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China

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Freedom of AssociationHistoryChapter 2-4 of the Provisional Constitution of the Republic of China (1912) stated that “citizens shall have the freedom of speech, of composition, of publication, of assembly and of association.”

Under the current government of China, Article 35 of the 2018 Constitution of the People’s Republic of China states: “Citizens of the People’s Republic of China shall enjoy freedom of speech, the press, assembly, association, procession and demonstration.”

References:

1912 Provisional Constitution of the Republic of China: “The Provisional Constitution of the Republic of China.” The American Journal of International Law 6, no. 3 (1912): 149–54. https://archive.org/details/jstor-2212590/page/n1/mode/2up

China (People’s Republic of) 1982 (rev. 2018): https://constituteproject.org/constitution/China_2018
Freedom of ExpressionHistoryAccording to the 1908 Memorial and Edict on Constitutional Government: "Officers and people who keep within the law will have freedom of speech, of the press, and of assembly."

The Constitution of the People’s Republic of China of 1982 explicitly protects the freedom of expression.

References:

1908 Memorial and Edict on Constitutional Government: English translation of the Edict of 1908 191 (2012) Memorial and Edict on Constitutional Government, August 27, 1908 https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzcn0021&id=3&men_tab=srchresults

“People's Republic of China.” Constitution of the People's Republic of China. Accessed September 20, 2022. http://www.npc.gov.cn/englishnpc/constitution2019/201911/1f65146fb6104dd3a2793875d19b5b29.shtml.
Freedom of ReligionHistoryArticle 6.7 of the 1912 Provisional Constitution of the Republic of China guaranteed freedom of religion.

Article 36 of the People's Republic of China Constitution of 1982 with Amendments through 2018 continues to offer a guarantee of freedom of religion: "Citizens of the People's Republic of China enjoy freedom of religious belief. No state organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion. The state protects normal religious activities. No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the state. Religious bodies and religious affairs are not subject to any foreign domination." However, according to the US State Department in 2018: "The constitution states citizens have freedom of religious belief but limits protections for religious practice to “normal religious activities” and does not define “normal.” The government continued to exercise control over religion and restrict the activities and personal freedom of religious adherents when the government perceived these as threatening state or Chinese Communist Party (CCP) interests, according to nongovernmental organization (NGO) and international media reports. Only religious groups belonging to one of the five state-sanctioned “patriotic religious associations” (Buddhist, Taoist, Muslim, Catholic, and Protestant) are permitted to register with the government and officially permitted to hold worship services."

References:

1912 Provisional Constitution of the Republic of China: “The Provisional Constitution of the Republic of China.” The American Journal of International Law 6, no. 3 (1912): 149–54. https://archive.org/details/jstor-2212590/page/n1/mode/2up

China (People’s Republic of) 1982 (rev. 2018): https://constituteproject.org/constitution/China_2018

CHINA (INCLUDES TIBET, XINJIANG, HONG KONG, AND MACAU) 2018 INTERNATIONAL RELIGIOUS FREEDOM REPORT: https://www.state.gov/wp-content/uploads/2019/05/CHINA-INCLUSIVE-2018-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf
Freedom of the PressHistoryOne of the earliest references to press freedom came about in 1904, when “the newspaper Dongfang Zazhi (The Eastern Miscellany) published a leading article arguing that in a country where people were allowed to express their opinions freely, its citizens were wiser than those who lived in a country where press freedom was not guaranteed.” This article echoed the sentiment of many leading Chinese intellectuals at the time (Guo 89-90, 2020) .

Four years later, the 1908 Memorial and Edict on Constitutional Government stated: "Officers and people who keep within the law will have freedom of speech, of the press, and of assembly."

Chapter III, Article 87 of China’s 1954 Constitution protected freedom of the press. Today, similar language is located in Chapter II, Article 35 of China’s Constitution: “Citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.” (Constitute Project, “China (People’s Republic of)'s Constitution of 1982 with Amendments through 2018”).

References:

Guo, Yi. “The Liminal Landscape.” In Freedom of the Press in China: A Conceptual History, 1831-1949, 87–116. Amsterdam University Press, 2020. https://doi.org/10.2307/j.ctv18zhcx6.9.

1908 Memorial and Edict on Constitutional Government: English translation of the Edict of 1908 191 (2012) Memorial and Edict on Constitutional Government, August 27, 1908 https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzcn0021&id=3&men_tab=srchresults

1954 Constitution of the People's Republic of China: https://ecommons.cornell.edu/server/api/core/bitstreams/f7bbb8b4-822c-467e-b51c-430e44430e4d/content

China (People’s Republic of) 1982 (rev. 2018): https://constituteproject.org/constitution/China_2018
Privacy RightsHistoryThe 1908 Memorial and Edict on Constitutional Government implied the privacy of the domicile: "Officers and people shall not be disturbed without cause in their possession of property, nor interfered with In their dwellings."

In 1975, the Chinese Constitution protected the right to privacy to the person and the home in Chapter III, Article 28 (Constitution of the People’s Republic of China, 1975, 39). Today, Articles 38-40 protect privacy in China. Article 38 is for personal dignity, 39 for the home, and 40 for correspondence (Constitute Project, “China (People’s Republic of) 1982 rev. 2018” ).

References:

1908 Memorial and Edict on Constitutional Government: English translation of the Edict of 1908 191 (2012) Memorial and Edict on Constitutional Government, August 27, 1908 https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzcn0021&id=3&men_tab=srchresults

1975 Constitution of the People's Republic of China: https://china.usc.edu/sites/default/files/article/attachments/peoples-republic-of-china-constitution-1975.pdf

China (People’s Republic of) 1982 (rev. 2018): https://constituteproject.org/constitution/China_2018
Voting Rights and SuffrageHistoryThough suffrage was predicated on a number of qualifications with reference to judgments of personal characteristics such as literacy and character, the 1908 Memorial and Edict on Constitutional Government refers to a right to vote, even if in terms of when it cannot be claimed: "Those who have not been residents of their native places for one year or more before the time of election shall not have the right to vote or to stand as candidates."

Under Chapter II, The Fundamental Rights and Duties of Citizens, Article 34 all citizens 18 years of age have the right to vote and stand for election without discrimination. (Constitute Project, “China (People’s Republic of)'s Constitution of 1982 with Amendments through 2018” ).

References:

English translation of the Edict of 1908 191 (2012) Memorial and Edict on Constitutional Government, August 27, 1908 https://heinonline.org/HOL/Page?collection=cow&handle=hein.cow/zzcn0021&id=3&men_tab=srchresults

China (People’s Republic of) 1982 (rev. 2018): https://constituteproject.org/constitution/China_2018
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