(Adopted at the Fifth Session of the Seventh National People's
Congress on April 3, 1992, and amended in accordance with the
Decision on Amending the Law of the People's Republic of China on
the Protection of Rights and Interests of Women adopted at the 17th
Meeting of the Standing Committee of the Tenth National People's
Congress on August 28, 2005)
Contents
Chapter I General Provisions
Chapter II Political Rights
Chapter III Rights and Interests Relating to Culture and
Education
Chapter IV Rights and Interests Relating to Work and
Social Security
Chapter V Rights and Interests Relating to
Property
Chapter VI Rights Relating to the Person
Chapter VII Rights and Interests Relating to Marriage
and Family
Chapter VIII Legal Responsibility
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
women's lawful rights and interests, promote the equality between
men and women and allow full play to women's role in socialist
modernization.
Article 2 Women shall enjoy equal rights with men in all aspects
of political, economic, cultural, social and family life.
Equality between men and women is a basic State policy. The
State takes the necessary measures to gradually improve the systems
for protecting the rights and interests of women, in order to
eliminate all forms of discrimination against women.
The State protects the special rights and interests enjoyed by
women according to law.
Discriminating against, maltreating, abandoning, and physically
abusing women are prohibited.
Article 3 The State Council shall formulate an outline for the
development of Chinese women and include such outline in the
national economic and social development plan.
Local people's governments at or above the county level shall,
in accordance with the outline for the development of Chinese
women, formulate programs for the development of women in their
respective administrative regions and include the programs in their
national economic and social development plans.
Article 4 The protection of women's lawful rights and interests
is a common responsibility of the whole society. State organs,
public organizations, enterprises and institutions 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 women's rights and interests.
The State takes effective measures to provide necessary
conditions for women to exercise their rights according to law.
Article 5 The State encourages women to cultivate a sense of
self-respect, self-confidence, self-reliance and
self-strengthening, and to safeguard their own lawful 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 People's government at all levels shall attach great
importance to and strengthen the protection of the rights and
interests of women.
Institutions in charge of work for women and children under the
people's governments at or above the county level shall be
responsible to organize, coordinate, direct and urge the relevant
departments concerned to ensure the protection of women's rights
and interests.
The relevant departments of the people's governments at or above
the county level shall, within the scope of their duties, ensure
the protection of women's rights and interests.
Article 7 The All-China Women's Federation and local women's
federations at various levels shall, in accordance with law and the
Constitution of the All-China Women's Federation, represent and
uphold the interests of women of all nationalities and all walks of
life, and strive to safeguard the rights and interests of
women.
The trade unions and the Communist Youth League organizations
shall, within the scope of their respective work, strive to
safeguard the rights and interests of women.
Article 8 People's governments at various levels and relevant
departments shall commend and award those organizations and
individuals that have made notable achievements in the protection
of women's lawful rights and interests.
Chapter II Political Rights
Article 9 The State guarantees that women enjoy equal political
rights with men.
Article 10 Women have the right to conduct State affairs, manage
economic and cultural undertakings and administer social affairs
through various channels and in various ways.
When formulating laws, regulations, rules and public policies,
the relevant departments shall, where major questions related to
women's rights and interests are concerned, listen to the opinions
of the women's federations.
Women and women's organizations shall have the right to advance
their opinions and suggestions to State organs at various levels
with regard to protection of the rights and interests of women.
Article 11 Women enjoy the equal right, with men, to vote and to
stand for election.
Among deputies to the National People's Congress and local
people's congresses at various levels, there shall be an
appropriate number of women deputies. The State takes measures to
gradually increase the proportion of the women deputies among
deputies to the National People's Congress and local people's
congresses at various levels.
Among members of the residents' committees and villager's
committees, there shall be an appropriate number of women
members.
Article 12 The State actively trains and selects female
cadres.
State organs, public organizations, enterprises and institutions
shall, in training, selecting and appointing cadres, adhere to the
principle of equality between men and women, and there shall be an
appropriate number of women leading members.
The State attaches great importance to the training and
selection of female cadres of minority nationalities.
Article 13 The All-China Women's Federation and local women's
federations at various levels shall represent women to take an
active part in democratic decision-making, management and
supervision of State and social affairs.
Women's federations at various levels and their member
organizations may recommend female cadres to State organs, public
organizations, enterprises or institutions.
Article 14 The departments concerned shall listen to and accept
criticisms or rational suggestions regarding the protection of
women's rights and interests; with respect to complaints or charges
against, or exposures of infringement upon women's rights and
interests, the departments concerned must ascertain the facts, and
be responsible for their disposition; no organization or individual
may suppress such complaints, charges or exposures or resort to
retaliation.
Chapter III Rights and Interests Relating to Culture and
Education
Article 15 The State guarantees that women enjoy equal rights
with men with respect to culture and education.
Article 16 Schools and departments concerned shall, by
implementing the relevant regulations of the State, guarantee that
women enjoy equal rights with men in such aspects as starting
school, entering a higher school, job assignment upon graduation,
conferment of academic degrees and dispatch for study abroad.
With exception of special subjects, no schools shall, in
enrolling students, refuse to enroll women on the pretext of sex or
raise the enrollment standards for women.
Article 17 Schools shall, in line with the characteristics of
female adolescents, take measures in respect of education,
management and facilities so as to ensure female adolescents' sound
development in body and in mind.
Article 18 Parents or other guardians must perform their duty 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 governments
shall admonish and criticize them and, by adopting 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 governments not to go to school.
The governments, society and schools shall take effective
measures to solve the actual difficulties of female school-age
children or adolescents in schooling and create the necessary
conditions to ensure that the needy, disabled and migrant female
school-age children or adolescents finish compulsory education.
Article 19 People's governments at various levels shall, in
accordance with relevant regulations, incorporate the work of
elimination of illiteracy or semi-literacy among women into plans
for illiteracy elimination and post-elimination education, adopt
organizational forms and working methods suitable to women's
characteristics, and organize and supervise the relevant
departments in the implementation of such plans.
Article 20 People's governments at various levels and the
departments concerned shall, in light of the need of urban and
rural women, take measures to organize women in receiving
vocational education and practical technological training.
Article 21 State organs, public organizations, enterprises and
institutions shall, by implementing relevant regulations of the
State, ensure that women enjoy equal rights with men in their
participation in scientific, technological, literary, artistic and
other cultural activities.
Chapter IV Rights and Interests Relating to Work and
Social Security
Article 22 The State guarantees that women enjoy equal rights,
with men, to work and to social security.
Article 23 With exception of the special types of work
or post unsuitable to women, no unit may, in employing staff and
workers, refuse to employ women by reason of sex or raise the
employment standards for women.
When employing female workers and staff members, the employing
units shall, according to law, conclude labour (or employment)
contracts or service agreements with them. No clauses that restrict
marriage and childbearing of female workers and staff members shall
be proscribed in the labour (or employment) contracts or the
service agreements.
Employing of female minors under the age of 16, except where
otherwise prescribed by the State, is prohibited.
Article 24 Equal pay for equal work shall be applied to men and
women alike. Women shall enjoy equal rights with men in receiving
welfare benefits.
Article 25 In such aspects as promotion in post or in rank,
evaluation and determination of professional and technological
titles, the principle of equality between men and women shall be
upheld and discrimination against women shall not be allowed.
Article 26 All units shall, in line with women's characteristics
and according to law, protect women's safety and health during
their work or physical labour, and shall not assign them any work
or physical labour not suitable to women.
Women shall be under special protection during menstrual period,
pregnancy, obstetrical period and nursing period.
Article 27 No unit shall reduce the salaries or wages of female
workers and staff members, or dismiss them, or unilaterally cancel
the labour (or employment) contracts or service agreements with
them because they are married, pregnant, on maternity leave or
breast-feeding, except where female workers and staff members
request termination of the labour (or employment) contracts or
service agreements themselves.
In implementing the retirement system of the State, no unit
shall discriminate against women on the pretext of sex.
Article 28 The State develops social insurance, social relief,
social welfare and medical and health services to guarantee that
women enjoy social insurance, social relief, social welfare and
health care services, and other rights and interests.
The State advocates and encourages public welfare activities
that aim to help women.
Article 29 The State promotes a childbearing insurance system,
and establishes other sound security systems relating to
childbearing.
Local people's governments at various levels and the departments
concerned shall, in accordance with relevant regulations, provide
the necessary childbearing relief to needy women.
Chapter V Rights and Interests Relating to Property
Article 30 The State guarantees that women enjoy the equal
right, with men, to property.
Article 31 In joint property relationship derived from marriage
or family, the rights and interests enjoyed by women according to
law may not be infringed upon.
Article 32 Women shall enjoy equal rights with men in contracted
management of land, distribution of the earnings of the collective
economic organizations, use of the compensations for expropriated
or requisitioned land and use of housing sites in rural areas.
Article 33 No organizations or individuals shall infringe upon
women's rights and interests in rural collective economic
organizations on the pretext of their being single, married,
divorced and widowed.
If a man moves to the domicile of a woman for marriage, the man
and his children shall enjoy equal rights and interests with the
other members of the rural collective economic organizations at the
place of their residence.
Article 34 Women's equal right, with men, of succession to
property is protected by law. Among the statutory successors in the
same order, women shall not be discriminated against.
Widowed women have the right to dispose of the property
inherited by them, and no one may interfere with the disposition
thereof.
Article 35 Widowed women who have made predominant contributions
in maintaining their parents-in-law shall be regarded as the
statutory successors first in order, and their rights of succession
thereto shall not be affected by inheritance in
subrogation.?
Chapter VI Rights Relating to the Person
Article 36 The State guarantees that women enjoy equal rights
with men relating to their persons.
Article 37 Women's freedom of the person is inviolable. Unlawful
detention or deprivation or restriction of women's freedom of the
person by other illegal means is prohibited; and unlawful body
search of women is prohibited.
Article 38 Women's right of life and health is inviolable.
Drowning, abandoning or cruel infanticide in any manner of female
babies is prohibited; discriminating against or maltreating of
women who give birth to female babies or women who are sterile is
prohibited; cruel treatment causing bodily injury to or death of
women by means of superstition or violence is prohibited;
maltreating or abandoning of women who are ill, disabled or aged is
prohibited.
Article 39 Abducting of, trafficking in, or kidnapping of women
is prohibited; buying of women who are abducted, trafficked in, or
kidnapped is prohibited; obstructing the rescue of women who are
abducted, trafficked in, or kidnapped is prohibited.
People's governments at various levels and the departments of
public security, civil affairs, labour and social security, and
health shall, in compliance with their respective duties, take
timely measures to rescue women who are abducted, trafficked in or
kidnapped and well settle the problems arising thereafter, and
women's federations shall assist and cooperate with the governments
and departments in doing a good job of the above. No one shall
discriminate against the women who are abducted, trafficked in, or
kidnapped.
Article 40 Sexual harassment against women is prohibited. The
female victims shall have the right to file complaints with the
units where they work and the departments concerned.
Article 41 Prostitution or whoring shall be prohibited.
Arranging for, forcing or luring women to engage in
prostitution, providing shelters for prostitution, or instigating
women to engage in prostitution, or acting indecently against women
is prohibited.
Arranging for, forcing or luring women to give obscene
performances is prohibited.
Article 42 Women's rights of personality, including their right
of reputation, right of honor, right of privacy and right of
portrait, shall be protected by law.
Besmirching women's personal dignity by such means as
humiliation and libel is prohibited. Decrying or besmirching
women's personality through the mass media or by other means is
prohibited. The use of a woman's portrait for profit-making
purposes in advertisements, trademarks, window display, newspapers,
magazines, books, audio-video products, electronic publications,
internet, etc., without the women's personal consent, is
prohibited.
Chapter VII Rights and Interests Relating to Marriage
and Family
Article 43 The State guarantees that women enjoy equal rights
with men in marriage and family.
Article 44 The State protects women's right of
self-determination in marriage. Interference with women's freedom
of marriage or divorce shall be prohibited.
Article 45 A husband shall not apply for a divorce when his wife
is pregnant, or is within one year after the birth of the child, or
within six months after the termination of her gestation. This
restriction shall not apply in a case where the wife applies for a
divorce, or where the people's court deems it necessary to accept
the application for divorce made by the husband.
Article 46 Domestic violence against women is prohibited.
The State takes measures to prevent and stop domestic
violence.
The departments of public security, civil affairs, judicial
administration, etc., as well as urban and rural mass organizations
of self-government at the grass-roots level and public
organizations shall, within the scope of their respective duties,
prevent and stop domestic violence, and provide succour to female
victims.
Article 47 A woman shall enjoy equal rights with her spouse in
possessing, utilizing, profiting from and disposing of the property
jointly possessed by the husband and wife according to law, which
shall not be affected by the status of income of either party.
Where the husband and the wife agree in writing that the
property acquired separately by them during the period in which
their wedlock exists is owned by them likewise, and the wife has
been shouldering more duties in respect of bringing up the child,
taking care of the old, assisting the husband in work, etc., she
shall, at the time of divorce, have the right to request the
husband to make compensation for the above.
Article 48 At the time of divorce, the husband and the wife
shall seek agreement regarding the disposition of their jointly
possessed houses; if they fail to reach an agreement, the people's
court shall make a judgment in light of the actual conditions of
both parties and in adhering to the principle of taking into
consideration the rights and interests of their child (children)
and the wife, except where otherwise agreed upon by the two
parties.
In a case where the husband and the wife jointly rent a house or
a room, the wife's housing problem shall, at the time of divorce,
be solved according to the principle of taking into consideration
the rights and interests of their child (children) and the
wife.
Article 49 Both parents enjoy the equal right to guardianship of
their minor child (children).
In a case 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 may interfere with the mother's
right of guardianship.
Article 50 At the time of divorce, if the wife becomes
sterile because of the sterilization operation or any other
reasons, the problem to bring up the child (children) shall be so
handled that, while to the advantage of the rights and interests of
the child (children), due consideration shall be given to the
wife's reasonable demands.
Article 51 Women have the right to child-bearing in accordance
with relevant regulations of the State as well as the freedom
not to bear any child.
Where a couple of child-bearing age practise family planning
according to the relevant regulations of the State, the departments
concerned shall provide safe and effective contraceptives and
techniques, and ensure the health and safety of the woman receiving
any birth-control operation.
The State institutes a system of premarital health care and
health care for the pregnant and lying-in periods and develops the
maternal and infant health care undertakings. People's governments
at various levels shall take measures to ensure women's access to
technical services for family planning in order to improve their
reproductive health.
Chapter VIII Legal Responsibility
Article 52 When a woman's lawful rights and interests are
infringed upon, she has the right to request the department
concerned for disposition according to law, or according to law,
apply to an arbitral body for arbitration, or bring a lawsuit in a
people's court.
Where a woman in strained circumstances needs legal aid or
judicial relief, the local legal aid institution or people's court
shall help her and provide her with legal aid or judicial relief in
accordance with law. When a woman's lawful rights and interests
are infringed upon, she may file a complaint with a women's
organization, which shall request the department or unit concerned
to investigate and deal with the case so as to protect the lawful
rights and interests of the complainant.
Article 53 When a woman's lawful rights and interests are
infringed upon, she may file a complaint with a women's
organization, which shall protect the lawful rights and interests
of the victim and have the right to request and help the department
or unit concerned to investigate and deal with the case. The said
department or unit shall investigate and deal with the case
according to law and give a reply afterwards.
Article 54 Women's organizations shall support the women victims
who need help in lawsuits.
A women's federation or a women's organization concerned may
expose and criticize through the mass media the acts infringing
upon the lawful rights and interests of special groups of women,
and shall have the right to request the department concerned to
investigate and deal with the cases according to law.
Article 55 Where an entity, in violation of the provisions of
this Law, infringes upon a woman's rights and interests in a rural
collective economic organization on the pretext of her being
single, married, divorced or widowed, or infringes upon the equal
rights and interests enjoyed by a man, who moves to the domicile of
a woman for marriage, and his children with the members of the
rural collective economic organization at the place of their
residence, the township people's government shall mediate in
accordance with law; the victims on their part may, according to
law, apply for arbitration to an arbitral body specialized in
matters of rural land contracts, or bring a suit in a people's
court, which shall accept the case according to law.
Article 56 Where administrative sanctions are prescribed by
other laws and regulations for the infringement upon the lawful
rights and interests of women in violation of the provisions of
this Law, the provisions of those laws and regulations shall
prevail; where such an infringement causes loss of property or
other damages, the infringer shall bear civil responsibilities
according to law; if a crime is constituted, criminal
responsibilities shall be investigated according to law.
Article 57 Where a person, in violation of the provisions of
this Law, evades, delays or suppresses the investigation and
disposition of a complaint, a charge or an exposure regarding the
infringement upon a woman's rights and interests, or retaliates
against the woman who make the compliant, charge or exposure, the
unit where the person works or the department in charge or at a
higher level shall instruct him to rectify, and give administrative
sanctions according to law to the person directly in charge of the
unit and the other persons directly responsible.
Where a State organ and its functionaries fail to perform their
duties according to law, or fail to stop, in a timely manner, the
acts infringing upon the lawful rights and interests of women or to
provide the women victims with the necessary help, thus serious
consequences ensue, the unit where the organ and its functionaries
belong or the organ at a higher level shall, according to law, give
administrative sanctions to the person directly in charge of the
State organ and the other persons directly responsible.
Where a person, in violation of the provisions of this Law,
infringes upon women's rights and interests relating to culture and
education, to work and social security, to the person and property,
and to marriage and family, the unit where the person belongs or
the department in charge or at a higher level shall instruct him to
rectify; and the person directly in charge and the other persons
directly responsible, if they are State functionaries, shall be
given administrative sanctions according to law by the units where
they belong or by an organ at a higher level.
Article 58 Where a person, in violation of the provisions of
this Law, commits sexual harassment or domestic violence against a
woman, if such act constitutes a violation of the regulations for
administration of public security, the victim may apply to a public
security organ for an administrative sanction against the violator
according to law, and may also bring a civil suit in a people's
court according to law.
Article 59 Where an entity, in violation of the provisions of
this Law, decries and damages a woman's personality through the
mass media or by other means, the department of culture, radio,
film and television, the press and publication, or a relevant
department shall, in compliance with their respective functions and
powers, instruct it to rectify and give it an administrative
sanction according to law.
Chapter IX Supplementary Provisions
Article 60 The standing committees of the people's congresses of
provinces, autonomous regions, and municipalities directly under
the Central Government may formulate measures for implementation on
the basis of this Law.
The people's congresses of national autonomous areas may
formulate regulations with appropriate adaptations or supplements
in accordance with the principles laid down in this Law and in
light of the specific conditions of the local ethnic women. The
regulations formulated by autonomous regions shall be submitted to
the Standing Committee of the National People's Congress for
approval before going into effect; the regulations formulated by
autonomous prefectures or autonomous counties shall be submitted to
the standing committees of the people's congresses of the relevant
provinces, autonomous regions, or the municipalities directly under
the Central Government for approval before going into effect, and
shall be submitted to the Standing Committee of the National
People's Congress for the record.
Article 61 This Law shall go into effect as of October 1,
1992.?
Source: NPC