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中华人民共 和国妇女权益保障法(修正)英文版

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Promulgation date

2005/08/28

Effective region

NATIONAL

Promulgator

Standing Committee of the National People's Congress

Document no

Order of the President [2005] No. 40

Effectiveness

Effective

Effective date

2005/10/01

Category

Civil Right & Obligation ( Constitutional & National Law->Civil Right & Obligation )


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

Order of the President [2005] No. 40

August 28, 2005

(Adopted at the Fifth Session of the Seventh National People's Congress on April 3, 1992 and revised in accordance with the Decision of the Seventeenth Session of the Standing Committee of the 10th National People's Congress on Decision on Revising the Law of the People's Republic of China on the Protection of the Rights and Interests of Women on August 28, 2005)

Contents

Chapter I General Provisions
Chapter II Political Rights
Chapter III Cultural and Educational Rights and Interests
Chapter IV Rights and Interests Relating to Labor and Social Security
Chapter V Property Rights and Interests
Chapter VI Personal Rights
Chapter VII Marriage and Family Rights and Interests
Chapter VIII Legal Liabilities
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 the legitimate rights and interests of women, promote the equality between men and women and allow full play to the women's role in socialism modernization construction.

Article 2 Women shall enjoy equal rights with men in various aspects such as political, economic, cultural, social and family life.
 
It is a basic State policy to realize equality between men and women. The State shall take necessary measures to gradually improve various systems for the protection of the rights and interests of women and to eliminate all kinds of discrimination against women.
 
The State shall protect the special rights and interests enjoyed by women in accordance with the law.
 
It shall be prohibited to discriminate against, maltreat, abandon, or cruelly injure or kill women.
 
(Related articles: laws and regulations: one piece)

Article 3 The State Council shall formulate a program for the development of Chinese women and shall incorporate it into the plan on the national economy and social development.
 
Each local people's government at the county level or above shall, according to the program for the development of Chinese women, formulate a plan on the development of women within its respective administrative jurisdiction and shall incorporate it into the plan on development of the national economy and social development.

Article 4 To protect the legitimate rights and interests of women shall be a common responsibility of the whole society. The state organs, social organizations, enterprise and institution 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 the rights and interests of women.
 
The State shall take effective measures to provide necessary conditions for women to exercise their rights in accordance with the law.

Article 5 The State shall encourage women to be self-esteemed, self-confident, self-supportive and self-reliant, and to safeguard their own legitimate 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 6 The people's governments at all levels shall attach importance to and strengthen the protection of the rights and interests of women.
 
The institutions of the people's governments at the county level or above that are responsible for the work concerning women and children shall be responsible for organizing, coordinating, guiding and urging the relevant departments to manage the protection of the rights and interests of women.
 
The relevant departments of the people's governments at the county level or above shall, within the scope of their respective responsibilities, manage the protection of the rights and interests of women.

Article 7 The All-China Women's Federation and local women's federations at all levels shall, in accordance with the law and the constitution of the All-China Women's Federation, represent and safeguard the interests of women of all nationalities and all walks of life, and manage the work of safeguarding the rights and interests of women.
 
The trade unions and the communist youth leagues shall, within their respective working scope, manage the work of safeguarding the rights and interests of women.

Article 8 The people's governments at all levels and relevant departments shall commend and reward the organizations and individuals that have made notable achievements in protecting the legitimate rights and interests of women.

Chapter II Political Rights

Article 9 The State shall ensure that women enjoy equal political rights with men.

Article 10 Women shall have the right to administer the State affairs, manage economic and cultural undertakings and conduct the social affairs through various channels and in various ways.
 
When any law, rule, regulation or public policy concerning the important issues related to the rights and interests of women is formulated, the opinions of the women's federations shall be taken into account.
 
Women and women's organizations shall have the right to put forward opinions and suggestions on the protection of the rights and interests of women to the state organs at all levels.

Article 11 Women shall enjoy the equal right with men to vote and to stand for election.
 
Among representatives of the National People's Congress and local people's congresses at all levels, there shall be an appropriate number of women representatives. The State shall take measures to gradually raise the proportion thereof.
 
Among the members of the residents' committees and villagers' committees, there shall be an appropriate number of women members.

Article 12 The State shall actively cultivate and select female cadres.
 
The state organs, social organizations, enterprise and institution must adhere to the principle of equality between men and women in cultivating, selecting and appointing cadres, and shall have an appropriate number of female cadres as leading members.
 
The State shall attach importance to the cultivation and selection of female cadres of minority nationalities.

Article 13 The All-China Women's Federation and the local women's federations at all levels shall, on behalf of women, actively participate in the democratic decision-making, management and supervision of the State and social affairs.
 
The women's federations at all levels and their member organizations may recommend female cadres to the state organs, social organizations, enterprise and institution.

Article 14 The relevant departments shall listen to and accept criticisms or rational suggestions regarding the protection of the rights and interests of women; with respect to complaints or charges against, or exposure of infringement upon the rights and interests of women, the relevant departments must ascertain the facts, and be responsible for the disposal thereof and no organization or individual shall suppress such complaints, charges or exposures or resort to retaliation.

Chapter III Cultural and Educational Rights and Interests

Article 15 The state shall ensure that women enjoy equal cultural and educational rights and interests with men.

Article 16 Schools and relevant departments shall, by implementing the relevant State provisions, ensure that women enjoy equal rights with men in such aspects as enrollment, admission to schools of a higher level, job assignment upon graduation, conferment of academic degrees, and dispatch for study abroad.
 
Where a school recruits students, it shall not, except for some particular specialties, refuse to recruit female students for the reason of gender or raise the recruitment standards for female students.

Article 17 Schools shall, in light of the characteristics of female adolescents, take measures in such aspects as education, management and facilities so as to ensure their sound development both in body and in mind.

Article 18 Parents or other guardians must perform their obligations 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 government shall admonish and criticize them and, by taking 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 government not to go to school.
 
The government, society and schools shall take effective measures to solve the actual difficulties for the female school-age children or adolescents to go to school and shall create conditions to ensure that the female school-age children or adolescents among the poor, disabled and floating population to complete the compulsory education.

Article 19 The people's governments at all levels shall, in accordance with the relevant provisions, incorporate the work of eliminating illiterate or semiliterate among women into plans for illiterate elimination and post-elimination further education and, by adopting organizational forms and working methods in line with women's characteristics, organize and supervise the relevant departments in the implementation thereof.

Article 20 The people's governments at all levels and the relevant departments shall, in light of the needs of the town and rural women, organize women to receive vocational education and practical technical training.

Article 21 The state organs, social organizations, enterprise and institution shall implement the relevant State provisions and ensure that women enjoy equal rights with men in participation in scientific, technical, literary, artistic and other cultural activities.
 
(Related articles: one case)

Chapter IV Rights and Interests Relating to Labor and Social Security

Article 22 The State shall ensure that women enjoy equal rights relating to labor and social security with men.

Article 23 Where an entity employs staff and workers, with the exception of special types of work or posts unsuitable to women, it shall not refuse to employ women for the reason of gender or raise the employment standards for women.
 
Where an entity employs a woman staff or worker, it shall, in accordance with the law, conclude and sign a labor (employment) contract or service agreement with her, which shall not contain restrictions on her matrimony and procreation.
 
It shall be prohibited to employ female minors under the age of sixteen, unless otherwise provided by the State.

Article 24 Equal pay for equal work shall be applied to men and women alike. Women shall enjoy equal rights with men in the enjoyment of welfare benefits.

Article 25 In such aspects as promotion in post or rise in rank, evaluation and determination of professional and technical posts, the principle of equality between men and women shall be adhered to and discrimination against women shall not be allowed.
 
(Related articles: one case)

Article 26 Any unit shall, in line with women's characteristics and in accordance with the law, protect women's safety and health during their work and labor, and shall not assign them any work and labor not suitable to women.
 
Women shall be under special protection during the menstrual, pregnant, maternity and breast-feeding periods.
 
(Related articles: one case)

Article 27 No entity shall lower the salary of women staff and workers, dismiss them, or unilaterally terminate the labor (employment) contracts or service agreements with them for the reason of marriage, pregnancy, maternity leave or breast-feeding, unless they otherwise require to terminate the labor (employment) contracts or service agreements.
 
No entity shall discriminate against women for the reason of gender while implementing the State retirement system.
 
(Related articles: one case)

Article 28 The State shall develop social insurance, social assistance, medical and hygienic undertaking so as to ensure that women enjoy the rights and interests in respect of social insurance, social assistance, social welfare and health care.
 
The State shall promote and encourage the social commonweal activities aiming to help women.

Article 29 The State shall implement the maternity insurance system and shall establish and improve other safeguarding systems relating to procreation.
 
The local people's governments at all levels and the relevant departments shall, in accordance with the relevant provisions, provide poor women with necessary procreation assistance.

Chapter V Property Rights and Interests

Article 30 The State shall ensure that women enjoy equal property rights and interests with men.
 
(Related articles: two cases)

Article 31 In jointly-owned property relationship derived from marriage or family, the rights and interests enjoyed by women in accordance with the law shall not be infringed upon.

Article 32 Women shall enjoy equal rights with men in the contractual operation of rural land, distribution of proceeds of collective economic organizations, use of indemnity fee for land requisition or occupation as well as use of housing land.

Article 33 No organization or individual shall infringe upon the rights and interests of a woman in the rural collective economic organization for the reason that she hasn't got married, is married, is divorced or has lost her spouse.
 
Where a husband settles in the domicile of his wife because of marriage, the husband and the children of the couple shall enjoy equal rights and interests with the members of the local rural collective economic organization.

Article 34 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 shall have the right to dispose of the property inherited by them, and no one shall interfere with the disposal thereof.

Article 35 Widowed women who have made predominant contributions in supporting their parents-in-law shall be deemed as the statutory successors first in order, and their rights of succession thereto shall not be affected by child succession by subrogation.

Chapter VI Personal Rights

Article 36 The State shall ensure that women enjoy equal personal rights with men.

Article 37 Women's personal freedom shall be inviolable. It shall be prohibited to unlawfully restrain or deprive or restrict women's personal freedom by other illegal means; and it shall be prohibited to unlawfully search the body of women.

Article 38 Women's right of life and health shall be inviolable. It shall be prohibited to drown, abandon or cruelly injure or kill female babies; it shall be prohibited to discriminate against or maltreat women who gave birth to female babies or who are barren; it shall be prohibited to cruelly injure or kill women by superstitious or violent means; and it shall be prohibited to maltreat or abandon sick, disabled or aged women.

Article 39 It shall be prohibited to abduct and traffick in, or kidnap women; it shall be prohibited to buy women who are abducted and trafficked in, or kidnapped; and it shall be prohibited to baffle the rescue of women who are abducted and trafficked in, or kidnapped.
 
The people's governments and the public security, civil administrative, labor and social security, sanitary departments at all levels shall, in line with their responsibilities, timely take measures to rescue women who are abducted and trafficked in, or kidnapped, and properly settle the problems arising thereafter; and the women's federations shall assist and cooperate with the foresaid departments to do well the relevant work. Nobody shall discriminate against any woman who is abducted and trafficked in, or kidnapped.
 
(Related articles: laws and regulations: one piece)

Article 40 Sexual harassment against women shall be prohibited. The victims shall have the right to complain to the entity or the relevant organ.
 
(Related articles: one case)

Article 41 Prostitution and whoring shall be prohibited.
 
It shall be prohibited to organize, force, induce, shelter or introduce a woman to engage in prostitution or to act indecently against women.
 
It shall be prohibited to organize, force or induce women to engage in obscene performances.

Article 42 Women's rights of personality, such as the right of reputation, the right of honor, the right of privacy, and the right of portrait shall be protected by law.
 
It shall be prohibited to injure women's human dignity by insult or slander. It shall be prohibited to debase or injure women's personality via mass media or otherwise. Without a woman's own permission, it shall be prohibited to, with a view of making profit, use her portrait in advertisements, trademarks, window display, newspapers, periodicals, books, audio and video products, electronic publications, the internet, etc.

Chapter VII Marriage and Family Rights and Interests

Article 43 The State shall ensure that women enjoy equal marriage and family rights and interests with men.

Article 44 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 45 During the period of pregnancy, within one year after childbearing or within six months after termination of pregnancy of a woman, her husband shall not apply for divorce. The foresaid provision shall not apply to the circumstance where the woman applies for divorce or the people's court deems it necessary to accept the divorce application of the husband.

Article 46 It shall be prohibited to commit domestic violence against women.
 
The State shall take measures to prevent and stop domestic violence.
 
The public security, civil administrative, judicial administrative departments as well as the urban and rural mass organizations of self-government at the grass-roots level and social organizations shall, within their respective responsibilities scope, prevent and stop domestic violence and, in accordance with the law, provide assistance for the women victims.

Article 47 A woman shall enjoy equal rights with her spouse in possessing, utilizing, profiting from and disposing of the property jointly-owned by the husband and wife in accordance with the law, which shall not be affected by the status of incomes of the two parties concerned.
 
While a husband and his wife stipulate in writing that they separately own the property they respectively obtain during the existence of their marriage and where the wife has undertaken comparatively more obligations in upbringing children, taking care of the old or assisting the husband in his work, she shall have the right to demand compensations from the husband at the time of divorce.

Article 48 At the time of divorce, the husband and the wife shall seek agreement in respect of the disposal of their jointly-owned house(s); where they fail to reach an agreement thereon, the people's court shall make a judgment in light of the specific circumstances of both parties and on the principle of favoring their child (children) and the rights and interests of the wife, except that it is otherwise agreed upon by the husband and the wife.
 
Where a husband and his wife jointly rent a house or a room, at the time of divorce, the wife's housing issue shall be solved on the principle of favoring their child (children) and the rights and interests of the wife.

Article 49 Both parents shall enjoy the equal right of guardianship of their minor child (children).
 
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 shall interfere with the mother's right of guardianship.

Article 50 At the time of divorce, where the wife becomes sterile because of the sterilization operation or for any other reasons, the issue of bringing up the child (children) shall be handled in favor of the wife's reasonable demands on the condition of benefiting the rights and interests of the child (children).

Article 51 Women shall have the right of procreation in accordance with the relevant State provisions as well as the freedom not to bear any child.
 
Where a couple at the procreative age practice family planning in accordance with the relevant provisions of the State, the relevant departments shall provide safe and effective contraceptives and techniques, and ensure the health and safety of the woman receiving any birth-control operation.
 
The State shall carry out the pre-marriage, pregnancy and confinement health care system and develop the cause of health care of infants and mothers. The people's governments at all levels shall take measures to ensure that women enjoy the family planning techniques and services so as to improve the women's procreative health level.

Chapter VIII Legal Liabilities

Article 52 Where the legitimate rights and interests of a woman are infringed upon, she shall have the right to require the relevant department for settlement, or apply to the arbitration institution for arbitration or file a lawsuit in the people's court in accordance with the law.
 
Where a woman needs legal aid or judicial aid because of financial difficulties, the local legal aid institution or the people's court shall help her and provide her with legal aid or judicial aid in accordance with the law.

Article 53 Where the legitimate rights and interests of a woman are infringed upon, she may file a complaint to a women's organization, which shall safeguard the legitimate rights and interests of the woman victim and shall have the right to require and assist the relevant department or entity to investigate and handle the case. The relevant department or entity shall investigate and handle the case in accordance with the law and give the woman a reply.

Article 54 A women's organization shall support the women victims who need help in litigation.
 
In respect of an act infringing upon the interests of a particular group of women, the women's federations or the relevant women's organizations may expose and criticize it through the mass media and shall have the right to require the relevant department to investigate and punish it.

Article 55 Where a violation of the provisions of this Law infringing upon the rights and interests of a woman in the rural collective economic organization under the excuse that she hasn't got married, is married, is divorced or has lost her spouse, or in the event that the husband settles at the domicile of his wife, the equality of the husband and the child (children) in enjoying the same rights and interests as those enjoyed by the members of the local rural collective economic organization is infringed upon, the town people's government shall mediate the case in accordance with the law. The victim may also, in accordance with the law, apply to the rural land contracting arbitration institution for arbitration or file a lawsuit to the people's court, and the people's court shall accept the case in accordance with the law.

Article 56 Where a violation of the provisions of this Law infringing upon the legitimate rights and interests of a woman and any other law or regulation stipulates an administrative penalty against it, the law or regulation shall be followed; where such violation causes any property losses or any other damages, the violator shall bear civil liability; if the violation constitutes crime, the violator shall be investigated for criminal liability.

Article 57 Where anyone violates the provisions of this Law and evades, delays or suppresses the investigation and disposal of a complaint, charge or exposure in respect of an infringement upon the rights and interests of a woman, or avenges the person who makes the complaint or charge or offers the exposure, the entity he or she works for, the competent authority or the superior organ shall order him or her to make corrections and give an administrative sanction to the directly liable person-in-charge and other directly liable persons.
 
Where a state organ or any of its staff members fails to perform its duties, fails to timely stop an infringement upon the rights and interests of a woman or fails to give necessary help to a woman victim and thus causes any serious consequences, the entity of the aforesaid staff members or the superior organ shall give an administrative sanction to the directly liable person-in-charge and other directly liable persons.
 
Where anyone violates the provisions of this Law and infringes upon the rights and interests of a woman in the aspects of culture and education, labor and social security, person and property as well as marriage and family shall be ordered to make corrections by the entity he or she works for, or by the competent authority or the superior organ where the directly liable person-in-charge and other directly liable persons are functionaries of the State, they shall be given an administrative sanction by the entity they work for or by the superior organ in accordance with the law.

Article 58 Where anyone violates the provisions of this Law and commits sexual harassment or domestic violence against a woman and the act constitutes a violation of the public security administration, the victim may require the public security organ to give the violator an administrative penalty or may initiate a civil action to the people's court in accordance with the law.

Article 59 Where anyone violates the provisions of this Law and debases or injures the human dignity of a woman through mass media or by any other means, the department of culture, radio, film and television, or the press and publication or other relevant departments shall, according to their respective functions, order him or her to make corrections and shall impose an administrative sanctions in accordance with the law.

Chapter IX Supplementary Provisions

Article 60 The standing committees of the people's congress of all the provinces, autonomous regions or municipalities directly under the Central Government may, in accordance with this Law, formulate the measures for the implementation thereof.
 
The people's congress of an autonomous area of ethnic minorities may, in accordance with the principle as stipulated by this Law and by taking into consideration the actual circumstances of the local women of ethnic minorities, formulate flexible or supplementary provisions. The provisions of an autonomous region shall not come into force until they have been approved by the Standing Committee of the National People's Congress. The provisions of an autonomous prefecture or an autonomous county shall not come into force until they have been approved by the standing committee of the people's congress of the province, autonomous region or municipality directly under the Central Government, and shall be reported to the Standing Committee of the National People's Congress for lodgment.

Article 61 This Law shall come into force as of October 1, 1992.

 

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