Catalogue of People's Republic of China (PRC) Law on the Protection of Women and Children's Rights and Interests

Chapter I General Principles

Article 1 This Law is formulated in accordance with the Constitution and the actual situation of China 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 political, economic, cultural, social and family life.

The state protects the special rights and interests enjoyed by women according to law and gradually improves the social security system for women.

Discrimination, abuse and mutilation of women are prohibited.

Article 3 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 4 the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall take organizational measures to coordinate the relevant departments in the protection of women's rights and interests. The specific institutions shall be formulated by the people's governments of the State Council and provinces, autonomous regions and municipalities directly under the Central Government.

Article 5 All-China Women's Federation and women's federations at all levels represent and safeguard the interests of women from all ethnic groups and walks of life 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 6 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.

Seventh people's governments at all levels and relevant departments shall commend and reward organizations and individuals that have made remarkable achievements in protecting women's legitimate rights and interests.

Chapter II Political Rights

Article 8 The state guarantees that women enjoy equal political rights with men.

Article 9 Women have the right to manage state affairs, economic and cultural undertakings and social affairs through various channels and forms.

Article 10 Women enjoy equal rights with men to vote and stand for election.

The National People's Congress and local people's congresses at various levels should have an appropriate number of women deputies, and gradually increase the proportion of women deputies.

Article 11 The state actively trains and selects female cadres.

When appointing cadres, state organs, social organizations, enterprises and institutions must adhere to the principle of equality between men and women and attach importance to training and selecting female cadres as leading members.

The state attaches importance to training and selecting minority women cadres.

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

Thirteenth criticisms or reasonable suggestions for the protection of women's rights and interests, the relevant departments should listen to 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 14 The state guarantees that women enjoy equal cultural and educational rights with men.

Fifteenth schools and relevant departments should implement the relevant provisions of the state to ensure that women enjoy equal rights with men in enrollment, further education, graduation distribution, conferring degrees and sending them abroad to study.

Sixteenth schools should take measures in education, management and facilities according to the characteristics of female teenagers to ensure the healthy development of female teenagers.

Seventeenth 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 ensure that school-age female children and adolescents complete compulsory education for a specified number of years.

Article 18 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.

Article 19 People's governments at all levels and relevant departments shall take measures to organize women to receive vocational education and technical training.

Article 20 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 Rights and Interests

Article 21 The state guarantees that women enjoy equal labor rights with men.

Twenty-second 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.

It is forbidden to employ female workers under the age of sixteen.

Article 23 Men and women receive equal pay for equal work.

Men and women are equal in housing distribution and welfare.

Twenty-fourth in the promotion, promotion, evaluation of professional and technical positions, we should adhere to the principle of equality between men and women, and shall not discriminate against women.

Twenty-fifth any unit shall, according to the characteristics of women, protect the safety and health of women in work and labor according to law, and shall not arrange jobs and labor that are not suitable for women.

Women receive special protection during menstruation, pregnancy, childbirth and lactation.

Article 26 No unit may dismiss female employees or unilaterally terminate labor contracts on the grounds of marriage, pregnancy, maternity leave or breastfeeding.

Article 27 The state develops social insurance, social relief and medical and health undertakings to create conditions for elderly, sick or incapacitated women to get material help.

Chapter V Property Rights and Interests

Article 28 The state guarantees that women enjoy equal property rights with men.

Article 29 In marriage and family property relations, women's rights and interests shall not be infringed upon according to law.

Article 30 In rural areas, men and women enjoy equal rights in the division of responsibility fields and grain ration fields. And the approval of homestead shall not infringe upon the legitimate rights and interests of women.

After a woman is married or divorced, her responsibility field, grain ration field and homestead should be guaranteed.

Article 31 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 32. Widowed women are the first legal heirs of their in-laws, and their inheritance rights are not affected by their children subrogation inheritance.

Chapter VI Personal Rights

Article 33 The state guarantees that women enjoy equal personal rights with men.

Article 34 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 35 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 and violence; Abuse or abandonment of elderly women is prohibited.

Article 36 Abduction and abduction of women are prohibited; It is forbidden to buy women who have been trafficked or kidnapped.

People's governments and relevant departments must take timely measures to rescue abducted and kidnapped women. No one may discriminate against trafficked or kidnapped women returning to their original places, and the local people's government and relevant departments shall do a good job in the aftermath.

Article 37 Prostitution and whoring are prohibited.

It is forbidden to organize, force, seduce, shelter or introduce women to prostitution or hire or shelter women to engage in obscene activities with others.

Article 38 Women's right to portrait is protected by law. Without my consent, female portraits may not be used for profit through advertisements, trademarks, windows, books, magazines and other forms.

Article 39 Women's right to reputation and personal dignity shall be protected by law. It is forbidden to damage women's reputation and personality by insulting, slandering or disclosing privacy.

Chapter VII Marriage and Family Rights and Interests

Article 40 The state guarantees that women enjoy equal rights with men in marriage and family.

Article 41 The state protects women's autonomy in marriage. It is forbidden to interfere with women's freedom of marriage and divorce.

Article 42 If the woman terminates her pregnancy according to the requirements of family planning, the man shall not file for divorce within six months after the operation; 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 43 Women shall enjoy equal rights with their spouses to possess, use, profit from and dispose of the joint property of husband and wife, and shall not be affected by the income of both parties.

Article 44 The state protects the ownership of divorced women's houses.

At the time of divorce, the house jointly owned by husband and wife is divided by mutual agreement; 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 the rights and interests of the woman and children. Unless otherwise agreed by the husband and wife.

When the husband and wife rent the same house, the wife's house shall be settled by agreement in accordance with the principle of taking care of the rights and interests of the wife and children.

Husband and wife live in the house of the man's unit. At the time of divorce, if the woman has no room to live in, the man can help her solve it if he can.

Article 45 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 46 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 47 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.

Chapter VIII Legal Liability

Article 48 When a woman's legitimate rights and interests are infringed, the infringed person has the right to request the relevant competent department to handle it, or bring a lawsuit to the people's court according to law.

When women's legitimate rights and interests are infringed, the infringed person may complain to women's organizations, and women's organizations shall ask the relevant departments or units to investigate and deal with them, so as to safeguard the legitimate rights and interests of the infringed women.

Article 49 Anyone who violates the provisions of this Law and infringes upon women's legitimate rights and interests, and other laws and regulations have already provided for punishment, shall be punished in accordance with the provisions of such laws and regulations.

Fiftieth any of the following violations of women's legitimate rights and interests shall be ordered by their units or higher authorities to make corrections, and administrative sanctions may be imposed on the persons who are directly responsible according to the specific circumstances:

(1) Failing to investigate, handle, prevaricate, delay or suppress complaints, accusations and exposures that infringe upon women's rights and interests;

(two) in accordance with the provisions of laws and regulations, should be hired and refused to hire women or improve employment conditions for women;

(three) in the allocation of housing and promotion, promotion, evaluation of professional and technical positions. Violating the principle of equality between men and women and infringing on the legitimate rights and interests of women;

(4) dismissing female employees on the grounds of marriage, pregnancy, maternity leave and breastfeeding;

(five) the division of responsibility field and ration field. , as well as the approval of the homestead, which violates the principle of equality between men and women and infringes on the legitimate rights and interests of women;

(six) in violation of the principle of equality between men and women, the legitimate rights and interests of women are infringed upon in enrollment, further education, graduation distribution, conferring degrees, and sending them abroad to study.

Those who retaliate against those who complain, accuse or report violations of women's rights and interests shall be ordered by their units or higher authorities to make corrections or be given administrative sanctions; State functionaries who take revenge and constitute a crime shall be investigated for criminal responsibility in accordance with the provisions of Article 146 of the Criminal Law.

Article 51 Whoever hires or shelters women to engage in obscene activities with others shall be punished by applying mutatis mutandis the provisions of Article 19 of the Regulations on Administrative Penalties for Public Security; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated by applying mutatis mutandis the provisions of Article 160 of the Criminal Law.

Article 52 Anyone who infringes upon women's legitimate rights and interests and causes property losses or other damages shall make compensation or bear other civil liabilities according to law.

Chapter IX Supplementary Provisions

Article 53 The relevant departments of the State Council may formulate relevant regulations according to this Law and submit them to the State Council for approval and implementation.

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, reported to the NPC Standing Committee for the record; The provisions of an autonomous prefecture or autonomous county shall take effect after being approved by the standing committee of the people's congress of the province or autonomous region, and shall be reported to the NPC Standing Committee for the record.

Article 54 This Law shall come into force as of June 65438 +099265438+ 10/day.