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Law of the People's Republic of China on the Protection of Women's Rights and Interests

Release date: September 13, 2018 Views: Times

Women's Rights Protection Law of the People's Republic of China

Chapter I General Provisions

Article 1 This Law is enacted in order to protect women's legitimate rights and interests, promote equality between men and women, and give full play to women's role in socialist modernization.

Article 2: Women enjoy equal rights with men in all aspects of political, economic, cultural, social and family life.

Gender equality is the basic national policy of the country. The state takes necessary measures to gradually improve the various systems that protect women's rights and interests, and eliminates all forms of discrimination against women.

The state protects women's special rights and interests according to law.

It is forbidden to discriminate, abuse, abandon, or mutilate women.

Article 3. The State Council formulates the outline for the development of Chinese women and incorporates it into the national economic and social development plan.

Local people's governments at and above the county level have formulated women's development plans in their respective administrative regions in accordance with the Chinese Women's Development Outline and incorporated them into national economic and social development plans.

Article 4 The protection of women's legitimate rights and interests is the common responsibility of the whole society. State organs, social organizations, enterprises and institutions, and urban and rural grassroots mass autonomous organizations shall protect women's rights and interests in accordance with the provisions of this law and relevant laws.

The state takes effective measures to provide necessary conditions for women to exercise their rights according to law.

Article 5 The State encourages women to respect themselves, assert themselves, support themselves and strengthen themselves, and to use laws to safeguard their legitimate rights and interests.

Women should abide by national laws, respect social morality, and fulfill their obligations under the law.

Article 6 People's governments at all levels shall attach importance to and strengthen the protection of women's rights and interests.

The people's governments at and above the county level are responsible for women's and children's work. They are responsible for organizing, coordinating, guiding, and urging relevant departments to do a good job in protecting women's rights and interests.

Relevant departments of the people's governments at or above the county level shall do a good job in protecting women's rights and interests within their respective responsibilities.

Article 7 The All-China Women's Federation and local women's federations at all levels shall, in accordance with the law and the articles of association of the All-China Women's Federation, represent and safeguard the interests of women of all ethnic groups and all walks of life, and do a good job of protecting women's rights and interests.

Trade unions and Communist Youth Leagues should do a good job of protecting women's rights and interests within their respective scopes of work.

Article 8 People's governments at all levels and relevant departments shall give commendations and rewards to organizations and individuals who have made outstanding achievements in protecting women's legitimate rights and interests.

Chapter II Political Rights

Article 9. The State guarantees women equal political rights with men.

Article 10. Women have the right to manage state affairs, economic and cultural undertakings, and social affairs through various channels and forms.

When formulating laws, regulations, rules and public policies, the Women's Federation should be heard on major issues involving women's rights and interests.

Women and women's organizations have the right to submit opinions and suggestions on the protection of women's rights and interests to state organs at all levels.

Article 11 Women have the same right to vote and to be elected as men.

Deputies to the National People's Congress and local people's congresses at all levels should have an appropriate number of women's representatives. The state takes measures to gradually increase the proportion of women's representatives in the National People's Congress and local people's congresses at all levels.

Among the members of residents 'committees and villagers' committees, women should have appropriate places.

Article 12 The State actively trains and selects female cadres.

State organs, social organizations, enterprises and institutions must uphold the principle of equality between men and women in the training, selection and appointment of cadres, and have an appropriate number of women as leading members.

The state attaches great importance to the training and selection of minority female cadres.

Article 13 The All-China Women's Federation and local women's federations at all levels represent women in actively participating in democratic decision-making, democratic management, and democratic supervision of state and social affairs.

Women's federations at all levels and their group members may recommend women cadres to state organs, social organizations, enterprises and institutions.

Article 14 Relevant departments shall listen to and accept criticisms or reasonable suggestions concerning the protection of women ’s rights and interests. For complaints, complaints, and reports of violations of women ’s rights and interests, the relevant departments must investigate the facts and handle them. No organization or individual may suppress them. Or fight revenge.

Chapter III Rights of Culture and Education

Article 15 The State guarantees that women enjoy equal cultural and educational rights with men.

Article 16 Schools and relevant departments shall implement relevant state regulations to ensure that women enjoy equal rights with men in terms of enrollment, further studies, distribution of graduations, award of degrees, and sending abroad.

When enrolling students, except for special specialties, schools must not refuse to accept women on the grounds of gender or raise the admission standards for women.

Article 17 Schools shall take measures in education, management, facilities and other aspects to ensure the physical and mental health of female adolescents in accordance with the characteristics of female adolescents.

Article 18 Parents or other guardians must fulfill the obligation to ensure that women, children and adolescents of the appropriate age receive compulsory education.

Except for those who have been approved by the local people ’s government due to illness or other special circumstances, parents or other guardians who do not send school-age women and children to school shall be criticized and educated by the local people ’s government, and effective measures shall be taken to send school-age women and children to school.

The government, society, and schools should take effective measures to solve the practical difficulties of school-age female children and adolescents, and create conditions to ensure that compulsory education is completed for women, children and adolescents of poverty, disability and floating population.

Article 19 People's governments at all levels shall, in accordance with regulations, incorporate illiteracy and semi-illiteracy among women into their literacy and post-literacy continuing education plans, adopt organizational forms and working methods that are in line with women's characteristics, and organize and supervise the implementation of relevant departments.

Article 20 People's governments at all levels and relevant departments shall take measures to organize women to receive vocational education and practical technical training in accordance with the needs of urban and rural women.

Article 21 State organs, social organizations, enterprises and institutions shall implement relevant state regulations to ensure that women engage in scientific, technical, literary, artistic and other cultural activities and enjoy equal rights with men.

Chapter 4 Rights of Labor and Social Security

Article 22 The State guarantees that women enjoy equal labor and social security rights with men.

Article 23 When hiring employees, all units shall not refuse to recruit women or raise the criteria for hiring women, except for work types or positions that are not suitable for women.

When hiring female employees, all units shall sign labor (hiring) contracts or service agreements with them in accordance with the law. The labor (hiring) contracts or service agreements shall not stipulate restrictions on the marriage and childbearing of female employees.

The employment of female minors under the age of sixteen is prohibited, unless otherwise stipulated by the state.

Article 24. Equal pay for men and women for equal work. Women enjoy equal rights with men in terms of benefits.

Article 25 In respect of promotion, promotion, and evaluation of professional and technical positions, the principle of equality between men and women shall be adhered to, and women shall not be discriminated against.

Article 26 Any unit shall protect the safety and health of women at work and work in accordance with the characteristics of women and shall not arrange work and labor that are not suitable for women.

Women are specially protected during menstruation, pregnancy, childbirth and lactation.

Article 27 No unit shall reduce the wages of female employees, dismiss female employees, and unilaterally terminate labor (hiring) contracts or service agreements due to marriage, pregnancy, maternity leave, breastfeeding, etc. However, female employees are not required to terminate labor (hiring) contracts or service agreements.

When implementing the national retirement system, all units must not discriminate against women on the grounds of sex.

Article 28 The State develops social insurance, social assistance, social welfare, and medical and health services, and guarantees women's rights to social insurance, social assistance, social welfare, and health care.

The state promotes and encourages social welfare activities to help women.

Article 29 The State promotes the maternity insurance system and establishes and improves other security systems related to maternity.

Local people's governments at various levels and relevant departments should provide necessary fertility assistance to poor women in accordance with relevant regulations.

Chapter V Property Rights

Article 30 The State guarantees that women enjoy equal property rights with men.

Article 31 In the common property relationship of marriage and family, the rights and interests enjoyed by women according to law shall not be infringed.

Article 32 Women enjoy equal rights with men in the aspects of rural land contracted management, the distribution of income of collective economic organizations, the use of land acquisition or requisition compensation fees, and the use of house sites.

Article 33 No organization or individual may infringe women's rights and interests in rural collective economic organizations on the grounds that women are unmarried, married, divorced, widowed, etc.

If the man has settled in the woman's residence due to marriage, the man and the child shall enjoy equal rights and interests with the members of the local collective economic organization.

Article 34 Women's right to inherit property equal to that of men is protected by law. Women must not be discriminated against in the same order of legal heirs.

Widowed women have the right to dispose of inherited property, and no one can interfere.

Article 35 If a widowed woman has fulfilled the main maintenance duties to the husband and wife, as the lawful heir in the first order of the husband and wife, their inheritance rights are not affected by the subrogation and inheritance of their children.

Chapter VI Personal Rights

Article 36 The State guarantees that women enjoy equal personal rights with men.

Article 37 Women's personal freedom is inviolable. Illegal detention and deprivation or restriction of women's personal freedom by other illegal means are prohibited; illegal searches of women's bodies are prohibited.

Article 38 Women's right to life and health are inviolable. It is forbidden to drown, abandon and mutilate baby girls; it is prohibited to discriminate against and abuse women and infertile women who have given birth to baby girls; it is forbidden to use superstition, violence and other means to mutilate women; it is forbidden to abuse, abandon disease, disabled women and elderly women.

Article 39 It is forbidden to traffic in and abduct women; it is forbidden to buy women who have been trafficked or abducted; it is prohibited to hinder the rescue of women who have been trafficked or abducted.

People's governments at all levels and the departments of public security, civil affairs, labor and social security, and health in accordance with their responsibilities take timely measures to rescue women who have been trafficked or abducted, and do good aftercare work. Women's federations assist and cooperate with relevant work. No one shall discriminate against women who have been trafficked or abducted.

Article 40 Sexual harassment of women is prohibited. The victimized woman has the right to lodge a complaint with the unit and relevant authorities.

Article 41 Prostitution and prostitution are prohibited.

It is forbidden to organize, force, seduce, tolerate, introduce women into prostitution or to engage in indecent activities against women.

It is forbidden to organize, force or induce women to engage in obscene performances.

Article 42 Women's right to reputation, honor, privacy, portrait and other personal rights are protected by law.

It is prohibited to harm women's personal dignity by insults, defamation, etc. It is forbidden to undermine women's personality through the mass media or other means. Without my consent, women's portraits may not be used for profit purposes through advertisements, trademarks, display windows, newspapers, periodicals, books, audiovisual products, electronic publications, and the Internet.

Chapter VII Marriage and Family Rights

Article 43 The state guarantees that women enjoy equal rights with men in marriage and family.

Article 44 The State protects women's autonomy in marriage. It is prohibited to interfere with women's freedom of marriage and divorce.

Article 45 During the pregnancy, within one year after childbirth, or within six months after termination of pregnancy, the man shall not file for divorce. This is not the case if the woman proposes a divorce, or if the people's court deems it necessary to accept the man's divorce request.

Article 46 Domestic violence against women is prohibited.

The State takes measures to prevent and stop domestic violence.

Public security, civil affairs, judicial administration, and other urban and rural grassroots mass self-government organizations and social organizations shall, within the scope of their respective duties, prevent and stop domestic violence and provide assistance to victims of women in accordance with law.

Article 47: Women have the right to possess, use, gain and dispose of their spouses' common property in accordance with the law, and are not affected by the income status of both parties.

The husband and wife agreed in writing that the property obtained during the existence of the marriage relationship belongs to each other. If the woman has more obligations due to raising children, caring for the elderly, assisting the man in work, etc., he has the right to demand compensation from the man at the time of divorce.

Article 48 For a house shared by a husband and wife, at the time of divorce, the divided house shall be settled by agreement between the two parties; if the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the two parties and the principle of caring for the rights of the children and the woman. Unless the husband and wife have agreed otherwise.

When the couple rents a house together, the divorce's house should be settled in accordance with the principle of taking care of the children and the rights of the woman.

Article 49 Both parents shall enjoy equal custody of their minor children.

If the father dies, is incapacitated, or is otherwise unable to serve as the guardian of the minor child, no one shall interfere with the guardianship of the mother.

Article 50 In the event of divorce, if the woman loses fertility due to sterilization or other reasons, the issue of child rearing shall be dealt with under reasonable conditions in favor of the child's rights.

Article 51 Women have the right to have children in accordance with the relevant provisions of the state and the freedom to have children.

Both husband and wife of childbearing age plan family planning in accordance with relevant state regulations. Relevant departments should provide safe and effective contraceptives and technology to ensure the health and safety of women undergoing birth control surgery.

The state implements pre-marital health care and maternity health care systems, and develops maternal and child health care. People's governments at all levels should take measures to guarantee women's access to family planning technical services and improve women's reproductive health.

Chapter VIII Legal Liability

Article 52 Where the lawful rights and interests of women are infringed, they have the right to require the relevant departments to deal with it in accordance with the law, or apply to the arbitration institution for arbitration, or file a lawsuit in a people's court.

For women who have financial difficulties and need legal aid or judicial assistance, the local legal aid agency or the people's court shall provide assistance and provide them with legal aid or judicial assistance in accordance with the law.

Article 53 If the lawful rights and interests of women are violated, they may file a complaint with women's organizations. Women's organizations shall safeguard the lawful rights and interests of women who have been violated, and have the right to request and assist relevant departments or units to investigate and deal with them. Relevant departments or units shall investigate and deal with it according to law and give a reply.

Article 54 Women's organizations shall give support to women victims who need help in litigation.

Women's federations or related women's organizations can expose and criticize acts that infringe on the interests of specific women's groups, and have the right to request relevant departments to investigate and deal with them in accordance with law.

Article 55 Violation of the provisions of this law, infringing on women's rights and interests in rural collective economic organizations on the grounds that women are unmarried, married, divorced, widowed, etc. Those who enjoy equal rights and interests with members of the local rural collective economic organization shall be mediated by the township people ’s government in accordance with the law; the victim may also apply for arbitration to the rural land contract arbitration institution according to law or file a lawsuit with the people ’s court, which shall be accepted by the people ’s court according to law.

Article 56 Anyone who violates the provisions of this law and infringes upon the lawful rights and interests of women and other administrative penalties provided by laws and regulations shall be subject to the provisions thereof; if property damage or other damage is caused, civil liability shall be assumed in accordance with the law; if a crime is constituted, criminal liability shall be investigated in accordance with the law .

Article 57 In violation of the provisions of this law, complaints, charges, and reports that infringe on women's rights and interests shall not be prosecuted, prosecuted, delayed, or suppressed, or retaliation against those who file complaints, charges, or reports shall be retaliated by. The competent department or higher authority orders the correction, and according to law, the person in charge directly responsible and other persons directly responsible shall be given administrative sanctions.

If the state organs and their staff fail to perform their duties in accordance with the law, fail to stop the violation of women's rights or provide necessary assistance to the victim women in a timely manner, and cause serious consequences, the unit or higher authority shall be directly responsible for the directly responsible persons and other directly responsible persons according to law. The responsible person shall be given administrative sanctions.

In violation of the provisions of this law, violations of women's cultural and educational rights, labor and social security rights, personal and property rights, and marriage and family rights shall be corrected by the unit, competent department, or higher authority, and the person in charge directly responsible and other directly responsible persons Those who belong to state staff shall be given administrative sanctions by their units or higher authorities in accordance with law.

Article 58 In the event of sexual harassment or domestic violence against women in violation of the provisions of this Law, which constitutes a violation of public security management, the victim may request the public security organ to impose administrative penalties on the offender in accordance with the law, or file a civil lawsuit in a people's court in accordance with the law.

Article 59 Any violation of the provisions of this law that devalues women's personality through the mass media or other means shall be corrected by the culture, radio, film, television, press, or other relevant departments in accordance with their respective powers, and administrative penalties shall be imposed in accordance with the law.

Chapter IX Supplementary Provisions

Article 60 The standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government may formulate implementation measures in accordance with this Law.

The people's congresses of national autonomous areas may formulate flexible or supplementary regulations in accordance with the principles stipulated in this law and the specific circumstances of local ethnic women. The provisions of the autonomous regions shall be effective after being approved by the Standing Committee of the National People's Congress; the provisions of autonomous prefectures and autonomous counties shall be effective after being approved by the Standing Committee of the People's Congress of Provinces, Autonomous Regions, and Municipalities, and reported to the Standing Committee of the National People's Congress for the record.

1992 10 1 日起施行 Article 61 This Law shall enter into force on October 1 , 1992