Regulations on the Protection of Rights and Interests of Women and Children

The Law on the Protection of Women's Rights and Interests in People's Republic of China (PRC) (1992) was adopted at the Fifth Session of the Seventh National People's Congress on April 3, 2005, and was adopted at the Seventeenth Session of the Standing Committee of the Tenth NPC on August 28, 2005. Table of Contents on Amending the Laws of People's Republic of China (PRC) Chapter I General Provisions Chapter II Political Rights Chapter III Cultural and Educational Rights Chapter IV Labor and Social Security Rights Chapter V Property Rights Chapter VI Personal Rights Chapter VII Marriage and Family Rights Chapter VIII Legal Liability Chapter IX Supplementary Provisions Chapter I General Provisions Article 1 This Law is formulated in accordance with the Constitution and China's actual situation. Article 2 Women enjoy equal rights with men in political, economic, cultural, social and family life. Achieving gender equality is the basic national policy of the country. The state shall take necessary measures to gradually improve various systems for protecting women's rights and interests and eliminate all forms of discrimination against women. The state protects the special rights and interests enjoyed by women according to law. Discrimination, abuse, abandonment and mutilation of women are prohibited. Article 3 the State Council shall formulate an outline for the development of women in China and incorporate it into the national economic and social development plan. The local people's governments at or above the county level shall, in accordance with the China Women's Development Program, formulate the women's development plan in their respective administrative areas and incorporate it into the national economic and social development plan. Article 4 It is the common responsibility of the whole society to protect the legitimate rights and interests of women. State organs, social organizations, enterprises and institutions, and grass-roots mass autonomous organizations in urban and rural areas 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 be self-respecting, self-confident, self-reliant and self-reliant, and uses laws to safeguard women's legitimate rights and interests. Women should abide by the laws of the state, respect social morality and fulfill their obligations stipulated by law. Article 6 People's governments at all levels should attach importance to and strengthen the protection of women's rights and interests. The people's governments at or above the county level shall be responsible for the work of women and children, and shall be responsible for organizing, coordinating, guiding and urging the relevant departments to do a good job in safeguarding women's rights and interests. The relevant departments of the people's governments at or above the county level shall do a good job in safeguarding women's rights and interests within the scope of their respective duties. Article 7 All-China Women's Federation and local women's federations at all levels represent and safeguard the interests of women from all ethnic groups and walks of life in accordance with the law and the articles of association of All-China Women's Federation, and do a good job in safeguarding women's rights and interests. Trade unions and the Communist Youth League should do a good job in safeguarding women's rights and interests within their respective scope of work. Article 8 People's governments at all levels and relevant departments shall commend and reward organizations and individuals that have made remarkable achievements in safeguarding women's legitimate rights and interests. Chapter II Political Rights Article 9 The State guarantees that women enjoy 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. Formulate laws, regulations, rules and public policies, and listen to the opinions of the Women's Federation on major issues involving women's rights and interests. Women and women's organizations have the right to put forward opinions and suggestions to state organs at all levels to protect women's rights and interests. Article 11 Women enjoy equal rights with men to vote and stand for election. Among the deputies to the National People's Congress and local people's congresses at various levels, there should be an appropriate number of women deputies. The state takes measures to gradually increase the proportion of women deputies to the National People's Congress and local people's congresses at various levels. Among the members of residents' committees and villagers' committees, women shall have an appropriate number of places. Article 12 The state actively trains and selects female cadres. State organs, social organizations, enterprises and institutions must adhere to the principle of equality between men and women in training, selecting and appointing cadres, and have an appropriate number of women as leading members. The state attaches importance to training and selecting minority women cadres. Article 13 All-China Women's Federation and local women's federations at all levels actively participate in democratic decision-making, democratic management and democratic supervision of state and social affairs on behalf of women. Women's federations at all levels and their group members may recommend female cadres to state organs, social organizations, enterprises and institutions. Fourteenth criticisms or reasonable suggestions for protecting women's rights and interests, the relevant departments should listen and adopt; The relevant departments must find out the facts and be responsible for handling the complaints, accusations and exposures against women's rights and interests, and no organization or individual may suppress or take revenge. Chapter III Cultural and Educational Rights and Interests Article 15 The State guarantees that women enjoy equal cultural and educational rights with men. Sixteenth schools and relevant departments should implement the relevant provisions of the state to ensure that women enjoy equal rights with men in enrollment, further studies, graduation distribution, conferring degrees and sending them abroad. When enrolling students, schools shall not refuse to admit women or raise the admission standards for women on the grounds of gender, except for special majors. Seventeenth schools should take measures in education, management and facilities according to the characteristics of female teenagers to ensure the healthy development of female teenagers. Eighteenth parents or other guardians must fulfill the obligation to ensure that school-age female children and adolescents receive compulsory education. Unless approved by the local people's government due to illness or other special circumstances, the local people's government shall criticize and educate parents or other guardians who refuse to send school-age female children and adolescents to school, and take effective measures to order them to go 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 school-age female children and adolescents in poverty, disability and floating population complete compulsory education. Article 19 People's governments at all levels shall, in accordance with regulations, incorporate the work of eliminating women's illiteracy and semi-illiteracy into literacy and continuing education plans after literacy, adopt organizational forms and working methods that are in line with women's characteristics, and organize and supervise the relevant departments to implement them. Twentieth people's governments at all levels and relevant departments shall, according to the needs of urban and rural women, take measures to organize women to receive vocational education and practical technical training. Article 21 State organs, social organizations, enterprises and institutions shall implement the relevant provisions of the state to ensure that women engage in scientific, technological, literary, artistic and other cultural activities and enjoy equal rights with men. Chapter IV Labor and Social Security Rights and Interests Article 22 The State guarantees that women enjoy equal labor rights and social security rights with men. Twenty-third units in the recruitment of workers, except for jobs or positions that are not suitable for women, shall not refuse to hire women or raise the employment standards for women on the grounds of gender. All units shall sign labor (employment) contracts or service agreements with female employees in accordance with the law, and the labor (employment) contracts or service agreements shall not stipulate the contents that restrict the marriage and childbirth of female employees. It is forbidden to recruit underage women under the age of 16, unless otherwise stipulated by the state. Article 24 Men and women receive equal pay for equal work. Women enjoy equal rights with men in enjoying welfare benefits. Twenty-fifth in the promotion, promotion, evaluation of professional and technical positions, etc., should adhere to the principle of equality between men and women, and shall not discriminate against women. Article 26 Any unit shall, according to the characteristics of women, protect women's safety and health in work and labor according to law, and may not arrange jobs and labor that are not suitable for women. Women receive special protection during menstruation, pregnancy, childbirth and lactation. Article 27 No unit may reduce the wages of female employees, dismiss female employees or unilaterally terminate the labor (employment) contract or service agreement due to marriage, pregnancy, maternity leave or breastfeeding. However, unless the female employee requests to terminate the labor (employment) contract or service agreement. All units shall not discriminate against women on the grounds of sex when implementing the national retirement system. Article 28 The state develops social insurance, social assistance, social welfare and medical and health undertakings, and protects women's rights and interests in social insurance, social assistance, social welfare and medical and health care. The state advocates and encourages social welfare activities to help women. Article 29 The State promotes the maternity insurance system and establishes and improves other maternity protection systems. Local people's governments at all levels and relevant departments shall provide necessary maternity assistance to poor women in accordance with relevant regulations. Chapter V Property Rights and Interests Article 30 The State guarantees that women enjoy equal property rights with men. Thirty-first, in the marriage and family property relations, the rights and interests enjoyed by women according to law are inviolable. Thirty-second women enjoy equal rights with men in rural land contract management, income distribution of collective economic organizations, use of compensation for land expropriation or requisition, and use of homestead. Article 33 No organization or individual may infringe upon the rights and interests of women in rural collective economic organizations on the grounds that women are unmarried, married, divorced or widowed. If a married man settles in the woman's residence, the man and his children enjoy the same rights and interests as the members of the local rural collective economic organizations. Article 34 Women's equal right to inherit property with men is protected by law. Women shall not be discriminated against among the legal heirs in the same order. Widowed women have the right to dispose of their inherited property, and no one may interfere. Article 35 A widowed woman who has fulfilled her main maintenance obligations to her in-laws is the first legal heir of her in-laws, and her inheritance right is not affected by her children subrogation inheritance. 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; It is forbidden to illegally search women's bodies. Article 38 Women's right to life and health is inviolable. No drowning, abandonment or mutilation of baby girls; Discrimination and abuse of women who give birth to baby girls and infertile women are prohibited; It is forbidden to harm women by superstition, violence and other means; Abuse and abandonment of sick, disabled and elderly women are prohibited. Article 39 Abduction and kidnapping of women are prohibited; It is forbidden to buy women who have been trafficked or kidnapped; It is forbidden to obstruct the rescue of abducted and kidnapped women. People's governments at all levels and public security, civil affairs, labor and social security, health and other departments shall, in accordance with their duties, take timely measures to rescue abducted and kidnapped women and do a good job in the aftermath. The Women's Federation shall assist and cooperate with relevant work. No one may discriminate against women who have been trafficked or kidnapped. Article 40 Sexual harassment of women is prohibited. Women victims have the right to complain to the unit and the relevant authorities. Article 41 Prostitution and whoring are prohibited. It is forbidden to organize, force, seduce, shelter or introduce women to prostitution or engage in obscene activities against women. It is forbidden to organize, force or induce women to perform obscene performances. Article 42 Women's right to reputation, honor, privacy and portrait shall be protected by law. It is forbidden to damage women's personal dignity by insulting or slandering. It is forbidden to degrade and damage women's personality through mass media or other means. Without my consent, female portraits may not be used for profit through advertisements, trademarks, exhibition windows, newspapers, periodicals, books, audio-visual products, electronic publications, the Internet and other forms. Chapter VII Rights and Interests of Marriage and Family 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 forbidden to interfere with women's freedom of marriage and divorce. Article 45 A husband may not file for divorce during pregnancy, within one year after delivery or within six months after termination of pregnancy. This restriction shall not apply if the woman files for divorce, or if the people's court deems it really necessary to accept the man's request for divorce. 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 departments, as well as urban and rural grass-roots mass autonomous organizations and social groups, should prevent and stop domestic violence within their respective functions and duties, and provide assistance to women victims according to law. Article 47 Women and their spouses shall enjoy equal rights to possess, use, benefit from and dispose of the joint property of husband and wife according to law, and shall not be affected by the income of both parties. Husband and wife agree in writing that the property obtained during the marriage relationship belongs to each other, and if the woman bears more obligations such as raising children, caring for the elderly and assisting the man in his work, she has the right to demand compensation from the man at the time of divorce. Article 48 In case of divorce, the house jointly owned by husband and wife shall be divided by both parties through consultation. If the agreement fails, the people's court shall make a judgment according to the specific conditions of both parties and in line with the principle of taking care of children and women's rights and interests. Unless otherwise agreed by the husband and wife. When husband and wife rent the same house, the woman's house should be solved in accordance with the principle of taking care of children and the woman's rights and interests. Article 49 Both parents shall enjoy equal custody of minor children. If the father dies, loses his capacity for civil conduct or cannot be the guardian of minor children under other circumstances, no one may interfere with the mother's custody. Article 50 If the woman loses fertility due to sterilization or other reasons at the time of divorce, the reasonable requirements of the woman shall be taken care of under conditions conducive to the rights and interests of the children. Article 51 Women have the right to have children in accordance with relevant state regulations, and also have the freedom not to have children. Couples of childbearing age have family planning in accordance with the relevant provisions of the state, and the relevant departments shall provide safe and effective contraceptives and technologies to ensure the health and safety of women undergoing birth control surgery. The state implements the system of premarital health care and maternal health care, and develops maternal and child health care. People's governments at all levels shall take measures to ensure that women enjoy family planning technical services and improve their reproductive health. Chapter VIII Legal Liability Article 52 If a woman's legitimate rights and interests are infringed upon, she has the right to ask the relevant department to handle it according to law, or apply to an arbitration institution for arbitration according to law, or bring a lawsuit to a people's court. The local legal aid institutions or people's courts shall give help to women who need legal aid or judicial assistance in financial difficulties, and provide them with legal aid or judicial assistance according to law. Article 53 When women's legitimate rights and interests are infringed, they may complain to women's organizations, which shall safeguard the legitimate rights and interests of the infringed women and have the right to request and assist relevant departments or units to investigate and deal with them. The 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 female victims who need help in litigation. Women's federations or related women's organizations can expose and criticize the acts that infringe on the interests of specific women groups through mass media, and have the right to ask relevant departments to investigate and deal with them according to law. Article 55 Whoever, in violation of the provisions of this Law, infringes upon the rights and interests of women in rural collective economic organizations on the grounds of unmarried, married, divorced or widowed. , or married men have settled in the woman's residence, infringing on the rights and interests of boys and girls who are equal to the members of the local rural collective economic organizations, the Township People's Government shall mediate according to law; The victim may also apply to the rural land contract arbitration institution for arbitration according to law, or bring a lawsuit to the people's court, which shall accept it according to law. Fifty-sixth in violation of the provisions of this law, violation of women's legitimate rights and interests, other laws and regulations provide administrative punishment, from its provisions; Causing property losses or other damage, it shall bear civil liability according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 57 Whoever, in violation of the provisions of this Law, refuses to investigate and deal with complaints, accusations and exposures that infringe upon women's rights and interests, shirks, delays or suppresses them, or takes revenge on complaints, accusations and exposures, shall be ordered by the unit to which he belongs, the competent department or the higher authorities to make corrections, and the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law. If a state organ or its staff fails to perform their duties according to law, fails to stop the violation of women's rights and interests in time or fails to give necessary help to the victimized women, resulting in serious consequences, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law by their units or higher authorities. Anyone who violates the provisions of this Law and infringes on women's cultural and educational rights, labor and social security rights, personal property rights and marriage and family rights shall be ordered to make corrections by his unit, competent department or higher authorities. If the directly responsible person in charge and other directly responsible personnel belong to national staff, they shall be given administrative sanctions by their units or higher authorities according to law. Article 58 If sexual harassment or domestic violence is committed against women in violation of the provisions of this Law, which constitutes a violation of public security administration, the victim may request the public security organ to impose administrative punishment according to law, or bring a civil lawsuit to the people's court according to law. Article 59 Whoever, in violation of the provisions of this Law, demeans or damages women's personality through mass media or other means shall be ordered by the culture, radio, film and television, press and publication or other relevant departments to make corrections according to their respective functions and powers, and shall be given administrative punishment according to 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 measures for implementation in accordance with this Law. The people's congresses of ethnic autonomous areas may, in accordance with the principles stipulated in this Law and in light of the specific conditions of local ethnic women, formulate flexible or supplementary provisions. The provisions of the autonomous region shall take effect after being approved by the NPC Standing Committee; The provisions of an autonomous prefecture or autonomous county shall take effect after being approved by the standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported to the NPC Standing Committee for the record. Article 61 This Law shall come into force as of June 65438 +099265438+ 10/day.