Building a Nonviolent World for Women

The issue of domestic violence began to catch the attention of China after Beijing hosted the Fourth World Conference on Women in 1995. [Women of China]

The issue of domestic violence began to catch the attention of China after Beijing hosted the Fourth World Conference on Women in 1995. In the following years academic research into domestic violence prevailed in the country, as the Chinese government and legislators tried to determine how best to protect women's rights and interests. So far, enormous progress has been made with regards to the legislation of anti-domestic violence laws under the joint efforts of related legislative branches and organizations.

China's Legislative Efforts

In July 2000, the China Law Society initiated a project to identify effective measures to counter and intervene in domestic violence against women. Five years later, the society published a series of books that had the theme theory and practice in domestic violence. Academic research into domestic violence helps promote the legislative process on domestic violence against women.

In 2001, Chinese legislators amended the Marriage Law of the People's Republic of China, and the revised law banned domestic violence. It was the first time that Chinese lawmakers had addressed domestic violence in legislation. The amended law contained measures to protect victims — mainly women, children and seniors — of domestic violence, and it outlined penalties for violators. On December 24 that year, the Supreme People's Court's Explanation of Several Questions Regarding the Application of the Marriage Law of the People's Republic of China was issued, and it included a definition of domestic violence.

In 2005, the Law of the People's Republic of China on the Protection of Rights and Interests of Women was amended, and legislators included a section that stipulated that domestic violence against women was illegal. The next year, the Law of the People's Republic of China on the Protection of Minors was amended, and legislators included a section that stipulated domestic violence against minors was illegal.

In 2008, the All-China Women's Federation (ACWF), the Publicity Department of the CPC (Communist Party of China) Central Committee, the Supreme People's Procuratorate and the ministries of Justice, Health, Civil Affairs and Public Security issued the Opinions on Preventing and Ending Domestic Violence. That year, the Supreme People's Court issued guidelines on how to handle marriage cases that involved domestic violence.

In March 2015, the Supreme People's Court, the Supreme People's Procuratorate and the ministries of Justice and Public Security issued the Opinions on Handling Domestic Violence Cases. That was the first criminal-justice-guidance document to specifically deal with anti-domestic violence.

Last year, China drafted its first national law against domestic violence, and it solicited opinions from the public about the proposed law.

In July, an executive meeting of the State Council, presided over by Premier Li Keqiang, approved the draft law against domestic violence that highlights prevention and combines punishment with education.

The draft announced on July 29 defines clear-cut responsibilities for different social groups to prevent domestic violence, including, social organizations, communities, schools and medical institutions.

The draft empowers social organizations and individuals to dissuade, prevent and report physical and psychological abuse within families. It requires the police to intervene immediately once such reports are filed.The State Council has submitted the draft to the Standing Committee of the National People's Congress, the country's top legislature, for deliberation.

Government-led Mechanisms Established to Prevent and Combat Trafficking and Domestic Violence

Over recent years, public awareness in China on human trafficking has grown significantly, which has reduced the number of cases.

However, due to prevalent demand, trafficking of babies and women is still in need of great attention and action from the Chinese government.

Combating violence against women and children in all its forms remains one of the major objectives of the China National Program for Women's Development（2011-2020） and the China National Program for Child Development（2011-2020）. More detailed requirements are spelt out in the "policy measures" for preventing and deterring rape, trafficking, domestic violence and sexual assaults, coupled with content on the effective prevention and deterring of sexual harassment.

The National Plan of Action to Combat Trafficking of Women and Children (2008-2012) and the National Action Plan to Combat Human Trafficking (2013-2020) clearly require establishing a sound long-term anti-trafficking work mechanism to resolutely combat and effectively curb trafficking of women and children, while providing the trafficked victims with practical assistance and proper placement.

In 2008, China's Ministry of Public Security set up the Office of Combating Trafficking in Women and Children, and took the lead to establish a ministerial-level "joint meeting mechanism for combating the trafficking of women and children under the State Council" in collaboration with 31 ministries including the Legislative Affairs Commission of NPC.

Government-led anti-trafficking work mechanisms featuring multi-sectoral cooperation have enjoyed ongoing improvement, with fruitful initiatives carried out across the country to combat trafficking of women and children.

Throughout 2013, 5,126 and 2,765 cases of trafficking in women and children were tackled, with 2,395 alleged criminals under prosecution.

Currently, the Ministry of Public Security has set up "110" anti-domestic violence call center in most provinces. A warning system has been created in Jiangsu, Ningxia and some other places to deal with misdemeanor cases of domestic violence.

Grassroots courts have set up "collegial panels" for women's rights protection and anti-domestic violence to pilot ruling of victims of domestic violence in protection of their personal safety.

The Ministry of Justice launched the "148" hotline for legal services and established a legal aid station for battered women. The Ministry of Civil Affairs has set up domestic violence shelters in about 100 cities in nearly 20 provincial-level jurisdictions.

The Ministry of Health has piloted projects for medical intervention against domestic violence. And the ACWF has established a national legal assistance center, coupled with women's rights hotline "12338" and the domestic violence hotline "16838198" throughout the country.

Joint Efforts with the International Community

China ratified the Convention on the Elimination of all Forms of Discrimination against Women in 1980, and China adopted the Beijing Declaration and the Platform for Action at the Fourth World Conference on Women in 1995. China has an international obligation, and State-required responsibility, to eliminate domestic violence and protect women's human rights.

The ACWF, in cooperation with the Australian Human Rights Commission, launched the Sino-Australia Technical Cooperation Program in the Field of Human Rights in 2013, establishing a "National Crisis Intervention Center against Domestic Violence," backed by China Women's University, which provides targeted technical support for anti-domestic violence work across the country. A service model of anti-domestic violence advocacy and crisis intervention has been created at the grassroots level in line with China's realities.

Cooperation was also conducted with the UNFPA on the project for combating violence against women (2011-2015), which was piloted in Liuyang City of Hunan Province and Chengde City of Hebei Province through training of key groups and distribution of service manuals, etc., in the pursuit of a government-led referral service mechanism featuring multi-sectoral cooperation to combat violence against women via a hotline as the platform.

At a meeting on eliminating and preventing domestic violence against girls and women held during the 29th Session of the UN Human Rights Council, which took place in Geneva in June, the Chinese side reiterated  that domestic violence is a violation of girls' and women's right to health, personal dignity and life, and called on UN members to unanimously fight against it

Challenges Ahead

Despite all the efforts we have made, we are still challenged by the necessity to further improve the legislation on violence against women. We are further challenged by an incomplete referral service system, lack of public awareness and a shortage of gender-disaggregated research and statistics. Therefore, we need to continue to improve anti-violence legislation and government-led, multi-sector mechanisms; conduct more public education and training to improve gender awareness and overall capability; and, enhance research and statics in this field.

Data Speaks

* Up till now, 29 provincial-level jurisdictions in China have introduced local regulations and special policies dedicated to the prevention and curbing of domestic violence.

* The Ministry of Civil Affairs has set up domestic violence shelters in around 100 cities in nearly 20 provincial-level jurisdictions.

* Throughout 2013, 5,126 and 2,765 cases of trafficking in women and children were tackled, with 2,395 alleged criminals under prosecution.

(Women of China)