Source Title: Highlights of the Newly Revised Law on the Protection of Women’s Rights and Interests Many basic national policies of gender equality are incorporated into the national education system
On October 30, 2022, the 37th meeting of the Standing Committee of the 13th National People’s Congress deliberated and passed the newly revised Law on the Protection of Women’s Rights and Interests. Guo Linmao, director of the Social Law Office of the Legal Affairs Committee of the Standing Committee of the National People’s Congress, answered questions from reporters on the significance of the revision of the Law on the Protection of Women’s Rights and Interests, the guiding ideology and principles to be followed, highlights, main contents, and how to do a good job of study, publicity and implementation.
“The Law on the Protection of Women’s Rights and Interests has been implemented for 30 years, providing strong legal protection for women’s political, economic, cultural, social and family life and other rights and interests, and promoting the basic national policy of equality between men and women.” Guo Linmao said.
Guo Linmao introduced that since the 18th National Congress of the Communist Party of China, the CPC Central Committee with Comrade Xi Jinping at its core, proceeding from the overall development of the party and the country, has put forward new and higher requirements and made a series of important arrangements for safeguarding women’s rights and interests and promoting women’s all-round development. Various parties also called for further revision and improvement of the Law on the Protection of Women’s Rights and Interests in accordance with economic and social development, enriching the content of protection, and improving the level of protection. The Standing Committee of the National People’s Congress resolutely implemented the decisions and arrangements of the CPC Central Committee, actively responded to social concerns, and started the comprehensive revision of the Law on the Protection of Women’s Rights and Interests.
Guo Linmao introduced that the revision of the Law on the Protection of Women’s Rights and Interests, adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implement the spirit of the 20th National Congress of the Communist Party of China, adhere to the people-centered development concept, implement the basic national policy of equality between men and women, and strive to improve Relevant systems and mechanisms, optimize the environment for women’s development, protect women’s legitimate rights and interests, and provide a solid legal guarantee for promoting equality between men and women and the all-round development of women. The revision work adheres to the leadership of the party, comprehensively summarizes experience, adheres to the problem orientation, and is based on the actual national conditions.
“This revision of the Law on the Protection of Women’s Rights and Interests is a comprehensive revision after two revisions in 2005 and 2018.” Guo Linmao introduced that this revision has many highlights, which are mainly reflected in four aspects: fully implement the basic national policy of equality between men and women, Continuously enrich the content of the protection system for women’s rights and interests; on the basis of comprehensive protection, strengthen special protection according to the characteristics of women’s work in the new era and the development requirements of women’s careers; improve the government-led and coordinated protection mechanism for women’s rights and interests; advocate the whole society to respect and care for women, Encourage and support women’s self-improvement.
Regarding the main content of the revision of the Law on the Protection of Women’s Rights and Interests, Guo Linmao introduced that the revision involves many clauses, adds many provisions, and adjusts the structure. The main purpose is to improve the overall system and mechanism, improve the protection of political rights, personal and personality rights, cultural education Rights and interests, labor and social security rights, property rights, marriage and family rights, perfect relief measures and legal responsibilities.
Guo Linmao introduced that the newly revised Law on the Protection of Women’s Rights and Interests stipulates that the leadership of the Communist Party of China in the protection of women’s rights and interests should be adhered to, and a working mechanism for the protection of women’s rights and interests should be established under the leadership of the government, the coordination of all parties, and the participation of the society. It stipulates that the state shall take necessary measures to promote equality between men and women, eliminate all forms of discrimination against women, and prohibit exclusion or restriction of women’s enjoyment and exercise of various rights and interests in accordance with the law. To promote the all-round development of women and carry forward the core socialist values are added to the legislative purposes. Provide for the evaluation mechanism of gender equality, and the statistical investigation system for women’s development status and rights and interests protection. Make it clear that the state incorporates the basic national policy of equality between men and women into the national education system.
The newly revised Law on the Protection of Women’s Rights and Interests moved Chapter VI “Personal Rights” forward as Chapter III, and revised the chapter name to “Personal and Personal Rights and Interests”. Emphasize that women’s human dignity is not violated. Emphasizes the prohibition of non-medically necessary fetal gender identification and sex-selective artificial termination of pregnancy, and stipulates that medical institutions should respect the wishes of women when carrying out relevant medical activities. On the basis of prohibiting abduction, trafficking and kidnapping of women, the government and relevant departments, villagers’ committees, and residents’ committees are required to report on discovery and rescue, resettlement, rescue, and care for women who have been abducted, trafficked, and kidnapped. On the basis of prohibiting sexual harassment of women, further improve the system and mechanism for preventing and dealing with sexual harassment and sexual assault. It is stipulated that lodging operators should strengthen security measures, and promptly report to the public security organs any illegal or criminal acts that may infringe on women’s rights and interests. Media reports on incidents involving women should be objective and appropriate, and should not infringe on women’s personality rights. Strengthen the protection of women’s rights and interests in marriage, love and friendship, and expand the scope of application of personal safety protection orders. Provisions are made to establish and improve a women’s health service system, mental health service support, and a systematic health care system for the entire reproductive cycle, establish maternal and child health care institutions, regularly arrange health checks for female employees, and reasonably provide public facilities that meet women’s needs.
In terms of improving labor and social security rights and interests, the newly revised Law on the Protection of Women’s Rights and Interests eliminates gender discrimination in employment, clarifies the specific circumstances of gender discrimination in employment, and incorporates gender discrimination in employment into the scope of labor security supervision. The responsibilities of the employer for the protection of the rights and interests of female employees are stipulated, and it is clarified that the labor (employment) contract or service agreement should include the protection of the rights and interests of female employees. Improve maternity security, stipulate that the state establish and improve the maternity leave system for employees, clarify the employer’s maternity security obligation to female employees, and require employers not to restrict female employees from promotion, promotion, and professional evaluation due to circumstances such as marriage, pregnancy, maternity leave, and breastfeeding. Technical titles and positions, etc. It is stipulated to strengthen the protection of the rights and interests of poor women, elderly women, disabled women and other women in need.
The newly revised Law on the Protection of Women’s Rights and Interests stipulates women’s rights in the confirmation of membership in rural collective economic organizations, real estate registration, and compensation for expropriation or expropriation. It is stipulated that villagers’ self-government constitutions, village regulations and civil agreements, and decisions concerning matters concerning villagers’ interests shall not infringe upon the rights and interests of women in rural collective economic organizations. It is stipulated that the state encourages pre-marital medical examinations, and it is clarified that marriage registration agencies should provide marriage and family counseling services. It is stipulated that women have the right to request the recording of their names and other rights in the joint property of husband and wife. It stipulates the system of common property inquiry during divorce proceedings and economic compensation for housework during divorce.
In addition, a chapter on “relief measures” is added as Chapter VIII. It is stipulated that the institutions of the people’s government responsible for women’s work and the women’s federation may urge relevant departments or units to investigate and punish acts infringing upon women’s rights and interests in accordance with the law. It is stipulated that if an employer infringes upon women’s labor and social security rights and interests, the human resources and social security department may join the trade union and the women’s federation to interview the employer. Provide for relief measures when women’s rights and interests are violated in terms of identification of members of rural collective economic organizations, and clarify that township people’s governments guide and supervise villagers’ self-governance regulations, village rules and regulations, and decisions involving villagers’ interests. Provide for the protection of women’s rights and interests of public interest litigation, support for prosecution and other systems. Provide corresponding legal responsibilities for violations of obligations related to reporting obligations, obligations to prevent and stop sexual harassment, and elimination of gender discrimination in employment.
Guo Linmao emphasized that after the adoption of the new law, all relevant parties should earnestly study, publicize and implement the work, closely integrate the study and implementation of the spirit of the 20th National Congress of the Communist Party of China, and actively publicize the major achievements of my country’s women’s cause and the protection of women’s rights under the leadership of the party. Publicize the party and the country’s guidelines and policies on women’s cause in the new era, and actively publicize the tremendous progress in legislation for the protection of women’s rights and interests. In accordance with the spirit of the revision of the law, it is necessary to do a good job in the formulation and review of supporting regulations, policies, and judicial interpretations, so as to provide a more solid legal guarantee for the promotion of equality between men and women and the all-round development of women in the new era.
List of key points of the newly revised Law on the Protection of Women’s Rights and Interests
On October 30, 2022, the 37th meeting of the Standing Committee of the 13th National People’s Congress deliberated and passed the newly revised Law on the Protection of Women’s Rights and Interests, which will come into force on January 1, 2023. All media reporters from China Women’s Daily sorted out the main contents of the revision of the Law on the Protection of Women’s Rights and Interests.
01
It is stipulated that the leadership of the Communist Party of China in the protection of women’s rights and interests shall be adhered to, and a working mechanism for the protection of women’s rights and interests shall be established under the leadership of the government, the coordination of all parties, and the participation of the society.
02
It stipulates that the state shall take necessary measures to promote equality between men and women, eliminate all forms of discrimination against women, and prohibit exclusion or restriction of women’s enjoyment and exercise of various rights and interests in accordance with the law.
03
To promote the all-round development of women and carry forward the core socialist values are added to the legislative purposes.
04
Provide for the evaluation mechanism of gender equality, and the statistical investigation system for women’s development status and rights and interests protection.
05
Make it clear that the state incorporates the basic national policy of equality between men and women into the national education system.
06
It is stipulated that the state shall take measures to support the growth of female talents.
07
The sixth chapter “personal rights” was moved forward as the third chapter, and the title of the chapter was changed to “personal and personality rights” to highlight the important position of personal and personality rights.
08
Emphasize that women’s human dignity is not violated.
09
Emphasizes the prohibition of non-medically necessary fetal gender identification and sex-selective artificial termination of pregnancy, and stipulates that medical institutions should respect the wishes of women when carrying out relevant medical activities.
10
On the basis of prohibiting abduction, trafficking and kidnapping of women, the government and relevant departments, villagers’ committees, and residents’ committees are required to report on discovery and rescue, resettlement, rescue, and care for women who have been abducted, trafficked, and kidnapped.
11
On the basis of prohibiting sexual harassment against women, further improve the system and mechanism for preventing and dealing with sexual harassment.
12
It is stipulated that lodging operators should strengthen security measures, and promptly report to the public security organs any illegal or criminal acts that may infringe on women’s rights and interests.
13
Media reports on incidents involving women should be objective and appropriate, and should not infringe on women’s personality rights.
14
Strengthen the protection of women’s rights and interests in marriage, love and friendship, and expand the scope of application of personal safety protection orders.
15
Provisions are made to establish and improve a women’s health service system, mental health service support, and a systematic health care system for the entire reproductive cycle, establish maternal and child health care institutions, regularly arrange health checks for female employees, and reasonably provide public facilities that meet women’s needs.
16
It is stipulated that the state will improve the life-long learning system and create conditions for women’s life-long learning.
17
Eliminate gender discrimination in employment, clarify the specific circumstances of gender discrimination in employment, and incorporate gender discrimination in employment into the scope of labor security supervision.
18
The responsibilities of the employer for the protection of the rights and interests of female employees are stipulated, and it is clarified that the labor (employment) contract or service agreement should include the protection of the rights and interests of female employees.
19
Improve maternity security, stipulate that the state establish and improve the maternity leave system for employees, clarify the employer’s maternity security obligation to female employees, and require employers not to restrict female employees from promotion, promotion, and professional evaluation due to circumstances such as marriage, pregnancy, maternity leave, and breastfeeding. Technical titles and positions, etc.
20
It is stipulated to strengthen the protection of the rights and interests of poor women, elderly women, disabled women and other women in need.
21
It stipulates women’s rights in the confirmation of membership in rural collective economic organizations, real estate registration, and compensation for expropriation or expropriation.
22
It is stipulated that villagers’ self-government constitutions, village regulations and civil agreements, and decisions concerning matters concerning villagers’ interests shall not infringe upon the rights and interests of women in rural collective economic organizations.
23
It is stipulated that the state encourages pre-marital medical examinations, and it is clarified that marriage registration agencies should provide marriage and family counseling services.
24
It is stipulated that women have the right to request the recording of their names and other rights in the joint property of husband and wife.
25
It stipulates the system of common property inquiry during divorce proceedings and economic compensation for housework during divorce.
26
It is stipulated that the institutions of the people’s government responsible for women’s work and the women’s federation may urge relevant departments or units to investigate and punish acts infringing upon women’s rights and interests in accordance with the law.
27
It is stipulated that if an employer infringes upon women’s labor and social security rights and interests, the human resources and social security department may join the trade union and the women’s federation to interview the employer.
28
Provide for relief measures when women’s rights and interests are violated in terms of identification of members of rural collective economic organizations, and clarify that township people’s governments guide and supervise villagers’ self-governance regulations, village rules and regulations, and decisions involving villagers’ interests.
29
Provide for the protection of women’s rights and interests of public interest litigation, support for prosecution and other systems.
30
Provide corresponding legal responsibilities for violations of obligations related to reporting obligations, obligations to prevent and stop sexual harassment, and elimination of gender discrimination in employment.