Women's Human Rights and Legal Frameworks

(A) Efforts and Progress

1. Development of relevant national laws to protect women's human rights

In March 2004, the principle that "the state shall respect and safeguard human rights" was written into the Chinese Constitution, leveled up from government policy to the fundamental law of the country, not only providing the constitutional guarantee on human rights but also creating a more favorable legal environment for the development of Chinese women's human rights.  Since 2010, in order to further protect women's human rights, the state has revised the Electoral Law of the National People's Congress and Local People's Congresses, the Villagers' Committee Organization Law and the Regulations Concerning the Labor Protection of Female Employees, and has enacted the Social Insurance Law. The revised Electoral Law of the National People's Congress and Local People's Congresses emphasizes the rise in the proportion of women in political decision making, stating that "representatives of the National People's Congress and local people's congresses at all levels should have a broad representation, with an appropriate number of representatives from the grassroots, especially workers, peasants and intellectuals; there should be an appropriate number of women representatives, and their proportion should be gradually increased."The Villagers' Committee Organization Law stipulates that "women villager representatives shall account for more than one-third of the assembly of village representatives." The Social Insurance Law has a special chapter carrying the relevant regulations on maternity insurance. In 2013, the Anti-Domestic Violence Law was included in the legislative plan of 12th session of the NPC Standing Committee.

2. Efforts from the government to safeguard women's human rights

In 2009, the State Council issued the first national plan themed on human rights, the National Human Rights Action Plans of China (2009-2010). Since the promulgation and implementation of the Plan, women's rights have been better protected, especially regarding their political participation, employment, education and reproductive health, as well as the trafficking of and violence against women. In June 2012, the State Council issued the second national human rights plan with the same theme, namely the National Human Rights Action Plans of China (2012-2015) stipulating the Chinese government's work objectives and specific measures for the promotion and protection of human rights. Women's rights were again included as the theme, stressing that the state shall take measures to further promote women's political participation, eliminate gender discrimination in employment, protect the land property rights of rural women, ensure decent reproductive health service, combat violence against women and strengthen gender-based statistics, so as to urge gender equality and eliminate gender discrimination. The implementation of the Plan (2009-2010) was evaluated, marking the development of human rights, including women's human rights, entered a new stage of planned, sustained, prudent and comprehensive progress in China. The government also developed the National Plan of Action to Combat Trafficking of Women and Children (2008-2012) and the National Plan of Action to Combat Human Trafficking (2013-2020), effectively preventing and cracking down on trafficking of women and children according to law, with active assistance and proper placement of trafficked victims to safeguard legitimate rights and interests of citizens. Throughout 2013, respectively 5,126 and 2,765 cases of trafficking in women and children were cracked, with 2,395 alleged criminals under prosecution. The abolition of the system for re-education through labor in November 2013 took a step further in safeguarding human rights in China. In addition, the Chinese government has acted to fulfill its obligations as a signatory to many international human rights treaties, with the CEDAW/C/CHN/7-8 submitted to the UN Secretary-General in 2012

3. Giving full play to the role of justice in safeguarding women's rights

In March 2010, the Opinions on Punishing Crimes involving Trafficking of Women and Children According to Law were issued jointly by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice. In 2013, the Opinions on Punishing Crimes involving Sexual Abuse of Minors According to Law were implemented to redouble the judicial protection of personal rights of women and children, the trafficking and sexual abuse of which was penalized according to law.

Some courts have set up family courts, collegial panels for women's rights and minor courts. There are nearly 3,000 collegial panels for women's rights under the people's courts above the county level . The proportion of women judges has increased with each passing year. As of 2012, female judges and people's jurors accounted to 27.6 and 34.9 percent respectively nationwide, where more than 8,000 people's jurors belonged to the system of women's federations . The caution system and habeas corpus against domestic violence played a major role in effective prevention and control of domestic violence by safeguarding the rights and interests of the disadvantaged party in marital and family relations, changing from post remedies to preventive suppression. Currently, personal safety ruling against domestic violence has been piloted in more and more courts nationwide, covering 14 provinces and municipalities compared to the 5 provincial-level jurisdictions in 2008, with nearly 300 copies of ruling issued accumulatively regarding the protection of personal safety . Public security caution systems have been created in Jiangsu and Ningxia in 2013.

Legal aid and judicial assistance were further stepped up. In April 2013, the Ministry of Justice issued the Opinions for Further Efforts in the Promotion of Legal Aid, pointing out the need to increase legal aid for people in need, including women, to safeguard their legitimate rights and interests. Throughout 2013, community legal aid centers grew 15.9 percent nationwide, with a total of 650,000 legal aid stations in place . Judicial relief efforts were reinforced. In the same year, financially challenged litigants were exempted from 190 million yuan of litigation costs by the courts at all levels , an increase of 90.6 million yuan or 91.2 percent over the previous year.

4. Women NGOs played an important role in safeguarding women's rights

Over the past five years, the ACWF has submitted 108 proposals, motions and comments to the NPC and CPPCC and engaged in the formulation and revision of laws and regulations for nearly 130 times . Gender equality evaluation mechanisms were pursued throughout the country, already set up in Jiangsu, Zhejiang, Beijing and Anhui. The ACWF in conjunction with NGOs on women's issues succeeded in incorporating the anti-domestic violence law in the legislative plan of the NPC Standing Committee. The Shadow Report of Chinese women's NGOs on the Convention on the Elimination of All Forms of Discrimination against Women was produces owing to the unremitting efforts of NGOs.

The ACWF attached great importance to the role of women's rights hotline "12338" in claiming women's rights. Currently, the hotline is in operation in more than 2,800 counties in all 31 provincial-level jurisdictions, working together with 250,000 rights service agencies in all types, dealing with rights issues and accepting domestic violence complaints . Legal aid for women offered by the Beijing Zhongze Women's Legal Consulting Services Center, women's hotline service provided by the Maple Women's Psychological Counseling Center Beijing and the efforts of many other women's NGOs have been conducive to the facilitation of women's rights endeavor.

5. Legal literacy and human rights education have been improved, contributing to ongoing progress in women's legal and rights awareness

China has implemented the Sixth Five-Year Legal Literacy Plan from 2011 to 2015, with various forms of information campaigns for the Constitution, the legal system and the state's underlying laws, including the philosophy of rule of law, the laws and regulations on fostering economic development and improving people's livelihood and social administration, as well as on safeguarding the rights and interests of women and other vulnerable groups. Every year, the ACWF organizes publicity campaigns on the Women's Day and the following week, the Legal Publicity Day, the International Day against Domestic Violence and the Human Rights Day, to better women's rights services, enhance women's legal awareness, and guide women to use law as a tool for safeguarding their legitimate rights and interests. The third session of Chinese women's social status survey showed that in 2010 83.5 percent of respondents knew that China formulated a special law to protect women's rights and interests, 9.5 percentage points higher than a decade ago.

China is witnessing the gradual roll-out of human rights education. At present, human rights education and training systems have taken shape across Chinese universities, among which more than 40 offer courses in human rights laws . Nearly 50 human rights research institutions have been set up across the country . As of July 2014, 8 state-level human rights education and training bases have been established within the higher education system, including three bases respectively in Nankai University, China University of Political Science and Law and Guangzhou University, and five centers respectively in Renmin University of China, Fudan University, Wuhan University, Shandong University and Southwest University of Political Science and Law. Three human rights law textbooks, including the International Human Right Law, have been selected as part of the state-level textbooks for general higher education of 11th Five-Year Plan.

(B) Gaps and Challenges

1. Legal systems for women's rights need to be refined

Although the Chinese Constitution has some provisions for human rights, specific laws prove inconsistent with the Constitution as well as with each other to some extent. Take the retirement policy as an example, the Provisional Regulations on Retirement and Resignation of Workers promulgated by the State Council in 1978 and the Interim Measures for the Placement of Sick and Elderly Cadres (SC No.104 [1978]) set forth different retirement ages for male employees (60), female cadres (55) and female workers (50), contradicting the principle of gender equality prescribed in the Constitution.

2. Judicial officers should get trained for gender equality awareness

Judicial officers differ much in gender awareness. As a result, some cases involving gender discrimination cannot be placed on file, while the ruling of cases in which a battered wife killed her husband varies greatly. In judicial practice, few cases involving female suspects have been processed from a gender perspective.

3. Awareness of human rights should be intensified

The legal infrastructure provided in the Chinese Constitution and the UN CEDAW was not sufficiently echoed by publicity for human rights, leaving citizens not fully aware of the matter to keep pace with the country's overall development. Human rights publicity and training efforts during the compulsory education period needs to be upgraded. Human rights cannot exist if women are excluded, but in existing arrangements, education on women's rights is clearly insufficient.

(C) Suggestions in Response

1. Legal systems for women's human rights should be ameliorated

On an equal basis prescribed in the Constitution, legislative inconsistencies existing in specific laws should be redressed, while the legislative process of combating violence against women should be accelerated.

2. Education and information campaigns for human rights should be redoubled

The legal popularity and human rights education should contain ideologies of freedom, equality, fairness and justice, including the CEDAW and other human rights principles in international conventions, endow the human rights concept in every school and household, not only via teaching materials at class, but also through outreach campaigns for community.

3. Gender awareness training for legislative, judicial and enforcement personnel should be enhanced

Legislative, judicial and enforcement officers should be trained on gender awareness, enabling them to internalize the philosophy of gender equality in performing their law-granted duties so as to better protect women's rights and interests.

(Women of China)