Law of the People's Republic of China on the Protection of the Rights and Interests of Women
Law of the People's Republic of China on the Protection of the Rights and Interests of Women
Law of the People's Republic of China on the Protection of the Rights and Interests of Women
Order of the President [1992] No. 58
April 3, 1992
(Adopted at the Fifth Session of the Seventh National People's Congress on April 3, 1992, promulgated by Order No. 58 of the president of the People's Republic of China on April 3, 1992 and effective as of October 1, 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 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 bodily injury to or 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 government 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 their disposition; 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 female adolescents' 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 regulations, 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 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.
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