families are small, are unable to work the larger farms and bring in larger crops as they once did. The One Child Policy has impacted rural living in adverse ways.

The Environmental Impact of the One Child Policy

The One Child Policy has not made any discernable improvement in China's natural environment, or its urban environment.