New progress of legislation of women's rights integration
March 08, 2023 09:21 Source: "China Social Sciences" March 8, 2023 Total 2605 Author: Xue Ninglan

Women's rights are a diversified concept,Involved in all aspects of women in society and family life。my country's 1992 "Women's Rights Protection Law" (hereinafter referred to as "Women's Law") is based on women's human rights protection,Women who follow the Constitution have the basic criteria for the right to equal equality with men,Dimensions of women's rights into political rights、Cultural and educational rights、Labor and social security rights、property rights、Personal rights、Six aspects of marriage and family rights and interests。The "Women's Law" after 2022 "Women's Law" further strengthened the construction of the institutional mechanism of the protection of women's rights and interests,Special attention to women's personality rights protection,The original chapter of "personal rights" was renamed "personal and personality rights",Movement as Chapter 3,Highlight women as the subjectivity of independent legal personality。Not only that,The revised "Women's Law" focuses on reality problems,Make up rights and interests to protect shortcomings,Highlight the responsibilities of relevant departments,Add rescue measures、Strengthen legal liability,Further building a confirmation of rights、Infringement prevention、Victims Rescue、The legal guarantee system of women's rights and interests that take responsibility for integration。

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The confirmation of women's rights in my country is expanded from two aspects。First, give women to enjoy the rights of natural persons with independent legal personality and equality between men; second, based on men and women's gender physiological differences,Protective provisions of special rights related to the physical and mental health bet365 Play online games of women。The revised "Women's Law" regulations on the two types of rights (benefits) of women are mainly reflected in: (1) establish "women's politics、Economy、Culture、Society and family life enjoy equal rights with men in all aspects ",At the same time, "Special Rights and Interests of the National Protection of Women in accordance with the law" (Article 2, 1、3 models)。(2) Political rights for women、Personal and personality rights、Cultural and educational rights、Labor and social security rights、property rights、Each chapter of marriage and family rights and interests,The first part of the opening article all stipulates that "the country's guarantee women enjoy equal with men ... rights"。This is not only a reiteration of equal rights with men established by the Constitution,It also clarifies the necessary measures to take the country's negative,Guarantee women's rights and interests,Obligation to promote equality between men and women。

The special rights enjoyed by women in accordance with the law are mainly physical and mental health and fertility rights。For this,The revised "Women's Law" is in personal and personality rights、Labor and social security rights and interests Establish a sound related system,Specific for: (1) Women's Health Service System (30、31);、33); (3) Special labor protection for female employees、Maternity Insurance and Maternity vacation system (47th、51)。

  Infringement prevention 

The purpose of protecting women's rights and interests in accordance with the law,is to promote and realize equality between men and women。For this,Based on the basic national policy and legal principles of men and women,Must be discriminated against all forms bet365 Play online games of women。The revised "Women's Law" continues to adhere to the principle of "eliminating discrimination against all forms of women",Referring to the United Nations "Elimination of All Forms of Women" by the United Nations in my country,Increased regulations in Article 2, 2, "prohibit exclusion、Restricted women bet365 Play online games to enjoy and exercise various rights in accordance with the law ",Explanation refine the basic form of discrimination against women。Although this is not a complete legal definition of "discrimination against women",But marks the progress of my country's law。It is conducive to legislation、Law Enforcement、Recognition discrimination in the judicial process、Correct discrimination,At the same time, it has a variety of equal rights and special rights for protecting women in accordance with the law,Preventing its positive significance to prevent illegal infringement during the enjoyment and exercise of rights。

"Women's Law" pays attention to infringement prevention,It is also reflected in other aspects,For example,Article 4 to ensure the establishment of women's rights and interests as the common responsibility of the whole society,Emphasize that the state has the obligation to provide necessary conditions for women to exercise rights in accordance with the law。Another example,To prevent and stop sexual harassment to women,Article 24、Article 25 of the "Civil Code" About School、Take measures for employers,The principle of fulfilling the obligation of prevention and sexual harassment law,Setting from school curriculum、Campus Management、Construction of facilities、The establishment of the work system for prevention and disposal,Clarify the responsibilities of preventing sexual harassment at all levels at all levels; from internal rules and regulations、Special agency or personnel、Education and Training、Safety security measures、Complaint channel、Investigation Division Procedure, etc.,Specifies the obligation of the employer to prevent and stop sexual harassment。Another example,To prevent and correct gender discrimination in the whole process of labor,Article 42 Clarify that the government and related departments have a measure of improving employment security policies,bet365 best casino games The obligation to prevent and correct the gender discrimination of employment; Article 43 enumerates the specific circumstances of the employer to form a gender discrimination during the recruitment (employment) process; Article 44 requires that employers will sign a labor (employment) contract or contract with female employees or When the service protocol,Special protection for female employees should be protected、Do not limit the marriage of female employees、Fertility and other content as the clause; the collective contract should include the content of equality between men and women and the protection of the rights and interests of female employees,or setting up a special collective contract for the protection of the rights and interests of female employees。Article 49 will recruit、Admission、Johor、promotion、Evaluation of professional and technical titles and positions、Training、Gender discrimination in the process of dismissal is included in the scope of labor security supervision。

  Victims Rescue 

Train、Abduct women、sexual harassment for women、During the termination of love and dating and the termination of love relationships or entanglement of harassing women after divorce、Leaks and spread its privacy and personal information,All are dignified to women's personality、Personal freedom,and health right、physical rights、Privacy、The violation of personality rights such as personal information right。According to legal and law,Women who have been infringed by equity can be relieved by self -relief,Timely prevent the infringement or eliminate the impact,At the same time,They can also seek public relief。For this,The principle of Article 72 of the "Women's Law" after the revised stipulation: "The legitimate rights and interests of women are infringed,I have the right to request relevant departments to deal with it in accordance with bet365 live casino games the law,or apply for mediation in accordance with the law、Arbitration,or sue to the people's court。"to rescue the traffic in time、The kidnapped woman,Further refine the responsibilities of relevant departments。Article 22 adds "Village Committee and Neighborhood Committee" to the responsibilities department,Add "Time to Discover Report" content in the responsibilities of relevant departments,and require various functional departments to "resettlement、Rescue and Caring "and other post -work。For women who are sexually harassed,Article 23 clearly points out,Victim women can complain to relevant units and state organs,You can also report to the public security organs,Civil lawsuits can also be filed with the people's court,Request actors should bear civil liability。For the (former) lovers、Former spouse entanglement harassment、Leaks its privacy and personal information,or facing the above -mentioned danger of infringement,Article 29 authorized the victimized woman "can apply for personal safety protection order from the people's court"。

To increase the strength of public forces,The "Women's Law" after the revised "relief measures" will be separated,Except the provisions of the legal aid and judicial assistance to women,Several new systems are added,It mainly includes: (1) the joint interview system。For employers infringe on women's labor and social security rights,Article 74 stipulates that the human resources and social security departments joint union、The Women's Federation interviews the person unit,Supervised according to law and requires it to correct it within a time limit。(2) Procuratorate public interest litigation system。Article 77 "Confirm the identity of a member of the Rural Women's Collective Economic Organization to infringe the rights and interests of women or infringe on women's rural land contracting and collective income、Land acquisition compensation compensation and distribution rights and the right to use of the homestead; bet365 best casino games infringe on women's equal employment rights and interests; related units have not taken reasonable measures to prevent and stop sexual harassment; degrade the personality of women through mass communication media or other methods,The statutory situation of the public interest lawsuit as a procuratorial organs。(3) Article 76 Requires governments at or above the county level to open a national unified women's equity protection service hotline。(4) Article 78 Establish a system of support for the prosecution。

  Responsibility bears 

Legal responsibility in the women's rights protection system,It is an indispensable last line of defense。illegal and criminal behavior of infringing the legitimate rights and interests of women in accordance with the law,Let the actor、Relevant units and personnel assume the corresponding legal liability,When highlighting legal fairness and justice,It also makes the victim's women spiritual comfort,Material compensation or compensation。

The revised "Women's Law" focuses on increasing the legal liability for violation of the aforementioned new obligations,For example,Article 79 Establish a tram、Direct competent personnel of the abducted woman who "fails to perform the report" and the administrative legal responsibilities of other responsible persons; Article 80 Establish a sexual harassment actor、The school or the employer violates the administrative legal liability of the above provisions; Article 83 stipulates that the employer violates the administrative legal liability for the discrimination of employment gender discrimination,etc.。Of course,Administrative Legal Liability established by the Women's Law,It does not mean that all of the legal responsibility。Infringements、Relevant units and their competent personnel and direct responsible persons if they constitute other administrative violations,Penalties shall be punished in accordance with relevant administrative laws and bet365 Play online games regulations;,It should bear civil liability according to the Civil Code;,Criminal responsibility in accordance with the criminal law。These have greatly enhanced the protection of the law to the women's enjoyment and exercise of various legitimate rights and interests。

  (the author is the director of the Gender and Legal Research Center of the Institute of Law of the Chinese Academy of Social Sciences) 

Editor in charge: Chen Jing
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