One Year Later, Initial Impact of China’s Population Planning Policy Adjustment Smaller Than Expected
In November 2013, the Chinese Communist Party announced a new exception to its population planning policy—couples in which one parent was an only child were now allowed a second child. One year later, reports indicate that the impact of this policy adjustment has been modest thus far. While every Chinese province except Xinjiang has implemented the policy adjustment, applications for birth permits for second children were generally lower than most Chinese government predictions. Moreover, Chinese officials reportedly have not relaxed their enforcement of the population planning policy, and have continued to use coercive measures such as forced abortion and sterilization, among others, that violate international law.
At the Third Plenum of the 18th Communist Party Congress held in November 2013,[1] central Party authorities issued the Decision on Certain Major Issues Regarding Comprehensively Deepening Reforms, which, among other reforms,[2] included a new exception to China’s population planning policy.[3] This exception allowed couples in which one parent is an only child to bear a second child.[4] Rural couples, ethnic minority couples, and couples where both parents are only children were among those couples already permitted under previous exceptions to bear a second child.[5] At a November 2013 press conference, National Health and Family Planning Commission (NHFPC) Deputy Director Wang Pei’an cited demographic challenges such as a diminishing workforce, aging society, and sex ratio imbalance as key factors influencing the government’s decision to adjust the policy.[6]
By June 2014, governments in every province, municipality, and autonomous region had amended their local regulations to reflect this policy adjustment,[7] with the exception of the Tibet Autonomous Region, which amended its regulations in November,[8] and the Xinjiang Uyghur Autonomous Region, which has not amended its regulations.[9] Thus there was a gap of one month to one year between the central Party’s announcement of the policy adjustment and its taking effect at the local level.[10] Eligible couples who became pregnant with a second child following the Party’s announcement but prior to local regulations taking effect were allowed to apply for birth permits in some localities,[11] such as Shandong province and Beijing municipality. They were, however, required to undergo “criticism and education” for violating the regulations current in their official place of residence.[12]
Relatively Few Couples Applying To Have Second Child
According to the NHFPC, over 800,000 couples had applied for permission to have a second child under the policy adjustment by the end of September 2014.[13] Chinese officials previously estimated the adjustment would bring 1 to 2 million additional births per year.[14] Chinese media quoted an NHFPC official as saying the current figures were “a bit different than what was projected.”[15] NHFPC spokeswoman Song Shuli noted the time it took for provincial governments to amend their regulations,[16] and said more time was needed to evaluate the impact of the policy adjustment on birth rates.[17]
Commentators in the media and government suggested the relatively low number of couples taking advantage of the adjustment to China’s population planning policy may be explained by the fact that the new exception applies primarily to urban couples.[18] Many urban areas in China have birth rates lower than the national average,[19] attributed in part to the high cost of living.[20] For example, according to an October 2014 report in Forbes, fertility rates in Shanghai are 0.7, or less than one child per couple.[21]
Policy Remains Strictly Enforced
Despite the adjustment, China’s population planning policy continues to restrict Chinese couples’ freedom to build their families as they see fit. Shortly after central Party authorities announced the policy adjustment in November 2013, NHFPC Deputy Director Wang Pei’an stated at a press conference, “Adjusting and improving the birth policy is not the same as relaxing population planning work.”[22] In December 2013, the Chinese Communist Party Central Committee and State Council jointly issued the Opinions on Adjusting and Improving the Birth Policy, instructing local authorities to “strictly control noncompliant births, particularly extra births, [and] seriously investigate and deal with illegal births.”[23] Reports from provincial-level population and family planning commissions across the country indicate that local governments have followed central government instructions to continue strict enforcement of China’s population planning policy.[24] For example, at the Mid-Year Family Planning Work Meeting in Chongqing municipality, a local official noted that “the intensity of family planning work has not diminished.”[25]
Provincial regulations continue to require the collection of fines, called “social maintenance fees,” from couples who give birth to children in violation of the population planning policy.[26] A November 2014 Bloomberg report cited the example of a couple in Shenzhen municipality—neither of whom were only children—fined 267,918 yuan (US$43,450) over the birth of their second child.[27] Also in November 2014, Chinese media reported the case of a villager from Shangrao county, Jiangxi province, whom authorities detained for 15 days for refusing to pay a population planning fine.[28] According to the non-governmental organization Chinese Human Rights Defenders, these “social maintenance fees” provide local officials with “strong financial incentives to be overly aggressive in enforcing birth-control policies.”[29]
Chinese authorities have reportedly continued to use coercion in the enforcement of population planning policies. The UN Committee on Economic, Social and Cultural Rights noted following its May 2014 review of China that it was “seriously concerned about reported instances of the use of coercive measures, including forced abortion and forced sterilization, with a view to limiting births.”[30] Since the announcement of the policy adjustment in November 2013, Chinese and international media reports have documented abuses, including:
- authority’s refusal to register a child whose mother did not want an intrauterine device (IUD);[31]
- coercive IUD insertion;[32]
- forced sterilization;[33] and
- four forced abortions in the Xinjiang Uyghur Autonomous Region.[34]
Population Planning Policy Violates International Law
When explaining the origin of China’s 34-year-old population planning policy,[35] the Communist Party’s official newspaper, People’s Daily, stated in August 2014, “Some think having a child is a personal matter . . . . In fact, having children is certainly not just a family matter; it is also a national matter . . . .”[36] While recent Chinese media reports suggest the government may adopt a “two-child policy” for all couples in coming years,[37] any birth limits imposed on Chinese women and their families, as well as coercive measures[38] used to implement these limits, violate standards set forth in the 1995 Beijing Declaration and Platform for Action[39] and the 1994 Programme of Action of the Cairo International Conference on Population and Development.[40] Acts of official violence committed in the implementation of population planning policies[41] contravene Article 1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.[42] Discriminatory actions such as refusing to register children born in violation of the population planning policy[43] contravene the Convention on the Rights of the Child[44] and the International Covenant on Economic, Social and Cultural Rights.[45]
For more on the population policy adjustment adopted at the Third Plenum in November 2013, see “Chinese Communist Party Announces Revision to Population Planning Policy,” CECC China Human Rights and Rule of Law Update, No. 2, 23 December 13.
For more information on China’s population planning policy, see Section II—Population Planning in the CECC 2014 Annual Report, pp. 103–107.
[1] “China To Ease One-Child Policy,” Xinhua, 15 November 13 (http://news.xinhuanet.com/english/china/2013-11/15/c_132891920.htm). See also “Chinese Communist Party Announces Revision to Population Planning Policy,” CECC China Human Rights and Rule of Law Update, No. 2, 23 December 13 (http://www.cecc.gov/publications/commission-analysis/chinese-communist-party-announces-revision-to-population-planning).
[2] Chinese Communist Party Central Committee, Decision on Certain Major Issues Regarding Comprehensively Deepening Reforms [Zhonggong zhongyang guanyu quanmian shenhua gaige ruogan zhongda wenti de jueding], reprinted in Xinhua, 15 November 13 (http://news.xinhuanet.com/politics/2013-11/15/c_118164235.htm). See also David Shambaugh, “Breaking Down China’s Reform Plan,” National Interest, 2 December 13 (http://nationalinterest.org/commentary/breaking-down-chinas-reform-plan-9476); Christopher K. Johnson, Center for Strategic and International Studies, “China Announces Sweeping Reform Agenda at Plenum,” 15 November 13 (http://csis.org/publication/china-announces-sweeping-reform-agenda-plenum).
[3] Chinese Communist Party Central Committee, Decision on Certain Major Issues Regarding Comprehensively Deepening Reforms [Zhonggong zhongyang guanyu quanmian shenhua gaige ruogan zhongda wenti de jueding], reprinted in Xinhua, 15 November 13, para. 46 (http://news.xinhuanet.com/politics/2013-11/15/c_118164235.htm). See also “Chinese Communist Party Announces Revision to Population Planning Policy,” CECC China Human Rights and Rule of Law Update, No. 2, 23 December 13 (http://www.cecc.gov/publications/commission-analysis/chinese-communist-party-announces-revision-to-population-planning).
[4] Ibid.
[5] Gu Baochang et al., “China’s Local and National Fertility Policies at the End of the Twentieth Century,” Population and Development Review, Vol. 33, No. 1, 2007, Table 1, 134–135; Tian Yuan and Zheng Songbo, “All 31 Provinces in China Have Launched Two-Child Policy for Families in Which Both Parents Are Only Children” [Quanguo 31 shengfen jun yi fangkai shuangdu jiating sheng ertai zhengce], International Online, reprinted in NetEase, 26 November 11 (http://news.163.com/11/1126/05/7JOV27M00001124J.html). See also CECC, 2012 Annual Report, 10 October 12, 93–94 (http://www.cecc.gov/publications/annual-reports/2012-annual-report); “Chinese Communist Party Announces Revision to Population Planning Policy,” CECC China Human Rights and Rule of Law Update, No. 2, 23 December 13 (http://www.cecc.gov/publications/commission-analysis/chinese-communist-party-announces-revision-to-population-planning).
[6] National Health and Family Planning Commission, “National Health and Family Planning Commission Deputy Director Wang Pei’an Answers Reporters’ Questions About Maintaining the Basic National Family Planning Policy and Launching the Implementation of the Two-Child Policy for Single-Only-Child Couples” [Guojia weisheng jisheng wei fu zhuren wang peian jiu jianchi jihua shengyu jiben guoce qidong shishi dandu lianghai zhengce da jizhe wen], 16 November 13 (http://www.nhfpc.gov.cn/xcs/s3574/201311/cc3f1bc9dd24488ab9ef1b08e93e3a76.shtml).
[7] “National Health and Family Planning Commission Convenes Conference on Adjusting and Improving Family Planning Policy” [Guojia weisheng jisheng wei jiu shengyu zhengce tiaozheng wanshan qingkuang juxing fabu hui], China Net, 10 July 14 (http://www.china.com.cn/zhibo/2014-07/10/content_32898653.htm?show=t). See, e.g., Hainan Province People’s Congress Standing Committee, Hainan Province Population and Family Planning Regulations [Hainan sheng renkou yu jihua shengyu tiaoli], issued 22 October 03, amended 30 May 14, effective 1 June 14, chap. 3, art. 16(5) (http://www.hainan.gov.cn/data/law/2014/05/1931/); Heilongjiang Province People’s Congress Standing Committee, Heilongjiang Province Population and Family Planning Regulations [Heilongjiang sheng renkou yu jihua shengyu tiaoli], issued 18 October 02, amended 22 April 14, chap. 2, art. 13(2) (http://www.hljjsw.gov.cn/xxgk/fgwj/dfflfg/201405/t20140513_5537.htm); Jiangsu Province People’s Congress Standing Committee, Jiangsu Province Population and Family Planning Regulations [Jiangsu sheng renkou yu jihua shengyu tiaoli], issued 23 October 02, amended 17 Jun 04, 28 March 14, chap. 3, art. 22(1) (http://www.jsrd.gov.cn/rdgz/lfgz/dffg1/201403/t20140331_83634.html); Gansu Province People’s Congress Standing Committee, Gansu Province Population and Family Planning Regulations [Gansu sheng renkou yu jihua shengyu tiaoli], issued 28 November 89, amended 29 September 97, 27 September 02, 25 November 05, 26 March 14, chap. 3, art. 18(1) (http://www.chinacourt.org/law/detail/2014/03/id/147713.shtml).
[8] “China’s Tibet Relaxes One-Child Policy,” Xinhua, 6 November 14 (http://news.xinhuanet.com/english/china/2014-11/06/c_133771149.htm).
[9] Liang Jianzhang and Huang Wenzheng, “What People’s Daily Got Wrong in Latest Population Policy Argument,” Caixin, 3 September 14 (http://english.caixin.com/2014-09-03/100724694.html); “11 Million Couples Qualify for a Second Child,” Xinhua, 10 July 13 (http://news.xinhuanet.com/english/video/2014-07/10/c_133475240.htm); “National Health and Family Planning Commission Convenes Conference on Adjusting and Improving Family Planning Policy” [Guojia weisheng jisheng wei jiu shengyu zhengce tiaozheng wanshan qingkuang juxing fabu hui], China Net, 10 July 14 (http://www.china.com.cn/zhibo/2014-07/10/content_32898653.htm?show=t).
[10] For example, Zhejiang province’s amended population planning regulations took effect on January 17, 2014; Beijing, Shanghai, and Tianjin municipalities amended their regulations in February; Henan province did not formally implement changes to its regulations until June. See Zhejiang Province People’s Congress Standing Committee, Zhejiang Province Population and Family Planning Regulations [Zhejiang sheng renkou yu jihua shengyu tiaoli], issued 3 September 02, amended 28 September 07, 17 January 14, chap. 3, art. 19(1) (http://www.lawtime.cn/info/hunyin/hunyinfagui/201401172878118.html); Beijing Municipality People’s Congress Standing Committee, Beijing Municipality Population and Family Planning Regulations [Beijing shi renkou yu jihua shengyu tiaoli], issued 18 July 03, amended 21 February 14, chap. 3, art. 17(2) (http://www.bjrd.gov.cn/zt/cwhzt1409/hywj/201402/t20140221_126999.html); Shanghai Municipality People’s Congress Standing Committee, Shanghai Municipality Population and Family Planning Regulations [Shanghai shi renkou yu jihua shengyu tiaoli], issued 15 April 04, amended 25 February 14, effective 1 March 14, chap. 3, art. 25 (1) (http://www.spcsc.sh.cn/shrdgzw/node5/node47/u1ai56050.html); Tianjin Municipality People’s Congress Standing Committee, Tianjin Municipality Population and Family Planning Regulations [Tianjin shi renkou yu jihua shengyu tiaoli], issued 11 July 03, amended 14 February 14, chap. 3, art. 16(5) (http://www.tjrd.gov.cn/flfg/system/2014/02/26/010016708.shtml); Shang Guo’ao, “Xinxiang Issues Henan Province’s First Birth Permit Under Single-Only Child [Couple] Two-Child Policy, Applicants Are University Professors” [Xinxiang fa henan shouge dandu erhai shengyu zheng shenling fufu shi daxue laoshi], Dahe Net, 13 June 14 (http://news.dahe.cn/2014/06-13/102988224.html).
[11] Zhang Jing, “Health and Family Planning Commission: Policy Toward [Couples] Already Pregnant With Second Child Will Be Determined by Local Governments” [Weijiwei: yi yun ertai zhengce you difang guiding], First Financial Net, 10 July 14 (http://www.yicai.com/news/2014/07/3991403.html).
[12] Qu Caiyun, “‘Single Only [Child Couples]’ Can Have ‘Second Child’ Not ‘Second Pregnancy’” [“Dandu” ke sheng “erhai” fei “ertai”], Yantai Evening Post, reprinted in Guangming Daily, 19 August 14 (http://health.gmw.cn/newspaper/2014-08/19/content_100104841.htm); Dai Lili, “Beijing Health and Family Planning Commission Explains Single Only [Child Couples] Two-Child Policy: Those Rushing To Get Pregnant Can Receive Birth Permit After Criticism and Education” [Jing weijiwei jiedu dandu erhai: qiangxian huaiyunzhe piping jiaoyu hou ke buban shouxu], Beijing Evening News, reprinted in Legal Daily, 24 February 14 (http://www.legaldaily.com.cn/executive/content/2014-02/24/content_5299285.htm?node=32120).
[13] “Health and Family Planning Commission: Single Only [Child Couples] Two-Child Policy Going Smoothly, Basically Meets Expectations” [Wei ji wei: dandu erhai zhengce yunxing pingwen jiben fuhe yuqi], China News Net, 18 November 14 (http://www.chinanews.com/gn/2014/11-18/6788051.shtml); Laurie Burkitt, “China’s Changed One-Child Policy Doesn’t Give Baby Boost,” Wall Street Journal, 7 November 14 (http://online.wsj.com/articles/chinas-changed-one-child-policy-doesnt-give-baby-boost-1415359577).
[14] Zhuang Pinghui, “Birth Rate Holds Steady After One-Child Policy Eased, but There Won’t Be Further Easing,” South China Morning Post, 11 July 14 (http://www.scmp.com/news/china/article/1551461/birth-rate-holds-steady-after-one-child-policy-eased-there-wont-be); “One Child Proclivity,” Economist, 19 July 14 (http://www.economist.com/news/china/21607877-predictions-baby-boomlet-come-little-one-child-proclivity); Wei Gu, “China’s Coming Baby Boomlet Will Deliver a Boost,” Wall Street Journal, 22 November 13 (http://online.wsj.com/news/articles/SB10001424052702303653004579211310267946676?cb=logged0.2566123581245701).
[15] Sun Renbin et al., “Single Only [Child Couples] Two-Child Policy Gradually Implemented, Why Has the Expected ‘Baby Boom’ Not Happened?” [Dandu erhai zhengce jubu fangkai weihe wei xian yuqi “yinger chao”], Xinhua, 10 November 14 (http://news.xinhuanet.com/politics/2014-11/10/c_1113190295.htm); Li Yan, “Single Only [Child Couples] Second Child Applications Lower Than Expected, No Timetable for [Further] Relaxation” [Dandu lianghai shenqing shao yu yuqi fangkai wu shijianbiao], Caixin, 5 November 14 (http://china.caixin.com/2014-11-05/100747138.html).
[16] “Health and Family Planning Commission: Single Only [Child Couples] Two-Child Policy Going Smoothly, Basically Meets Expectations” [Wei ji wei: dandu erhai zhengce yunxing pingwen jiben fuhe yuqi], China News Net, 18 November 14 (http://www.chinanews.com/gn/2014/11-18/6788051.shtml).
[17] Sun Renbin et al., “Single Only [Child Couples] Two-Child Policy Gradually Implemented, Why Has the Expected ‘Baby Boom’ Not Happened?” [Dandu er hai zhengce jubu fangkai weihe wei xian yuqi “yinger chao”], Xinhua, 10 November 14 (http://news.xinhuanet.com/politics/2014-11/10/c_1113190295.htm).
[18] Yi Fuxian and Su Jian, “Implementation of Single Only [Child Couples] Two Child [Policy] Indicates Family Planning Policy Should Continue To Be Eased” [Dandu lianghai shijian biaoming shengyu zhengce jidai jixu fangkai], Caixin, 22 August 14 (http://opinion.caixin.com/2014-08-22/100720176.html); Liu Baijun, “Yunnan Province ‘Single Only [Child Couples] Two Children’ Policy Starts, Mainly Affects Non-Rural Population” [Yunnan sheng “dandu erhai” zhengce qidong zhuyao sheji feinong renkou], Legal Daily, 31 March 14 (http://www.legaldaily.com.cn/rdlf/content/2014-03/31/content_5411310.htm?node=34009); Wang Qingyun, “Second-Child Policy Having Limited Effect,” China Daily, 11 July 14 (http://usa.chinadaily.com.cn/china/2014-07/11/content_17721524.htm). See also “Chinese Communist Party Announces Revision to Population Planning Policy,” CECC China Human Rights and Rule of Law Update, No. 2, 23 December 13 (http://www.cecc.gov/publications/commission-analysis/chinese-communist-party-announces-revision-to-population-planning).
[19] For example, total fertility rates (TFR) in Tianjin are 1.2–1.3, while the TFR in Shanghai and Beijing are around 0.7. This is lower than China as a whole, which, according to the World Bank, had TFR of 1.7 in 2012. See Tan Xinyao, “Most Families Have Given Up on Having ‘Two Children’” [Duoban jiating fangqi sheng “erhai”], Bohai Morning Post, 18 August 14 (http://epaper.jwb.com.cn/bhzb/html/2014-08/18/content_1145191.htm); Liyan Qi, “Baby Boom or Economy Bust: Stern Warnings About China’s Falling Fertility Rate,” Wall Street Journal, China Real Time Report (blog), 2 September 14 (http://blogs.wsj.com/chinarealtime/2014/09/02/baby-boom-or-economy-bust-stern-warnings-about-chinas-falling-fertility-rate); Joel Kotkin, “The Unrest in Hong Kong and China’s Bigger Urban Crisis,” Forbes, 13 October 14 (http://www.forbes.com/sites/joelkotkin/2014/10/13/the-unrest-in-hong-kong-and-chinas-bigger-urban-crisis/); “Fertility Rate, Total (Births Per Woman),” World Bank, last visited 29 October 14 (http://data.worldbank.org/indicator/SP.DYN.TFRT.IN).
[20] Weiyi Lim, “China Baby Boom Wagers Go Bust on Child Cost Burden,” Bloomberg, 21 August 14 (http://www.bloomberg.com/news/2014-08-20/china-baby-boom-wagers-go-bust-on-child-cost-burden.html); Christina Larson, “Why China’s Second-Baby Boom Might Not Happen,” Bloomberg Businessweek, 1 August 14 (http://www.businessweek.com/articles/2014-08-01/with-end-of-chinas-one-child-policy-there-hasnt-been-a-baby-boom); Alexa Olesen, “’Having a Second Kid Isn’t as Simple as Adding Another Pair of Chopsticks,’” Foreign Policy, 11 November 14 (http://www.foreignpolicy.com/articles/2014/11/11/china_second_baby_expectation_fall_short_one_child_policy).
[21] Joel Kotkin, “The Unrest in Hong Kong and China’s Bigger Urban Crisis,” Forbes, 13 October 14 (http://www.forbes.com/sites/joelkotkin/2014/10/13/the-unrest-in-hong-kong-and-chinas-bigger-urban-crisis/).
[22] National Health and Family Planning Commission, “National Health and Family Planning Commission Deputy Director Wang Pei’an Answers Reporters’ Questions About Maintaining the Basic National Family Planning Policy and Launching the Implementation of the Two-Child Policy for Single-Only-Child Couples” [Guojia weisheng jisheng wei fu zhuren wang peian jiu jianchi jihua shengyu jiben guoce qidong shishi dandu lianghai zhengce da jizhe wen], 16 November 13 (http://www.nhfpc.gov.cn/xcs/s3574/201311/cc3f1bc9dd24488ab9ef1b08e93e3a76.shtml).
[23] Communist Party of China Central Commission and State Council, Opinions on Adjusting and Improving the Birth Policy [Guanyu tiaozheng wanshan shengyu zhengce de yijian], reprinted in Xinhua, issued 30 December 13, 3(1) (http://news.xinhuanet.com/politics/2013-12/30/c_118770640.htm).
[24] See, e.g., Qu Caiyun, “‘Single Only [Child Couples]” Can Have ‘Two Children’ Not ‘Two Pregnancies’” [“Dandu” ke sheng “erhai” fei “ertai”], Yantai Evening News, reprinted in Guangming Daily, 19 August 14 (http://health.gmw.cn/newspaper/2014-08/19/content_100104841.htm); Zhejiang Province Health and Family Planning Commission, “Zhejiang Provincial Committee, Provincial Government Convene Provincial Family Planning Work Meeting” [Zhejiang sheng wei sheng zhengfu zhaokai quan sheng jihua shengyu gongzuo huiyi], 11 July 14 (http://www.zjjsw.gov.cn/art/2014/7/11/art_4845_417276.html); Linyi City Government, “Uphold National Family Planning Policy, Promote Population’s Long-Term Balanced Development, Develop and Create a Good Population Environment in All City Undertakings” [Jianchi jihua shengyu guoce cujin renkou changqi junheng fazhan wei quanshi ge xiang shiye fazhan chuangzao lianghao renkou huanjing], 20 March 14 (http://www.linyi.gov.cn/info/1236/67874.htm).
[25] Chongqing Municipality Health and Family Planning Commission, “Chongqing Municipality Convenes Midyear Family Planning Work Meeting” [Chonqing shi jihua shengyu bannian gongzuohui zhaokai], 30 July 14 (http://www.cqwsjsw.gov.cn/Html/1/xwzx/xwdt/2014-07-30/14338.html).
[26] See, e.g., Hainan Province People’s Congress Standing Committee, Hainan Province Population and Family Planning Regulations [Hainan sheng renkou yu jihua shengyu tiaoli], issued 22 October 03, amended 30 May 14, effective 1 June 14, chap. 3, art. 24 (http://www.hainan.gov.cn/data/law/2014/05/1931/); Heilongjiang Province People’s Congress Standing Committee, Heilongjiang Province Population and Family Planning Regulations [Heilongjiang sheng renkou yu jihua shengyu tiaoli], issued 18 October 02, amended 22 April 14, chap. 6, arts. 54–58 (http://www.hljjsw.gov.cn/xxgk/fgwj/dfflfg/201405/t20140513_5537.htm); Fujian Province People’s Congress Standing Committee, Fujian Province Population and Family Planning Regulations [Fujian sheng renkou yu jihua shengyu tiaoli], issued 29 April 88, amended 28 June 91, 25 October 97, 18 November 00, 26 July 02, 14 December 12, 29 March 14, chap. 6, art. 46 (http://www.lawtime.cn/info/hunyin/hunyinfagui/201404092884216.html); Jiangsu Province People’s Congress Standing Committee, Jiangsu Province Population and Family Planning Regulations [Jiangsu sheng renkou yu jihua shengyu tiaoli], issued 23 October 02, amended 17 Jun 04, 28 March 14, chap. 6, art. 44 (http://www.jsrd.gov.cn/rdgz/lfgz/dffg1/201403/t20140331_83634.html).
[27] “Xi’s Baby Steps Too Tame To Defuse Demographic Challenge,” Bloomberg, 3 November 14 (http://www.bloomberg.com/news/2014-11-03/xi-s-baby-steps-proving-too-tame-to-defuse-demographic-challenge.html).
[28] Zhang Hongying, “Shangrao County Villager Detained for Refusing To Pay Social Maintenance Fee” [Shangrao xian yi cunmin ju jiao shehui fuyang fei bei juliu], Shangrao Evening News, 11 November 14 (http://jxsr.jxnews.com.cn/system/2014/11/11/013428017.shtml).
[29] The Network of Chinese Human Rights Defenders and a Coalition of NGOs, “Civil Society Report Submitted to the Committee on the Elimination of Discrimination Against Women for its Review at the 59th Session of the Combined 7th and 8th Report by the People’s Republic of China on Its Implementation of the Convention on the Elimination of All Forms of Discrimination Against Women,” 30 September 14, item 39 (http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/CHN/INT_CEDAW_NGO_CHN_18362_E.pdf); Zhuang Pinghui, “China To Crack Down on Family Planning Fines After Abuses Found,” 19 September 13 (http://www.scmp.com/news/china/article/1312887/china-crack-down-family-planning-fines-after-abuses-found).
[30] Committee on Economic, Social and Cultural Rights, “Committee on Economic, Social and Cultural Rights Concluding Observations on the Second Periodic Report of China, Including Hong Kong, China and Macao, China,” 13 June 14, E/C.12/CHN/CO/2, item 26 (http://www.refworld.org/publisher,CESCR,CONCOBSERVATIONS,CHN,53c77e524,0.html).
[31] Rights Defense Network, “Hunan Anren County Requires Mothers Have IUD Inserted and Then Newborn Child Can Get Hukou” [Hunan anren xian guiding muqin shanghuan hou xin sheng erfang neng shang hukou], 9 October 14 (http://wqw2010.blogspot.com/2014/10/blog-post_42.html).
[32] Li Qiuling, “Baiyun District—Woman Doesn’t Want IUD Implanted, Residence Committee Threatens Cancellation of Bonus Share” [Baiyunqu—nuzi buxiang shanghuan juweihui weixie quxiao fenhong], Xinkuai Net, 3 January 14 (http://news.xkb.com.cn/guangzhou/2014/0103/300830.html).
[33] ChinaAid, “Guizhou Family Planning Official Says Woman Should Have Forced Sterilization ‘Because He Told Her To,’” 27 January 14 (http://www.chinaaid.org/2014/01/guizhou-family-planning-official-says.html).
[34] “Four Uyghur Women Forced To Abort Their Babies in Xinjiang,” Radio Free Asia, 30 December 13 (http://www.rfa.org/english/news/uyghur/abortion-12302013050902.html); “Uyghur Woman Forced To Abort Six-Month Pregnancy While Ill,” Radio Free Asia, 13 January 14 (http://www.rfa.org/english/news/uyghur/abortions-01132014185518.html).
[35] Wang Guangzhou and Hu Yaoling, “China’s Birth Policy History, Evolution, and Development” [Wo guo shengyu zhengce de lishi yange ji fazhan fangxiang], Chinese Cadres Tribune, reprinted in Chinese Communist Party News Net, 20 November 12 (http://theory.people.com.cn/n/2012/1120/c83861-19632821-2.html); Bing Jia, “Formulation of the One-Child Policy in China,” Law Librarians of Congress, In Custodia Legis (blog), 19 November 13 (http://blogs.loc.gov/law/2013/11/formulation-of-the-one-child-policy-in-china/).
[36] “People’s Daily: Completely Opening Up the Single Only [Child Couples] Two-Child Policy Will Bring Along Disadvantages” [Remin ribao: quanmian fangkai dandu lianghai zhengce hui dailai buli yinsu], People’s Daily, 29 August 14 (http://politics.people.com.cn/n/2014/0829/c1001-25562614.html).
[37] “China To Broaden Two-Child Policy in Two Years, Adviser Says,” Bloomberg, 17 October 14 (http://www.bloomberg.com/news/2014-10-17/china-to-widen-two-child-policy-in-2-years-policy-adviser-says.html); Cheng Shijie, “Cheng Shijie: Will Allowing [All Couples a] Second Child Mean the End of Population Planning?” [Cheng shijie: fangkai ertai shifou yiweizhe jihua shengyu zhongjie?], Jingchu Net, 18 October 14 (http://focus.cnhubei.com/original/201410/t3072171.shtml).
[38] Rights Defense Network, “Hunan Anren County Requires Mothers Have IUD Inserted and Then Newborn Child Can Get Hukou” [Hunan anren xian guiding muqin shanghuan hou xin sheng er fang neng shang hukou], 9 October 14 (http://wqw2010.blogspot.com/2014/10/blog-post_42.html); Li Qiuling, “Baiyun District—Woman Doesn’t Want IUD Implanted, Residence Committee Threatens Cancellation of Bonus Share” [Baiyunqu—nuzi buxiang shanghuan juweihui weixie quxiao fenhong], Xinkuai Net, 3 January 14 (http://news.xkb.com.cn/guangzhou/2014/0103/300830.html); ChinaAid, “Guizhou Family Planning Official Says Woman Should Have Forced Sterilization ‘Because He Told Her To,’” 27 January 14 (http://www.chinaaid.org/2014/01/guizhou-family-planning-official-says.html); “Four Uyghur Women Forced To Abort Their Babies in Xinjiang,” Radio Free Asia, 30 December 13 (http://www.rfa.org/english/news/uyghur/abortion-12302013050902.html); “Uyghur Woman Forced To Abort Six-Month Pregnancy While Ill,” Radio Free Asia, 13 January 14 (http://www.rfa.org/english/news/uyghur/abortions-01132014185518.html).
[39] Beijing Declaration and Platform for Action (1995), adopted at the Fourth World Conference on Women on 15 September 95, and endorsed by UN General Assembly resolution 50/203 on 22 December 95, paras. 9, 17 (http://www.un.org/womenwatch/daw/beijing/pdf/BDPfA%20E.pdf). The Beijing Declaration states that governments which participated in the Fourth World Conference on Women reaffirmed their commitment to “Ensure the full implementation of the human rights of women and of the girl child as an inalienable, integral and indivisible part of all human rights and fundamental freedoms; . . .” (para. 9) and “are convinced that . . . [t]he explicit recognition and reaffirmation of the right of all women to control all aspects of their health, in particular their own fertility, is basic to their empowerment; . . .” (para. 17).
[40] Programme of Action of the Cairo International Conference on Population and Development, 18 October 94, paras. 7.2, 8.25 (http://www.un.org/popin/icpd/conference/offeng/poa.html). Paragraph 7.2 states that, “Reproductive health therefore implies that people . . . have the capability to reproduce and the freedom to decide if, when and how often to do so. Implicit in this last condition are the right of men and women to be informed and to have access to safe, effective, affordable and acceptable methods of family planning of their choice. . . .” Paragraph 8.25 states, “In no case should abortion be promoted as a method of family planning.”
[41] ChinaAid, “Guizhou Family Planning Official Says Woman Should Have Forced Sterilization ‘Because He Told Her To,’” 27 January 14 (http://www.chinaaid.org/2014/01/guizhou-family-planning-official-says.html); “Four Uyghur Women Forced To Abort Their Babies in Xinjiang,” Radio Free Asia, 30 December 13 (http://www.rfa.org/english/news/uyghur/abortion-12302013050902.html).
[42] UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by UN General Assembly resolution 39/46 of 10 December 84, art. 1 (http://www.un.org/documents/ga/res/39/a39r046.htm).
[43] See, e.g., Rights Defense Network, “Hunan Anren County Requires Mothers Have IUD Inserted and Then Newborn Child Can Get Hukou” [Hunan anren xian guiding muqin shanghuan hou xin sheng er fang neng shang hukou], 9 October 14 (http://wqw2010.blogspot.com/2014/10/blog-post_42.html); Committee on the Elimination of All Forms of Discrimination against Women, “Concluding Observations on the Combined Seventh and Eighth Periodic Reports of China,” 7 November 14, CEDAW/C/CHN/CO/7-8, items 38 and 39(b) (http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CEDAW%2fC%2fCHN%2fCO%2f7-8&Lang=en). In China, a hukou, or household registration, is required in order to access education, healthcare, pension, and other social services. See, e.g., Christina Larson, “The Change in China’s Hukou Policy Hasn’t Solved the Education Gap for Beijing’s Migrant Children,” Bloomberg Businessweek, 10 September 14 (http://www.businessweek.com/articles/2014-09-10/china-s-hukou-policy-change-hasn-t-solved-education-gap-for-beijing-s-migrant-children); Mary Kay Magistad, “China’s Hukou System Puts Migrant Workers at Severe Economic Disadvantage,” Public Radio International, 1 May 13 (http://www.pri.org/stories/2013-05-01/chinas-hukou-system-puts-migrant-workers-severe-economic-disadvantage).
[44] UN Convention on the Rights of the Child (CRC), adopted and opened for signature, ratification, and accession by UN General Assembly resolution 44/25 of 20 November 89, entry into force 2 September 90, China signed 29 August 90, ratified 2 March 92, arts. 2–4, 6, 24, 26, 28 (http://www.ohchr.org/en/professionalinterest/pages/crc.aspx). Article 2 of the CRC calls upon States Parties to “respect and ensure the rights set forth . . . to each child within their jurisdiction without discrimination of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s . . . national, ethnic or social origin . . . birth or other status.” Article 24 sets forth the right of the child to access healthcare, Article 26 sets forth the right of the child to social security, and Article 28 sets forth the right of the child to free primary education and accessible secondary education and higher education.
[45] International Covenant on Economic, Social and Cultural Rights, adopted by UN General Assembly resolution 2200A (XXI) of 16 December 66, entry into force 3 January 76, China signed 27 October 97, ratified 27 March 01, art. 10(3) (http://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx). Article 10(3) calls upon States Parties to recognize that “Special measures of protection and assistance should be taken on behalf of all children and young persons without any discrimination for reasons of parentage or other conditions.”