Law of the People's Republic of China on the Protection of Women's Rights and Interests (2018 Amendment)

Law of the People's Republic of China on the Protection of Women's Rights and Interests (2018 Amendment) Law of the People's Republic of China on the Protection of Women's Rights and Interests (Adopted at the 5th Session of the Seventh National People's Congress on April 3, 1999, and amended for the first time according to the Decision of the 17th Session of the Standing Committee of the Tenth National People's Congress about Amending the Law of the People's Republic of China on the Protection of Women's Rights and Interests on August 28, 2005, and amended for the second time in accordance with the Decision of the Standing Committee of the National People's Congress to Amend Fifteen Laws Including the Law of the People's Republic of China on the Protection of Wild Animals adopted at the 6th Session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on October 26, 2018) Contents Chapter I General Provisions Chapter II Political Rights Chapter III Rights and Interests Relating to Culture and Education Chapter IV Rights and Interests of Labor and Social Security Chapter V Rights and Interests Relating to Property Chapter VI Right of Person Chapter VII Rights and Interests Relating to Marriage and Family Chapter VIII Legal Liability Chapter IX Supplementary Provisions Chapter I General Provisions Article 1 In accordance with the Constitution and the actual conditions of the country,this Law is formulated to protect women's lawful rights and interests, promote the equality between men and women and allow full play to women's role in socialist modernization. Article 2 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 the women under the law. It is prohibited to discriminate against, ill-treat, abandon or cruelly kill the women. 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. Article 4 The protection of women's lawful rights and interests is a common responsibility of the whole society. State organs, public organizations, enterprises and institutions as well as urban and rural mass organizations of self-government at the grass-roots level shall, in accordance with the provisions of this Law and other relevant laws, protect women's rights and interests. The state shall take effective measures to provide necessary conditions for women to exercise their rights according to law. Article 5 The state shall encourage women to cultivate a sense of self-respect, self-confidence, self-reliance and self-strengthening, and to safeguard their own lawful rights and interests by utilizing law. Women shall abide by the laws of the state, respect social morality and perform their obligations prescribed by law. Article 6 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 Article 7 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 strive for the protection of women's rights and interests. The labor unions and the communist youth leagues shall, according to their respective working scope, strive for the protection of the rights and interests of women. Article 8 People's governments at various levels and relevant departments shall commend and award the organizations and individuals that have made notable achievements in the protection of women's lawful rights and interests. Chapter II Political Rights Article 9 The state shall guarantee that women enjoy equal political rights with men. Article 10 Women have the right to conduct state affairs, manage economic and cultural undertakings and administer social affairs through various channels and in various ways. 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. Article 11 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 an appropriate number of women deputies and the state shall take measures to gradually raise the proportion thereof. Among the members of the residents' committees and villagers' committees, there shall be an appropriate number of women members. Article 12 The state shall actively train and select female cadres. 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. The state shall pay attention to the training and selection of female cadres of minority nationalities. Article 13 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. Women's federations at various levels and their member organizations may recommend female cadres to state organs, public organizations, enterprises or institutions. Article 14 The departments concerned shall listen to and accept criticisms or rational suggestions regarding the protection of women's rights and interests; with respect to complaints or charges against, or exposure of infringement upon women's rights and interests, the departments concerned must ascertain the facts, and be responsible for the disposition thereof; no organization or individual may suppress such complaints, charges or exposures or resort to retaliation. Chapter III Rights and Interests Relating to Culture and Education Article 15 The state shall guarantee that women enjoy equal rights with men with respect to culture and education. Article 16 Schools and departments concerned shall, by implementing the relevant regulations of the state, guarantee that women enjoy equal rights with men in such aspects as starting school, entering a higher school, job assignment upon graduation, conferment of academic degrees and dispatch for study abroad. When a school recruits students, it shall not, except for some particular specialties, refuse to recruit the fem......