China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

China Revises Law on Protection of Women’s Rights and Interests

Mon, 05 Dec 2022
Categories: China Legal Trends

The amendment adds provisions to protect women against sexual harassment.

On 30 Oct. 2022, China’s legislature, the Standing Committee of the National People’s Congress passed an amendment to the Law on the Protection of Women’s Rights and Interests (妇女权益保障法), which will come into effect on 1 Jan. 2023. The Law was enacted in 1992 and was amended in 2005 and 2018 respectively.

Th Law contains 86 articles, among which the noteworthy provisions are as follows:

  1. The Law adds the provision of “no gender-based exclusion or restriction on women’s lawful enjoyment and exercise of rights and interests”, which builds upon the first article of the UN Convention on the Elimination of All Forms of Discrimination Against Women.
  2. Articles 23 to 25 of the Law provide for the protection of women against sexual harassment. Article 23 expressly prohibits sexual harassment of women by verbal, written, image, physical or other behavior against their will. Article 24 provides that schools shall protect female students from sexual harassment. Article 25 requires that employers protect female employees from sexual harassment.
  3. Under Article 46, women are equal to men in the workplace and enjoy the same opportunities for promotion in the post or in rank, certification, and appointments based on professional qualifications, and training.
  4. Under Article 71, a woman who has lost her fertility should have priority in obtaining child custody in case of divorce.

 

 

Cover Photo by Bells Mayer on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

Related laws on China Laws Portal

You might also like

SPC Regulates Online Judicial Auctions

In November 2024, China’s Supreme People’s Court (SPC) issued new guidelines to regulate online judicial auctions, emphasizing transparency in property disclosures, enhanced mechanisms for judgment debtors to self-dispose of auctioned assets, and improved supervision across all auction stages to protect parties' rights and streamline enforcement procedures.

China’s First Tribunal-Ordered Interim Measure Issued in Beijing

In October 2024, an arbitral tribunal at the Beijing Arbitration Commission (BAC/BIAC) issued an interim measure based on the applicant’s request, which was later confirmed and enforced by the court through a preservation order. This is the first of its kind in China, confirming the validity of tribunal-issued interim measures and highlighting the pro-arbitration stance of Chinese courts.

SPC Releases IP Protection Cases in Seed Industry

In October 2024, China's Supreme People's Court (SPC) released key judicial protection cases to strengthen intellectual property rights in the seed industry, focusing on plant variety and breeding material disputes.

China Defines Rules for Calculating Trademark Infringement Gains

In October 2024, the China National Intellectual Property Administration (CNIPA) and the State Administration for Market Regulation (SAMR) jointly issued the “Measures for Calculating Illegal Business Revenue in Trademark Infringement Cases”, which provide detailed operational guidelines for trademark enforcement authorities to calculate illegal business revenue.

SPC Releases Typical Cases on Tourism Disputes

In September 2024, China's Supreme People's Court (SPC) released five typical tourism dispute cases, including health rights disputes caused by wild monkey attacks in Mount Emei, to guide courts in resolving common tourism conflicts and safeguarding tourists' legitimate rights and interests.

China Regulates Network Data Security

China's newly adopted “Regulation on Network Data Security Management”, effective January 1, 2025, seeks to standardize data processing, strengthen personal information protection, and tackle issues such as data security, risk assessments, and personalized profiling.

Beijing & Shanghai Unveil Low-Altitude Economy Plans

Beijing and Shanghai have announced plans to develop the low-altitude economy, aiming to grow the industry to CNY 100 billion and CNY 50 billion respectively by 2027, with a focus on aerial rescue, logistics, and passenger transport.

SPC Releases Typical Antitrust Cases

In September 2024, China's Supreme People's Court (SPC) published eight typical cases on antitrust and unfair competition, highlighting issues like price-fixing, market dominance abuse, and deceptive practices.