Law on the Protection of Rights and Interests of Women

Date:     Adopted at the Fifth Session of the Seventh National People's Congress on April 3, 1992, promulgated by Order No.58 of the President of the People's Republic of China on April 3, 1992 and effective as of October 1, 1992

Source:    The Legislative Affairs Commission of the Standing Committee of the National People’s Congress of the People’s Republic of China

Subject:    rights relating to the person, rights and interests relating to marriage and family

Text:

Chapter VI. Rights Relating to the Person

Article 33.   The State shall guarantee that women enjoy equal rights with men relating to their persons.

Article 34.   Women's freedom of the person shall be inviolable. Unlawful detention or deprivation or restriction of women's freedom of the person by other illegal means shall be prohibited; and unlawful body search of women shall be prohibited.

Article 35.   Women's right of life and health shall be inviolable. Drowning, abandoning or cruel infanticide in any manner of female babies shall be prohibited; discrimination against or maltreatment of women who gave birth to female babies or women who are sterile shall be prohibited; cruel treatment causing bodily injury to or death of women by means of superstition or violence shall be prohibited; maltreatment or abandonment of aged women shall be prohibited.

Article 36.   Abduction of and trafficking in, or kidnapping of women shall be prohibited; buying of women who are abducted and trafficked in, or kidnapped shall be prohibited.

People's governments and departments concerned must take timely measures to rescue women who are abducted and trafficked in, or kidnapped. If such women have returned to their former places of residence, nobody may discriminate against them, and the local people's governments and departments concerned shall well settle the problems arising thereafter.

Article 37.   Prostitution or whoring shall be prohibited. It is prohibited for anyone to organize, force, seduce, shelter or introduce a woman to engage in prostitution or employ or shelter a woman to engage in obscene activities with others.

Article 38.   Women's right of portrait shall be protected by law. The use of a woman's portrait for profit-making purposes in advertisements, trademarks, window display, books, magazines, etc., without the consent of the interested woman shall be prohibited.

Article 39.   Women's right of reputation and personal dignity shall be protected by law. Damage to women's reputation or personal dignity by such means as insult, libel or giving publicity to private affairs shall be prohibited.

Chapter VII. Rights and Interests Relating to Marriage and Family

Article 40.   The State shall guarantee that women enjoy equal rights with men in marriage and family.

Article 41.   The State shall protect women's right of self-determination in marriage. Interference with women's freedom of marriage or divorce shall be prohibited.

Article 42.   When a wife terminates gestation as required by the family planning programme, her husband may not apply for a divorce within six months after the operation; this restriction shall not apply in a case where the wife applies for a divorce, or when the people's court deems it necessary to accept the divorce application made by the husband.

Article 43.   A woman shall enjoy equal rights with her spouse in possessing, utilizing, profiting from and disposing of the property jointly possessed by the husband and wife according to law, which shall not be affected by the status of income of either party.

Article 44.   The State shall protect divorced women's ownership of their houses.

At the time of divorce, the husband and the wife shall seek agreement regarding the disposition of their jointly possessed houses; if they fail to reach an agreement, the people's court shall make a judgment in accordance with the actual circumstances of both parties and by taking into consideration the rights and interests of the wife and their child (children), except as otherwise agreed upon by the two parties.

In a case where the husband and wife jointly rent a house or a room, the wife's housing shall, at the time of divorce, be solved according to the principle of taking into consideration the rights and interests of the wife and their child (children).

In a case where the husband and wife live in a house allocated by the unit to which the husband belongs, if the wife has no housing to live in at the time of divorce, the husband shall help her in this regard whenever he can afford to.

Article 45.   Both parents shall enjoy the equal right to guardianship of their minor child (children).

In a case where the father is deceased, incapacitated or under any other circumstances that make him unable to act as the guardian of a minor child (children), nobody may interfere with the mother's right of guardianship.

Article 46.   At the time of divorce, if the wife becomes sterile because of the sterilization operation or any other reasons, the problem to bring up the child (children) shall be so handled that, while to the advantage of the rights and interests of the child (children), due consideration shall be given to the wife's reasonable demands.

Article 47.   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.

Where a couple of child-bearing age practise family planning according to the relevant regulations of the State, the departments concerned shall provide safe and effective contraceptives and techniques, and ensure the health and safety of the woman receiving any birth-control operation.