Highlights of the New Law on the Protection of Women's Rights and Interests

On June 30, 2022, the newly revised Law on the Protection of Women's Rights and Interests in People's Republic of China (PRC) was deliberated and adopted at the 37th session of the 13th the National People's Congress Standing Committee (NPCSC), and came into force on June 38, 2023. This revision has made a positive response to the violation of women's legitimate rights and interests in the fields of further education, employment, property distribution and personal rights. Let's take a look at the highlights of this law.

Highlight 1

Making equality between men and women a basic national policy has increased the legislative purpose of promoting women's all-round development.

It is emphasized that the state takes necessary measures to promote equality between men and women, eliminate all forms of discrimination against women, and prohibit exclusion and restriction of women's rights enjoyed and exercised according to law. It is clear that the government not only formulates the outline of women's development, but also undertakes the function of organizing and implementing it. The government at or above the county level should include the funds needed for the protection of women's rights and interests in the financial budget at the corresponding level. It stipulates the evaluation mechanism of gender equality, the statistical investigation system of women's development and the protection of rights and interests, and clarifies that the state will incorporate the basic national policy of gender equality into the national education system.

Highlight 2

Highlight the important position of individual and personality rights and interests

The sixth chapter "Personal Rights" was moved forward as the third chapter, and the title of the chapter was changed to "Personal Rights and Interests", emphasizing that women's personal dignity is inviolable. It is emphasized that it is forbidden to carry out non-medical fetal sex identification and sex-selective artificial termination of pregnancy, and it is stipulated that medical institutions should respect women's own wishes when carrying out related medical activities. To stipulate the responsibilities of the government and relevant departments, villagers' committees and residents' committees in finding and reporting cases, and in rescuing, resettling, rescuing and caring for trafficked women.

Highlight 3

Connect with the provisions of Article 10 10 of the Civil Code, and further improve the prevention and handling mechanism of sexual harassment.

Highlight 4

Strengthen the security obligation of accommodation operators

Self-protection consciousness From the cultivation of students, it is stipulated that schools should carry out physical hygiene, mental health and self-protection education according to the age of female students, and take measures in education, management and facilities to improve female students' self-protection consciousness and ability to prevent sexual assault and sexual harassment. To combat sexual harassment in the workplace, employers should take measures to prevent and stop sexual harassment of women, such as formulating rules and regulations, clarifying the responsible personnel of institutions, carrying out training activities, taking safety measures, and setting up complaint channels.

Highlight 4

Strengthen the security obligation of accommodation operators

Accommodation operators shall timely and accurately register the information of accommodation personnel, improve the rules and regulations of accommodation services and strengthen safety measures; Illegal and criminal acts that may infringe upon women's rights and interests shall be reported to the public security organs in a timely manner. Those who fail to fulfill their reporting obligations shall be given a warning, ordered to suspend business for rectification or revoke their business licenses and related certificates, and be fined 1 10,000 yuan but not more than 50,000 yuan.

Highlight 5

Strengthen the protection of women's rights and interests in marriage and friendship, and expand the scope of application of personal safety protection orders.

It is forbidden to pester and harass women, and to disclose and disseminate women's privacy and personal information on the grounds of falling in love and making friends, or after the termination of love relationship or divorce. If a woman suffers from the above-mentioned infringement or faces the real danger of the above-mentioned infringement, she may apply to the people's court for a personal safety protection order. The new law does not limit the application conditions to divorce proceedings, but expands the scope of protection and gives women more sense of security.

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Add general provisions to eliminate gender discrimination in employment, and clarify the specific situation of gender discrimination in employment.

It is stipulated that people's governments at all levels and relevant departments should improve employment security policies and measures, prevent and correct gender discrimination in employment, create a fair employment and entrepreneurial environment for women, and provide necessary support and help for women with employment difficulties. In the process of recruitment (employment), unless otherwise stipulated by the state, the employer shall not carry out the following acts: (1) limiting men or stipulating that men are preferred; (two) in addition to personal basic information, further inquiry or investigation of the marriage and childbirth of female job seekers; (3) Taking pregnancy examination as an entry medical examination item; (4) restricting marriage and childbearing or taking marriage and childbearing status as a condition for filing (employment); (five) other acts of refusing to hire women on the grounds of gender or raising the standards for hiring women differently.

Highlight 7

It is clear that during the divorce proceedings, both husband and wife have the obligation to declare the property jointly owned by husband and wife to the people's court.

It is clear that it is the legal obligation of the parties to declare the marital property during the divorce proceedings, and there is a legal basis for the people's court to order the parties to declare the marital property truthfully. If a party fails to truthfully declare or refuses to declare the joint property of husband and wife, it is an illegal act of not fulfilling legal obligations, and the people's court may presume that the party has the subjective intention of concealing the joint property of husband and wife. In the case that divorce is allowed and the husband and wife divide the same property, the parties may divide the property less or not.

Highlight 8

Add a chapter on relief measures and innovate relief methods.

A new chapter, Chapter VIII "Relief Measures", is added to stipulate that women's organizations such as women's federations have the right to request and assist relevant departments or units to investigate and deal with violations of women's rights and interests; The institutions responsible for women's work of the people's government and the women's Federation may urge the relevant departments or units to investigate and deal with them according to law; The departments of human resources and social security may join the trade unions and women's federations to conduct interviews with employers who infringe upon women's labor and social security rights and interests; Procuratorial organs can issue procuratorial suggestions on cases that infringe on women's legitimate rights and interests and cause damage to social public interests, and procuratorial organs can also bring public interest litigation according to law; State organs, social organizations, enterprises and institutions can support women who have been infringed to sue in people's courts.

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Perfecting legal responsibility and making the law grow teeth

It is stipulated that if the government and relevant departments, villagers' committees and residents' committees fail to fulfill their reporting obligations on abducting and selling women, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; Sexual harassment of women shall be criticized and educated by the public security organs or issued a warning letter, and shall be punished by their units according to law; If schools and employers fail to take necessary measures to prevent and stop sexual harassment, resulting in violation of women's rights and interests or adverse social impact, the higher authorities or competent departments shall order them to make corrections; Refuses to correct or if the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If the employer has gender discrimination in employment, the human resources and social security department shall order it to make corrections; Refuses to correct or if the circumstances are serious, a fine of 1 10,000 yuan but not more than 50,000 yuan shall be imposed.