(ADOPTED AT THE FIFTH SESSION OF THE SEVENTH NATIONAL PEOPLE’S CONGRESS ON APRIL 3, 1992)
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 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 Article 1. In accordance with the Constitution and the actual conditions of the country, this Law is formulated to protect women’s Article 2. Women shall enjoy equal rights with men in all aspects of political, economic, cultural, social and family life. The state shall protect the special rights and interests enjoyed by women according to law, and gradually perfect its Discrimination against, maltreatment of, or cruel treatment in any manner causing injury even death of women shall be prohibited. Article 3. The protection of women’s lawful rights and interests is a common responsibility of the whole society. State The state shall take effective measures to provide necessary conditions for women to exercise their rights according Article 4. The State Council and the people’s governments of provinces, autonomous regions and municipalities directly Article 5. The All-China Women’s Federation and women’s federations at various levels shall represent and uphold the rights The trade unions and the Communist Youth League organizations shall also, within the scope of their respective work, Article 6. The state shall encourage women to cultivate a sense of self-respect, self-confidence, self-reliance and self-strengthening, Article 7. People’s governments at various levels and relevant departments shall commend and award the organizations and individuals
CHAPTER II POLITICAL RIGHTS Article 8. The state shall guarantee that women enjoy equal political rights with men. Article 9. Women have the right to conduct state affairs, manage economic and cultural undertakings and administer social affairs Article 10. Women shall 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 Article 11. The state shall actively train and select female cadres. State organs, public organizations, enterprises and institutions must, in appointing cadres, adhere to the principle The state shall pay attention to the training and selection of female cadres of minority nationalities. Article 12. Women’s federations at various levels and their member organizations may recommend female cadres to state organs, Article 13. The departments concerned shall listen to and accept criticisms or rational suggestions regarding the protection
CHAPTER III RIGHTS AND INTERESTS RELATING TO CULTURE AND EDUCATION Article 14. The state shall guarantee that women enjoy equal rights with men with respect to culture and education. Article 15. Schools and departments concerned shall, by implementing the relevant regulations of the state, guarantee that women Article 16. Schools shall, in line with the characteristics of female adolescents, take measures in respect of education, management Article 17. Parents or other guardians must perform their duty of ensuring that female school-age children or adolescents receive Where parents or other guardians fail to send female school-age children or adolescents to school, the local people’s The governments, society and schools shall, in the light of the actual difficulties of female school-age children Article 18. People’s governments at various levels shall, in accordance with relevant provisions, incorporate the work of Article 19. People’s governments at various levels and departments concerned shall take measures to organize women in receiving Article 20. State organs, public organizations, enterprises and institutions shall,by implementing relevant regulations
CHAPTER IV RIGHTS AND INTERESTS RELATING TO WORK Article 21. The state shall guarantee that women enjoy the equal right, with men, to work. Article 22. With the exception of the special types of work or post unsuitable to women, no unit may, in employing staff and workers, Recruitment of female workers under the age of sixteen shall be prohibited. Article 23. Equal pay for equal work shall be applied to men and women alike. Women shall be equal with men in the allotment of housing and enjoyment of welfare benefits. Article 24. In such aspects as promotion in post or in rank, evaluation and determination of professional and technological post_titles, Article 25. All units shall, in line with women’s characteristics and according to law, protect women’s safety and health Women shall be under special protection during menstrual period, pregnancy, obstetrical period and nursing period. Article 26. No unit may dismiss woman staff and workers or unilaterally terminate labour contracts with them by reason Article 27. The state shall develop social insurance, social relief and medical and health services to create conditions
CHAPTER V RIGHTS AND INTERESTS RELATING TO PROPERTY Article 28. The state shall guarantee that women enjoy the equal right, with men, to property. Article 29. In joint property relationship derived from marriage or family, the rights and interests enjoyed by women according Article 30. Women shall enjoy equal rights with men in the allotment of responsibility farmland, or grain ration farmland and in the Article 31. Women’s equal right, with men, of succession to property shall be protected by law. Among the statutory successors in the Article 32. Widowed women who have made the predominant contributions in maintaining their parents-in-law shall be regarded
CHAPTER VI RIGHTS RELATING TO THE PERSON Article 33. The state shall guarantee that women enjoy equal rights with men relating to their persons. Article 34. Women’s freedom of the person shall be inviolable. Unlawful detention or deprivation or restriction of women’s Article 35. Women’s right of life and health shall be inviolable. Drowning, abandoning or cruel infanticide in any manner of Article 36. Abduction of and trafficking in, or kidnapping of women shall be prohibited; buying of women who are abducted and trafficked People’s governments and relevant departments must take timely measures to rescue women who are abducted and trafficked Article 37. Prostitution or whoring shall be prohibited. It is prohibited for anyone to organize, force, seduce, shelter or introduce a woman to engage in prostitution Article 38. Women’s right of portrait shall be protected by law. The use of a woman’s portrait for profit-making purposes in advertisements, Article 39. Women’s right of reputation and personal dignity shall be protected by law. Damage to women’s reputation or personal dignity
CHAPTER VII RIGHTS AND INTERESTS RELATING TO MARRIAGE AND FAMILY Article 40. The state shall guarantee that women enjoy equal rights with men in marriage and family. Article 41. The state shall protect women’s right of self-determination in marriage. Interference with women’s Article 42. When a wife terminates gestation as required by the family planning programme, her husband may not apply for a divorce Article 43. A woman shall enjoy equal rights with her spouse in possessing, utilizing, profiting from and disposing of the property Article 44. The state shall protect divorced women’s ownership of their houses. At the time of divorce, the husband and the wife shall seek agreement regarding the disposition of their jointly 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, In a case where the husband and wife live in a house allocated by the unit to which the husband belongs, if the wife has Article 45. Both parents shall 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 Article 46. At the time of divorce, if the wife becomes sterile because of the sterilization operation or any other reasons, the Article 47. Women have the right to child-bearing in accordance with relevant regulations of the state as well as the freedom Where a couple of child-bearing age practise family planning according to the relevant regulations of the
CHAPTER VIII LEGAL RESPONSIBILITY Article 48. When a woman’s lawful rights and interests are infringed upon, she has the right to request the competent department concerned When a woman’s lawful rights and interests are infringed upon, she may file a complaint with a women’s organization, Article 49. Where punishments are prescribed by other laws or regulations for the infringement upon the lawful rights and Article 50. Anyone who commits any of the following infringements upon the lawful rights and interests of a woman shall (1) evading, delaying or suppressing the investigation and disposition of a complaint, a charge or an exposure (2) refusing to employ women or raising the employment standards for women where women shall be employed in accordance with (3) infringing upon women’s rights and interests by violating the principle of equality between men and women in (4) dismissing female staff and workers by reason of their marriage, pregnancy, maternity leave, or baby-nursing; (5) infringing upon women’s rights and interests by violating the principle of equality between men and women in the (6) infringing upon women’s rights and interests by violating the principle of equality between men and women in Anyone who retaliates against a person making a complaint, a charge or an exposure regarding an infringement upon a Article 51. Anyone who employs or shelters any woman to engage in obscene activities with others shall be punished by applying Article 52. Where an infringement upon a woman’s lawful rights and interests causes loss of property or other damage, the infringer
CHAPTER IX SUPPLEMENTARY PROVISIONS Article 53. Relevant departments under the State Council may, on the basis of this Law, formulate relevant regulations, which shall be The standing committees of the people’s congresses of provinces, autonomous regions and municipalities directly under The people’s congresses of national autonomous areas may formulate regulations with appropriate adaptations or Article 54. This Law shall enter into force as of October 1, 1992.
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