Law
of the People's Republic of China on the Protection
of Rights and Interests of Women
(Adopted at the Fifth Session of the Seventh National
People's Congress on April 3, 1992)
Contents
Chapter I General Provisions
Chapter II Political Rights
Chapter III Rights and Interests Relating to Culture
and Education
Chapter IV Rights and Interests Relating to Work
Chapter V Rights and Interests Relating to Property
Chapter VI Rights Relating to the Person
Chapter VII Rights and Interests Relating to Marriage
and Family
Chapter VIII Legal Responsibility
Chapter IX Supplementary Provisions
Chapter I
General Provisions
Article 1 In accordance with the Constitution
and the actual conditions of the country, this
Law is formulated to protect women's lawful rights
and interests, promote the equality between men
and women and allow full play to women's role
in socialist modernization.
Article 2 Women shall enjoy equal rights with
men in all aspects of political, economic, cultural,
social and family life.
The State shall protect the special rights and
interests enjoyed by women according to law, and
gradually perfect its social security system with
respect to women.
Discrimination against, maltreatment of, or cruel
treatment in any manner causing injury even death
of women shall be prohibited.
Article 3 The protection of women's lawful rights
and interests is a common responsibility of the
whole society. State organs, public organizations,
enterprises and institutions as well as urban
and rural mass organizations of self-government
at the grass-roots level shall, in accordance
with the provisions of this Law and other relevant
laws, protect women's rights and interests.
The State shall take effective measures to provide
necessary conditions for women to exercise their
rights according to law.
Article 4 The State Council and the people's governments
of provinces, autonomous regions and municipalities
directly under the Central Government shall, by
taking organizational measures, coordinate with
relevant departments in ensuring the protection
of women's rights and interests. The specific
organs shall be designated by the State Council
and the people's governments of provinces, autonomous
regions and municipalities directly under the
Central Government.
Article 5 The All-China Women's Federation and
women's federations at various levels shall represent
and uphold the rights of women of all nationalities
and all walks of life, and strive for the protection
of women's rights and interests.
The trade unions and the Communist Youth League
organizations shall also, within the scope of
their respective work, strive for the protection
of women's rights and interests.
Article 6 The State shall encourage women to cultivate
a sense of self-respect, self-confidence, self-reliance
and self-strengthening, and to safeguard their
own lawful rights and interests by utilizing law.
Women shall abide by the laws of the State, respect
social morality and perform their obligations
prescribed by law.
Article 7 People's governments at various levels
and relevant departments shall commend and award
the organizations and individuals that have made
notable achievements in the protection of women's
lawful rights and interests.
Chapter II
Political Rights
Article 8 The State shall guarantee that women
enjoy equal political rights with men.
Article 9 Women have the right to conduct State
affairs, manage economic and cultural undertakings
and administer social affairs through various
channels and in various ways.
Article 10 Women shall enjoy the equal right,
with men, to vote and to stand for election.
Among deputies to the National People's Congress
and local people's congresses at various levels,
there shall be an appropriate number of women
deputies, and the proportion thereof shall be
raised gradually.
Article 11 The State shall actively train and
select female cadres.
State organs, public organizations, enterprises
and institutions must, in appointing cadres, adhere
to the principle of equality between men and women,
and attach importance to the training and selection
of female cadres for leading posts.
The State shall pay attention to the training
and selection of female cadres of minority nationalities.
Article 12 Women's federations at various levels
and their member organizations may recommend female
cadres to State organs, public organizations,
enterprises or institutions.
Article 13 The departments concerned shall listen
to and accept criticisms or rational suggestions
regarding the protection of women's rights and
interests; with respect to complaints or charges
against, or exposures of infringement upon women's
rights and interests, the departments concerned
must ascertain the facts, and be responsible for
the disposition thereof; no organization or individual
may suppress such complaints, charges or exposures
or resort to retaliation.
Chapter III
Rights and Interests Relating to Culture and Education
Article 14 The State shall guarantee that women
enjoy equal rights with men with respect to culture
and education.
Article 15 Schools and departments concerned shall,
by implementing the relevant regulations of the
State, guarantee that women enjoy equal rights
with men in such aspects as starting school, entering
a higher school, job assignment upon graduation,
conferment of academic degrees and dispatch for
study abroad.
Article 16 Schools shall, in line with the characteristics
of female adolescents, take measures in respect
of education, management and facilities so as
to ensure their sound development in body and
in mind.
Article 17 Parents or other guardians must perform
their duty of ensuring that female school-age
children or adolescents receive the compulsory
education.
Where parents or other guardians fail to send
female school-age children or adolescents to school,
the local people's governments shall admonish
and criticize them and, by adopting effective
measures, order them to send their female school-age
children or adolescents to school, with the exception
of those who, on account of illness or other special
circumstances, are allowed by the local people's
governments not to go to school.
The governments, society and schools shall, in
the light of the actual difficulties of female
school-age children or adolescents in schooling,
take effective measures to ensure that female
school-age children or adolescents receive compulsory
education for the number of years locally prescribed.
Article 18 People's governments at various levels
shall, in accordance with relevant provisions,
incorporate the work of elimination of illiteracy
or semi-literacy among women into plans for illiteracy
elimination and post-elimination education, adopt
organizational forms and working methods suitable
to women's characteristics, and organize and supervise
the relevant departments in the implementation
of such plans.
Article 19 People's governments at various levels
and departments concerned shall take measures
to organize women in receiving vocational education
and technological training.
Article 20 State organs, public organizations,
enterprises and institutions shall, by implementing
relevant regulations of the State, ensure that
women enjoy equal rights with men in their participation
in scientific, technological, literary, artistic
and other cultural activities.
Chapter IV
Rights and Interests Relating to Work
Article 21 The State shall guarantee that women
enjoy the equal right, with men, to work.
Article 22 With the exception of the special types
of work or post unsuitable to women, no unit may,
in employing staff and workers, refuse to employ
women by reason of sex or raise the employment
standards for women.
Recruitment of female workers under the age of
sixteen shall be prohibited.
Article 23 Equal pay for equal work shall be applied
to men and women alike.
Women shall be equal with men in the allotment
of housing and enjoyment of welfare benefits.
Article 24 In such aspects as promotion in post
or in rank, evaluation and determination of professional
and technological titles, the principle of equality
between men and women shall be upheld and discrimination
against women shall not be allowed.
Article 25 All units shall, in line with women's
characteristics and according to law, protect
women's safety and health during their work or
physical labour, and shall not assign them any
work or physical labour not suitable to women.
Women shall be under special protection during
menstrual period, pregnancy, obstetrical period
and nursing period.
Article 26 No unit may dismiss woman staff and
workers or unilaterally terminate labour contracts
with them by reason of marriage, pregnancy, maternity
leave or baby-nursing.
Article 27 The State shall develop social insurance,
social relief and medical and health services
to create conditions allowing old, ill or disabled
women to obtain material assistance.
Chapter V
Rights and Interests Relating to Property
Article 28 The State shall guarantee that women
enjoy the equal right, with men, to property.
Article 29 In joint property relationship derived
from marriage or family, the rights and interests
enjoyed by women according to law may not be infringed
upon.
Article 30 Women shall enjoy equal rights with
men in the allotment of responsibility farmland,
or grain ration farmland and in the approval of
housing sites in rural areas, and women's lawful
rights thereto shall not be infringed upon.
After marriage or divorce, women's responsibility
farmland, grain ration farmland and housing sites
shall be secured.
Article 31 Women's equal right, with men, of succession
to property shall be protected by law. Among the
statutory successors in the same order, women
shall not be discriminated against. Widowed women
have the right to dispose of the property inherited
by them, and no one may interfere with the disposition
thereof.
Article 32 Widowed women who have made the predominant
contributions in maintaining their parents-in-law
shall be regarded as the statutory successors
first in order, and their rights of succession
thereto shall not be affected by inheritance in
subrogation.
Chapter VI
Rights Relating to the Person
Article 33 The State shall guarantee that women
enjoy equal rights with men relating to their
persons.
Article 34 Women's freedom of the person shall
be inviolable. Unlawful detention or deprivation
or restriction of women's freedom of the person
by other illegal means shall be prohibited; and
unlawful body search of women shall be prohibited.
Article 35 Women's right of life and health shall
be inviolable. Drowning, abandoning or cruel infanticide
in any manner of female babies shall be prohibited;
discrimination against or maltreatment of women
who gave birth to female babies or women who are
sterile shall be prohibited; cruel treatment causing
injury even death of women by superstition or
violence shall be prohibited; maltreatment or
abandonment of aged women shall be prohibited.
Article 36 Abduction of and trafficking in, or
kidnapping of women shall be prohibited; buying
of women who are abducted and trafficked in, or
kidnapped shall be prohibited.
People's governments and relevant departments
must take timely measures to rescue women who
are abducted and trafficked in, or kidnapped.
If such women have returned to their former places
of residence, nobody may discriminate against
them, and the local people's governments and relevant
departments shall well settle the problems arising
thereafter.
Article 37 Prostitution or whoring shall be prohibited.
It is prohibited for anyone to organize, force,
seduce, shelter or introduce a woman to engage
in prostitution or employ or shelter a woman to
engage in obscene activities with others.
Article 38 Women's right of portrait shall be
protected by law. The use of a woman's portrait
for profit-making purposes in advertisements,
trademarks, window display, books, magazines,
etc., without the consent of the interested woman
shall be prohibited.
Article 39 Women's right of reputation and personal
dignity shall be protected by law. Damage to women's
reputation or personal dignity by such means as
insult, libel and giving publicity to private
affairs shall be prohibited.
Chapter VII
Rights and Interests Relating to Marriage and
Family
Article 40 The State shall guarantee that women
enjoy equal rights with men in marriage and family.
Article 41 The State shall protect women's right
of self-determination in marriage. Interference
with women's freedom of marriage or divorce shall
be prohibited.
Article 42 When a wife terminates gestation as
required by the family planning programme, her
husband may not apply for a divorce within six
months after the operation; this restriction shall
not apply in a case where the wife applies for
a divorce, or when the people's court deems it
necessary to accept the divorce application made
by the husband.
Article 43 A woman shall enjoy equal rights with
her spouse in possessing, utilizing, profiting
from and disposing of the property jointly possessed
by the husband and wife according to law, which
shall not be affected by the status of income
of either party.
Article 44 The State shall protect divorced women's
ownership of their houses.
At the time of divorce, the husband and the wife
shall seek agreement regarding the disposition
of their jointly possessed houses; if they fail
to reach an agreement, the people's court shall
make a judgment in accordance with the actual
circumstances of both parties and by taking into
consideration the rights and interests of the
wife and their child(children), except as otherwise
agreed upon by the two parties.
In a case where the husband and wife jointly rent
a house or a room, the wife's housing shall, at
the time of divorce, be solved according to the
principle of taking into consideration the rights
and interests of the wife and their child(children).
In a case where the husband and wife live in a
house allocated by the unit to which the husband
belongs, if the wife has no housing to live in
at the time of divorce, the husband shall help
her in this regard whenever he can afford to.
Article 45 Both parents shall enjoy the equal
right to guardianship of their minor child(children).
In a case where the father is deceased, incapacitated
or under any other circumstances that make him
unable to act as the guardian of a minor child(children),
nobody may interfere with the mother's right of
guardianship.
Article 46 At the time of divorce, if the wife
becomes sterile because of the sterilization operation
or any other reasons, the problem to bring up
the child(children)shall be so handled that, while
to the advantage of the rights and interests of
the child(children), due consideration shall be
given to the wife's reasonable demands.
Article 47 Women have the right to child-bearing
in accordance with relevant regulations of the
State as well as the freedom not to bear any child.
Where a couple of child-bearing age practise family
planning according to the relevant regulations
of the State, the departments concerned shall
provide safe and effective contraceptives and
techniques, and ensure the health and safety of
the woman receiving any birth-control operation.
Chapter VIII
Legal Responsibility
Article 48 When a woman's lawful rights and interests
are infringed upon, she has the right to request
the competent department concerned for a disposition
or bring a lawsuit in a people's court according
to law.
When a woman's lawful rights and interests are
infringed upon, she may file a complaint with
a women's organization, which shall request the
relevant department or unit to investigate and
deal with the case so as to protect the lawful
rights and interests of the complainant.
Article 49 Where punishments are prescribed by
other laws or regulations for the infringement
upon the lawful rights and interests of women
in violation of the provisions of this Law, punishments
prescribed in such laws of regulation shall apply.Article
50 Anyone who commits any of the following infringements
upon the lawful rights and interests of a woman
shall be ordered to make corrections by his or
her unit or by an organ at a higher level, and
the person who is held directly responsible may,
in light of the specific circumstances, be subjected
to administrative sanctions:
(1) evading, delaying or suppressing the investigation
and disposition of a complaint, a charge or an
exposure regarding an infringement upon the rights
and interests of a woman;
(2) refusing to employ women or raising the employment
standards for women where women shall be employed
in accordance with the provisions of relevant
laws or regulations;
(3) infringing upon women's rights and interests
by violating the principle of equality between
men and women in such aspects as allotment of
housing, promotion in post or in rank, evaluation
and determination of professional and technological
titles;(4) dismissing female staff and workers
by reason of their marriage, pregnancy, maternity
leave, or baby-nursing;
(5) infringing upon women's rights and interests
by violating the principle of equality between
men and women in the allotment of responsibility
farmland or grain ration farmland or the approval
of housing sites;
(6) infringing upon women's rights and interests
by violating the principle of equality between
men and women in such aspects as starting school,
entering a higher school, job assignment upon
graduation, conferment of academic degrees or
dispatch for study abroad.
Anyone who retaliates against a person making
a complaint, a charge or an exposure regarding
an infringement upon a women's rights and interests
shall be ordered to make corrections or be subjected
to administrative sanctions by his or her unit
or an organ at a higher level. If a State functionary
commits retaliation, which constitutes a crime,
the offender shall be investigated for criminal
responsibility in accordance with the provisions
in Article 146 of the Criminal Law.
Article 51 Anyone who employs or shelters any
woman to engage in obscene activities with others
shall be punished by applying mutatis mutandis
the provisions in Article 19 of the Regulations
on Administrative Penalties for Public Security;
if the circumstances are so serious as to constitute
a crime, the offender shall be investigated for
criminal responsibility by applying mutatis mutandis
the provisions in Article 160 of the Criminal
Law.
Article 52 Where an infringement upon a woman's
lawful rights and interests causes loss of property
or other damage, the infringer shall make due
compensation or bear other civil liabilities according
to law.
Chapter IX
Supplementary Provisions
Article 53 Relevant departments under the State
Council may, on the basis of this Law, formulate
relevant regulations, which shall be submitted
to the State Council for approval and then be
implemented.
The standing committees of the people congresses
of provinces, autonomous regions and municipalities
directly under the Central Government may formulate
measures for implementation on the basis of this
Law.
The people's congresses of national autonomous
areas may formulate regulations with appropriate
adaptations or supplements in accordance with
the principles laid down in this Law and in light
of the specific conditions of the national women
in respective areas. Regulations formulated by
autonomous regions shall be submitted to the Standing
Committee of the National People's Congress for
the record; regulations formulated by autonomous
prefectures or autonomous counties shall be submitted
to the standing committees of the people's congresses
of the relevant provinces or autonomous regions
for approval before entering into effect, and
shall also be submitted to the Standing Committee
of the National People's Congress for the record.
AArticle 54 This Law shall enter into force as
of October 1, 1992.
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