Decision of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on the Protection of Rights and Interests of Women

    Updated : 2016-04-13

14. Article 22 is changed to be Article 23, and one paragraph is added as the second paragraph, which reads: "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."

The second paragraph is changed to be the third paragraph, which reads: "Employing of female minors under the age of 16, except where otherwise prescribed by the State, is prohibited."

15. Article 23 is changed to be Article 24 and is revised to read: "Equal pay for equal work shall be applied to men and women alike. Women shall enjoy equal rights with men in receiving welfare benefits."

16. Article 26 is changed to be Article 27 and is revised to read: " 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."

17.Article 27 is changed to be Article 28 and is revised to read: " 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."

18. One article is added as Article 29, which reads: " 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."

19. Article 30 is changed to be Article 32 and is revised to read: "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."

20.One article is added as Article 33, which reads: "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."

21. Article 35 is changed to be Article 38 and is revised to read: "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."

22. Article 36 is changed to be Article 39 and is revised to read: "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."

23. One article is added as Article 40, which reads: "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."

24. Article 37 is changed to be Article 41, and the second paragraph is revised to read: "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."

One paragraph is added as the third paragraph, which reads: "Arranging for, forcing or luring women to give obscene performances is prohibited."

25. Articles 38 and 39 are merged into one article as Article 42 and are revised to read: "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."

26. Article 42 is changed to be Article 45 and is revised to read: "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."

27. One article is added as Article 46, which reads: "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-governance 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."

28. Article 43 is changed to be Article 47, and one paragraph is added as the second paragraph, which reads: "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."

29. Article 44 is changed to be Article 48, the first and fourth paragraphs are deleted, and this Article is revised to read: "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." 30. Article 47 is changed to be Article 51, and one paragraph is added as the third paragraph, which reads: "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."

31. The first paragraph of Article 48 is changed to be Article 52 and is revised to read: "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."

32. The second paragraph of Article 48 is changed to be Article 53 and is revised to read: "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." 33.One article is added as Article 54, which reads: "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." 34. Subparagraph (5) under the first paragraph of Article 50 is changed to be Article 55 and is revised to read: "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." 35. Articles 49 and 52 are merged into one article as Article 56, which is revised to read: "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." 36. Article 50 is changed to be Article 57 and is revised to read: "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." 37. One article is added as Article 58, which reads: " 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." 38. Article 51 is changed to be Article 59 and is revised to read: "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."

39. Article 53 is changed to be Article 60 and the first paragraph is deleted; the second paragraph is changed to be the first paragraph; the third paragraph is changed to be the second paragraph; and they are revised to read: "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."

This Decision shall go into effect as of December 1, 2005.

The Law of the People’s Republic of China on the Protection of Rights and Interests of Women shall be promulgated anew after the revisions are made according to this Decision and the order of the articles is rearranged accordingly.