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China to amend law on protection of women's rights and interests

GICexpat 2021-12-24


China will amend the Law on the Protection of Women's Rights and Interests, which will define the specific meaning of "discrimination against women" for the first time, and also prohibit the acts of mind control against women, stipulating that the so-called girl's moral school and PUA (pick-up artist) moves including euphemism for mind control, brainwashing and suppression are illegal.

The draft amendment was submitted to the Standing Committee of the National People's Congress (NPC) for deliberation on Monday, marking another major adjustment to the law since it came into force nearly 30 years ago.

The draft adds the meaning of "discrimination against women" and stipulates that the country shall take necessary measures to gradually improve the systems for protecting women's rights and interests, eliminate all forms of discrimination against them, and prohibit discrimination or restrictions on women's enjoyment and exercise of rights and interests.

In the light of the current situation of promoting gender equality, the draft also adds provisions on temporary special measures to accelerate the realization of de facto equality between men and women.

According to the draft, unless stipulated by the state, employers are not allowed to do the following in the recruitment process: limit men or give them priority; in addition to the basic personal information, further inquiry or investigation of female applicants' marriage, child status and their willingness for marriage and childbearing; including pregnancy tests as an medical examination for employment; restriction on marriage and childbearing as conditions of employment; and other acts of refusing to employ women on the basis of sex or raising the women's employment standards in a differentiated manner.




The draft also improves the mechanism for eliminating gender discrimination in the workplace, which includes promoting collective contracts for the special rights and interests of female employees and establishing a reporting system for gender equality in enterprises.

In recent years, non-violent means including brainwashing, manipulation of women and instigation of female suicide have been reported. For example, some local law enforcement authorities have also investigated a number of organizations and individuals conducting PUA-related training and online sales courses. In addition, the so-called girls' moral school with verbal abuse, contemptuous destruction of female dignity to poison women have emerged in recent years.

In response to the phenomenon, the draft bans the violence of women through mind control, the sale and illegal adoption of girls.

Also, considering cases in which hospitals refuse to provide medical assistance due to unpaid medical fees or the man refusing to sign on the cesarean section operation sheet, the draft stipulates that medical institutions shall, when performing fertility operations, special examinations or treatments, obtain the consent of the pregnant woman. And shall respect the will of the pregnant woman when there is a difference of opinion between the pregnant woman and her family members or related persons.

As women are still the main victims of sexual harassment in society, China's first Civil Code which came into force on January 1 made provisions in principle for sexual harassment. But in view of the difficulty in identifying sexual harassment in practice, the draft clarifies the main forms of sexual harassment.

According to the draft, sexual harassment against a woman's will be prohibited in the ways including words with sexual connotations or innuendo; inappropriate and unnecessary physical behavior; display or disseminate images, texts, information, voice or video with obvious sexual significance; and implying that there will be some benefit in developing a private or sexual relationship.




Source:globaltimes

Editor: Crystal H

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