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	DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S GOVERNMENT ABOUT AMENDING THE LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PROTECTION OF THE RIGHTS AND INTERESTS OF WOMEN

	(Order of the President (No. 40), August 28, 2005: The Decision of the Standing Committee of the National People's Congress about Amending the Law of the People's Republic of China on the Protection of the Rights and Interests of Women was adopted at the 17th session of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on August 28, 2005. It is hereby promulgated and shall come into force as of December 1, 2005. )


SUBJECT : PROTECTION OF THE RIGHTS AND INTERESTS OF WOMEN; AMENDMENTS
ISSUING DEPARTMENT : THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 08/28/2005
IMPLEMENT DATE : 12/01/2005
LENGTH : 3,229 words
TEXT :

The Standing Committee of the Tenth National People's Congress decides to make the following amendments to the Law of the People's Republic of China on the Protection of the Rights and Interests of Women at the 17th session:

1. Article 2 shall be revised as: "Women shall enjoy equal rights with men in all aspects of 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 under the law.

It is prohibited to discriminate against, ill-treat, abandon or cruelly kill women."

2. An article shall be added as Article 3: "The State Council shall work out 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 shall, according to the program for the development of Chinese women, work out a plan on the development of women within its own administrative area and shall incorporate it into the plan on development of the national economy and social development."

3. Article 4 shall be changed into Article 6 and shall be revised as: "The people's governments at all levels shall attach importance to and strengthen the protection of rights and interests of women.

The people's governments at and above the county level shall be the institutions responsible for the work of women and children. They shall organize, coordinate, guide and urge the relevant departments to conduct well the protection of the rights and interests of women.

The relevant departments of the people's governments at the county level or above shall do well the work of protection of the rights and interests of women within their respective scope of functions."

4. Article 5 shall be changed into Article 7 and shall be amended as: "The All-China Women's Federation and women's federations at various levels shall, in accordance with the laws and charter of the All-China Women's Federation, represent and uphold the rights of women of all nationalities and all walks of life, and do well the protection of women's rights and interests.

The labor unions and the communist youth leagues shall, according to their respective working scope, do well the protection of the rights and interests of women."

5. Article 9 shall be changed into Article 10, and 2 paragraphs shall be added as paragraphs 2 and 3: "When any law, rule, regulation or public policy relating to the important rights and interests of women is formulated, the opinions of the women's federations shall be taken into account.

The women and women's organizations shall be entitled to put forward opinions and proposals on the protection of rights and interests of women to the state organs at all levels."

6. Article 10 shall be changed into Article 11. Paragraph 2 shall be amended as: "Among representatives in the National People's Congress and local people's congresses at various levels, there shall be an appropriate number of women representatives and the state shall take measures to gradually raise the proportion thereof."

A paragraph shall be added as paragraph 3: "Among the members of the residents' committees and villagers¡¯ committees, there shall be an appropriate number of women members."

7. Article 11 shall be changed into Article 12. Paragraph 2 shall be amended as: "State organs, public organizations, enterprises and public institutions must, in training, selecting and appointing cadres, adhere to the principle of equality between men and women, and shall ensure an appropriate number of female cadres for the leading posts."

8. Article 12 shall be changed into Article 13 and a paragraph shall be added as paragraph 1: "The All-China Women Federation and the women's federations shall, on behalf of the women, actively participate in the democratic decision-making, management and supervision of the state and social affairs."

9. Article 15 shall be changed into Article 16. A paragraph shall be added as paragraph 2: "When a school recruits students, it shall not, except for some particular specialties, refuse to recruit the female students or raise the standards on the recruitment of female students for the reason of gender."

10. Article 17 shall be changed into Article 18. Paragraph 3 shall be amended as: "The government, society and schools shall take effective measures to solve the actual difficulties of the female children of the right age of schooling in receiving education and shall create chances to ensure that the female children of the right age of schooling among the poor, disabled and migrant population can finish the compulsory education."

11. Article 19 shall be changed into Article 20 and shall be amended as: "The people's governments at all levels and the relevant departments shall, in light of the actual needs of the towns and rural women, organize women to receive professional education and practical technical training."

12. The title of Chapter IV shall be amended as "Rights and Interests of Labor and Social Security".

13. Article 21 shall be changed into Article 22 and shall be amended as: "The state shall guarantee that women enjoy the same labor and social security rights as men do."

14. Article 22 shall be changed into Article 23. A paragraph shall be added as paragraph 2: "When an entity employs a woman, it shall sign a labor (employment) contract or service agreement with her. The labor (employment) contract or service agreement shall not contain restrictions on her matrimony and child-bearing."

Paragraph 2 shall be changed into paragraph 3: "Employment of female workers under the age of sixteen shall be prohibited, except it is otherwise provided for by the state."

15. Article 23 shall be changed into Article 24 and shall be revised as: "Equal pay for equal work shall be applied to men and women alike. Women shall be equal with men in the enjoyment of welfare benefits."

16. Article 26 shall be changed into Article 27 and shall be amended as: "No entity may, for the reason of matrimony, pregnancy, maternity leave or breast-feeding, decrease a female employee's wage, dismiss her or unilaterally terminate the labor (employment) contract or service agreement, with the exception that the female employee requests to terminate the labor (employment) contract or service agreement.

No entity may discriminate against women for the reason of gender when implementing the retirement system of the state."

17. Article 27 shall be changed into Article 28 and shall be amended as: "The state shall develop social insurance, social relief, social welfare and health care causes so as to ensure that women enjoy the rights and interests in the aspects of social insurance, social relief, social welfare and health care.

The state promotes and encourages the public welfare activities aiming at helping women."

18. An article shall be added as Article 29: "The state carries out the child-bearing insurance system and shall establish other sound guarantee systems relating to child-bearing.

The local people's governments at all levels and the relevant departments shall provide the poor women with necessary child-bearing aid in pursuance of the pertinent provisions."

19. Article 30 shall be changed into Article 32 and shall be amended as: "Women shall enjoy equal rights with men in the contracted management of rural land, distribution of proceeds of collective economic organizations, use of land requisition and occupation compensations and use of house sites."

20. An article shall be added as Article 33: "No organization or individual may trespass upon a woman's rights and interests in the rural collective economic organization on the ground that she hasn't got married, is married, is divorced or has lost her spouse.

If the husband settles in the domicile of the wife because of marriage, the husband and the children of the couple shall enjoy the same rights and interests as the members of the local rural collective economic organization do."

21. Article 35 shall be changed into Article 38 and shall be amended as: "Women's right of life and health shall be inviolable. Drowning, abandoning or cruel infanticide in any manner of female babies shall be prohibited; discrimination against or maltreatment of women who gave birth to female babies or who are barren shall be prohibited; cruel treatment causing injury even death of women by superstition or violence shall be prohibited; maltreatment or abandonment of sick, disabled and aged women shall be prohibited."

22. Article 36 shall be changed into Article 39 and shall be amended as "Abduction of and trafficking in, or kidnapping of women shall be prohibited; buying of women who are abducted and trafficked in, or kidnapped shall be prohibited; and baffling the rescue of women who are abducted and trafficked in, or kidnapped shall be prohibited.

The people's governments at all levels and the relevant departments shall timely take measures to rescue women who are abducted and trafficked in, or kidnapped, and shall properly deal with the problems arising thereafter. The women's federations shall make cooperative efforts to complete the relevant work. Nobody may discriminate against any woman who is abducted and trafficked in, or kidnapped."

23. An article shall be added as Article 40: "Sexual harassment against women is banned. The victims shall be entitled to complain to the entity or the relevant organs."

24. Article 37 shall be changed into Article 41, and paragraph 2 shall amended as: "It is prohibited to organize, force, induce, shelter or introduce a woman to engage in prostitution or to act indecently against women."

A paragraph shall be added as paragraph 3 "It is prohibited to organize, force or induce women to engage in obscene performances."

25. Article 38 and Article 39 shall be merged into Article 42 and shall be amended as "Women's personal rights, such as right of reputation, right of honor, right of privacy, and right to portrait shall be protected by law.

It is prohibited to injure women's reputation or personal dignity by insult, slander, etc. It is prohibited to debase or injure women's personal dignity by public media or otherwise. Without a woman's own permission, it is prohibited to use her portrait in advertisements, trademarks, window display, newspapers, periodicals, books, audio-visual products, electronic publications, internet, etc."

26. Article 42 shall be changed into Article 45 and shall be amended as: "During the period of pregnancy, within one year after childbearing or within 6 months after termination of pregnancy of a woman, her husband shall not apply for divorce. If the woman applies for divorce or if the people's court deems necessary to accept the divorce application of the husband, the case shall not be subject to this restriction."

27. An article shall be added as Article 46: "It is prohibited to commit family violence against women.

The state shall take measures to prevent and stop family violence.

The public security, civil affairs, judicial administrative departments, the urban and rural grassroots self-governing organizations, and social organization shall, according to their respective functions, prevent and stop family violence and help the women victims."

28. Article 43 shall be changed into Article 47. A paragraph shall be added as paragraph 2: "If both husband and wife stipulate in writing that they separately own the property they respectively obtain during the existence of their marriage and if the wife has made considerably more efforts to support children, take care of the old or assist the husband in work, etc, the wife shall be entitled to demand compensations from the other party at the time of divorce."

29. Article 44 shall be changed into Article 48. Paragraphs 1 and 4 shall be cancelled. This article shall be amended as: "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 circumstances of both parties and according to the principle of showing consideration for their child (children) and for the rights and interests of the wife, except that it is otherwise agreed upon by the two parties.

In a case where the husband and wife jointly rent a house or a room, the wife's housing shall, at the time of divorce, be solved according to the principle of showing consideration for their child (children) and for the rights and interests of the wife."

30. Article 47 shall be changed into Article 51. A paragraph shall be added as paragraph 3: "The state carries out the pre-marriage, pregnancy and confinement health care system and shall develop the cause of health care of infants and mothers. The people's governments at all levels shall take measures to guarantee that the women enjoy the family planning technologies and services so as to enhance the women's procreative health level."

31. Paragraph 1 of Article 48 shall be changed into Article 52 and shall be amended as: "When a woman's lawful rights and interests are infringed upon, she has the right to require the competent department for settlement, or file an application with the arbitration institution for arbitration or bring a lawsuit in a people's court.

With regard to a woman who needs legal aid or judicial aid because of actual financial difficulties, the local legal aid institution or the people's court shall help her and shall provide her with legal aid or judicial aid under the law."

32. Paragraph 2 of Article 48 shall be changed into Article 53 and shall be amended as: "When a woman's lawful rights and interests are infringed upon, she may file a complaint with a women's organization, which shall require the relevant department or entity to investigate and deal with the case. The relevant department or entity shall do so in accordance with the law and give the woman a reply."

33. An article shall be added as Article 54: "A women's organization shall support the women victims who need help in litigation.

With regard to 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 public media and may be entitled to require the relevant department to investigate and punish it."

34. Item (5) of the first paragraph of Article 50 shall be changed into Article 55 and shall be amended as: "Where a woman's rights and interests in the rural collective economic organization is damaged 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 (township) people's government shall mediate the case in accordance with the law. The victim may also file an application with the rural land contracting arbitration institution for arbitration or lodge a lawsuit in the people's court, the people's court shall accept the case in accordance with the law."

35. Articles 49 and 52 shall be merged into Article 56. It shall be amended as: "Where a violation of this law damages the lawful rights and interests of a woman, if any other law or regulation provides any administrative punishment against it, this law or regulation shall be followed. If such violation causes any property losses or any other damages, the violator shall bear civil liabilities. If any crime is constituted, he shall be subject to criminal liabilities."

36. Article 50 shall be changed into Article 57 and shall be amended as: "Where anyone evades, delays or suppresses the investigation and disposition of a complaint, charge or tip-off regarding an infringement upon the rights and interests of a woman, or avenges the person who initiates the complaint or charge or offers the tip-off, the entity he works for, the administrative department or the superior organ shall order him to make corrections and shall give an administrative sanction to the directly liable person-in-charge and other directly liable persons.

If a state organ or any of its staff members fails to perform its (his) duties, fails to stop an infringements 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 member or the superior organ shall give an administrative sanction to the directly liable person-in-charge and other directly liable persons.

Anyone who infringes upon the rights and interests of a woman in the aspects of education, labor and social security, person, property, marriage and family by violating this Law shall be ordered to make corrections by the entity he works for, or by the administrative department or by the superior organ. If 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."

37. An article shall be added as Article 58: "If anyone commits sexual harassment or family violence against a woman to violate this Law, and if his act constitutes a violation of the public security administration, the victim may require the public security organ to give the violator an administrative punishment or may initiate a civil action in the people's court."

38. Article 51 shall be changed into Article 59 and shall be amended as: "Where anyone debases or injures the personal dignity of a woman through public media or by any other way to violate this Law, the department of culture, the department of radio, film and television, the department of press and publication or other relevant departments shall, according to their respective functions, order him (it) to make corrections and shall give it (him) an administrative punishment."

39. Article 53 shall be changed into Article 60. Paragraph 1 shall be cancelled. Paragraph 2 shall be changed into paragraph 1. Paragraph 3 shall be changed into paragraph 2 and this Article shall be amended as: "The standing committee of the people's congress of each province, autonomous region or municipality may formulate measures for the implementation of this Law.

The people's congress of an autonomous area of ethnic minorities may, in accordance with the principle as provided for by this Law and by taking into consideration the actual circumstances of women of the local 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 autonomous prefecture or 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 been reported to the Standing Committee of the National People's Congress for archival purposes."

This Decision shall come into force as of December 1, 2005.

The Law of the People's Republic of China on the Protection of the Rights and Interests of Women shall be re-promulgated after it has been revised and the sequential order of its articles has been adjusted according to this Decision.