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Last week's session of the Standing Committee of the National People's Congress, which finished its first deliberation of the draft amendments to the Law on the Protection of Women's Rights and Interests, received a lot of media attention.
The proposed article tackling sexual harassment was highlighted above all other amendments. Heated debates about the matter have raised doubts about the ease with which measures could be implemented if an amendment to the law was adopted.
The draft amendment making sexual harassment an unlawful act is worthy of media coverage and public attention as it is an attempt to fill a gap in legislation protecting the rights of women. More women than men have complained about the increase in sexual harassment in the workplace.
But what is needed is a clear legal definition of harassment of a sexual nature, and its ramifications.
The legal implications of sexual harassment should be known by all, to protect the rights of both women and men.
Many countries have employment laws prohibiting sexual harassment. Some regulations stipulate sexual harassment is any unwelcome sexual advance or behaviour that makes the workplace intimidating, hostile or offensive. Sexual harassment is regarded as a form of illegal discrimination.
Some legislation requires mandatory legal training for supervisors in an effort to avoid on-the-job sexual harassment.
In trumpeting the single proposed item, the media, however, has failed to make the public aware that the law and its amendments as a whole are part of the drive for gender equality, and increasing legal vigilance for acts of discrimination against women.
It has been proposed that China's basic State policy of equality between men and women be written into the amended law.
The draft amendments make it the lawful responsibility of government at all levels "to organize, co-ordinate, guide and press on works for the protection of women's legal rights." The current law, adopted in 1992, is not so specific.
The proposed revision gives women's federations more legal grounds for carrying out their duty to legally protect women. It also requires governments to seek advice and suggestions from women's federations when deliberating policies that will affect women.
The draft is an attempt to push the nation to make a clearer pledge in legal terms to increase women's participation in legislature and government at all levels.
Stipulations are made more elaborate and lucid than in the current law in terms of prevention of discrimination against women in school enrolment, employment and contracts for land, distribution of collective earnings, property and housing grounds in rural areas.
The draft is a firm step forward in combating violence against women. It breaks with the tradition that no administrator should judge family affairs and makes violence against women within families unlawful and legally punishable in the public domain.
The draft amendments offer more specific administrative, civil and criminal liabilities in case of violations of the Law on the Protection of Women's Rights and Interests, and make it possible for anyone to seek legal and judiciary assistance when applying the law to protect his or her rights.
All of the draft stipulations signal the country is preparing to take a further legal step towards bridging the existing gender gap.
Women's political representation is low. Just 20 per cent of the positions in the national legislature and fewer in the top ranks of government are occupied by women. In non-agricultural sectors women earn only 39 per cent of total wages. Fewer girls than boys are able to finish secondary education.
Women in China are still far from achieving equality with men. But the amendments are trying to address challenges through legal means. Such steps are necessary if a harmonious society is to be achieved.
(China Daily July 4, 2005)
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