The law on the protection of women's rights and interests has ushered in a

2021-12-21

The revised draft of the law on the protection of women's rights and interests was first submitted to the 32nd meeting of the Standing Committee of the 13th National People's Congress on the 20th for deliberation, which is another major adjustment after nearly 30 years of implementation of the law on the protection of women's rights and interests. From eliminating gender discrimination in enrollment and employment to protecting rural women's land and related rights and interests, the revised draft responds to many hot spots, and many aspects deserve attention. Highlight 1: further explain the meaning of "discrimination against women" Compared with the current law, the revised draft further explains the meaning of "discrimination against women", and stipulates that the State shall take necessary measures to gradually improve various systems to protect women's rights and interests, eliminate all forms of discrimination against women, and prohibit exclusion and restriction of women's enjoyment and exercise of various rights and interests according to law on the basis of gender. Wang Jing, Professor of the National Governance Office of the political science and Law Department of the Central Party School (National Academy of administration), said that the revised draft clarified the meaning of "discrimination against women" and further refined the principle of "the state protects women's rights and interests" in the constitution at the level of departmental law to make it more operable. The revised draft also makes it clear to establish a working mechanism for safeguarding women's rights and interests led by the government, coordinated by all parties and social participation; Strengthen the gender equality evaluation mechanism of laws and policies, and improve the gender statistical monitoring index system. "Although the status of women in China is constantly improving, there are still some hidden discrimination. A good gender equality assessment before the introduction of the policy will help to prevent discrimination against women from the source; strengthening the real-time monitoring and tracking of the protection of women's rights and interests can more specifically protect women's legitimate rights and interests." Peng Jing, supervisor of Chongqing Lawyers Association and founding partner of Chongqing Jingsheng law firm, said. Point 2: except for special majors, enrollment shall not refuse women or improve the admission scores of girls With the increasing proportion of women receiving higher education in China, some colleges and universities restrict girls from applying for some majors or artificially improve girls' admission scores in order to balance the proportion of men and women. The revised draft makes it clear that when recruiting students, schools shall not refuse to admit women or raise the admission standards for women on the grounds of gender, except for special majors stipulated by the state. People's governments at all levels shall take measures to ensure that women enjoy equal rights and opportunities to receive secondary and higher education. "By adding the restriction of 'national regulations' before' special majors' in the draft, we want to put the decision-making power of gender restrictions in majors at the national level to avoid abuse of legal provisions." Li Mingshun, vice president of the marriage and Family Law Research Association of the China Law Society and professor of the China Women's college, said. Focus 3: employers should respect women's right to work and reproductive rights In recent years, many women in the workplace have faced such problems. In this regard, the revised draft makes it clear that, unless otherwise stipulated by the state, employers shall not limit men or give priority to men, investigate the marriage and childbearing situation and wishes of female job seekers, and take restrictions on marriage and childbirth as employment conditions. Jiang Yue, a professor at the Law School of Xiamen University, said that the revised draft lists the specific situations of gender discrimination in employment, helps to strengthen the awareness of individual rights protection, provides clear guidance for employers to strengthen internal management, and also provides a more accurate legal basis for judicial practice. The revised draft also calls for strengthening special labor protection for female workers during menstruation, pregnancy, childbirth and lactation. Li Mingshun said that this responded to the new expectations and demands of women for more dignified labor and a better and happy life, and reflected the value guidance of legislators for "respecting the social value of fertility". Focus 4: ensuring rural women's enjoyment of land rights and interests In reality, some places "tacitly" do not give women compensation when land acquisition and demolition, and even set unequal provisions in village rules and regulations, which damage women's legitimate rights and interests, resulting in many contradictions and disputes. In response to the revised draft: the articles of association of villagers' autonomy, village rules and regulations, decisions of villagers' meetings and villagers' representative meetings and other decisions involving villagers' interests shall not infringe on women's rights and interests in rural collective economic organizations on the grounds of women's unmarried, marriage, divorce, widowhood and no male household. The revised draft also brings into the scope of public interest litigation of procuratorial organs the rights and interests of rural land contracting and collective income, compensation and distribution of land expropriation and requisition and the use of homestead that infringe on women's rights and interests. Li Xiaoying, chairman of the women's Federation of Mojiang Hani Autonomous County, Pu'er City, Yunnan Province, who has been engaged in grass-roots women's work for a long time, believes that the revised draft provides practical solutions to the "old and difficult" problem of the protection of rural women's rights and interests, which reflects the high attention paid by the state to the protection of rural women's rights and interests. Focus 5: strengthen the protection of women's personal safety and personality rights and interests In recent years, many cases of infringement of women's personal rights due to marriage and love disputes have aroused public concern. The revised draft stipulates that it is prohibited to pester and harass women and disclose and disseminate women's personal privacy on the grounds of love and making friends or after the end of cohabitation and divorce. If a woman suffers from the above-mentioned violence or is in real danger of the above-mentioned violence, she shall apply to the people's court for a personal safety protection order with reference to the relevant provisions of the anti domestic violence law. Jiang Yue said that the object of the personal safety protection order in the anti domestic violence law is limited to family members and people living together; The revised draft of the law on the protection of women's rights and interests will also include those who have had intimate relations but have separated and did not live together, so that the victims have a more powerful weapon for safeguarding their rights. It is worth noting that the revised draft revised the current law from "the state guarantees that women enjoy equal personal rights with men" to "the state guarantees that women enjoy equal personal rights and interests with men", and added "all other acts that infringe on women's rights to life and health" on the basis of the original prohibition of abuse, abandonment, mutilation and other acts that infringe on women's rights to life and health ". "From 'personal rights' to' personal rights and interests', it reflects the law's respect for women's subject status and the protection of human dignity." Li Mingshun said that in addition to violence, brainwashing, domestication and manipulation of women's spirit also seriously infringe on women's rights and interests in life and health. The revised draft prohibits "all other acts that infringe on women's rights and interests in life and health", which aims to curb the acts of harming women's physical and mental health by non violent means and enhance women's sense of security. In addition, the revised draft also strengthened the protection of women's rights and interests in marriage and family, and made it clear that husband and wife should jointly undertake family obligations. If the woman undertakes more obligations for raising children, caring for the elderly and assisting the man in work, she shall have the right to ask the man for compensation at the time of divorce. The method of compensation shall be agreed by both parties. If the agreement fails, a lawsuit may be brought in the people's court. "Ex post relief can not change the harm caused. To protect women's legitimate rights and interests, we should not only improve women's own legal awareness, but also strengthen the publicity of law popularization in the whole society." Wang Jing said. (outlook new era)

Edit:Luo yu    Responsible editor:Wang er dong

Source:xinhuaNet

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