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Law on Protection of Women's Rights and Interests of China (2018)

妇女权益保障法

Type of laws Law

Issuing body Standing Committee of the National People's Congress

Promulgating date Oct 26, 2018

Effective date Oct 26, 2018

Validity status Valid

Scope of application Nationwide

Topic(s) Human Rights Law

Editor(s) C. J. Observer

The Law on Protection of Women’s Rights and Interests was promulgated in 1992 and amended in 2005 and 2018 respectively. The latest revision entered into force on October 26, 2018.

There are 61 articles in total.

The key points are as follows:

1.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.

2.Women shall enjoy equal rights with men in all aspects of political, economic, cultural, social and family life. 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.

3.The State Council and local governments shall work out a program for the development of women and shall incorporate it into the plan on the national economy and social development.

4.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.

5.Parents or other guardians must perform their duty of ensuring that female school-age children or adolescents receive the compulsory education.

6.With the exception of the special types of work or post unsuitable to women, no unit may, in employing staff and workers, refuse to employ women by reason of sex or raise the employment standards for women. Equal pay for equal work shall be applied to men and women alike. In such aspects as promotion in post or in rank, evaluation and determination of professional and technological titles, the principle of equality between men and women shall be upheld and discrimination against women shall not be allowed.

7.Prostitution and whoring shall be prohibited.

8.During the period of pregnancy, within one year after childbearing or within 6 months after termination of pregnancy of a woman, her husband shall not apply for divorce. If the woman applies for divorce or if the people’s court deems necessary to accept the divorce application of the husband, the case shall not be subject to this restriction.

9.Women have the right to child-bearing in accordance with relevant regulations of the state as well as the freedom not to bear any child.

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