The Basic Principles of the Protection of Women's Rights and Interests and its development
March 08, 2023 09:22 Source: "Chinese Social Sciences" March 8, 2023 Total 2605 Author: Xia Yinlan

"Women's Rights Protection Law" (hereinafter referred to as "Women's Law") was passed by the Fifth Session of the Seventh National People's Congress in 1992,, which was implemented from October 1, the same year。The Standing Committee of the National People's Congress made the first great repairs to the law in 2005,I made individual adjustments in 2018。The "Women's Rights Protection Law (Revised Draft)" adopted by the 37th meeting of the Standing Committee of the 13th National People's Congress of the 13th National People's Congress was the second time the law was implemented by the law。

The basic principle of "Women's Law" is the fundamental criterion that has a guiding role in the protection of women's rights and interests,The value orientation of the mainstream women's views and legislation of the mainstream of socialism in my country,It is both the starting point and basic guidance idea of ​​women's rights and interests in my country,It is also an important basis for explanation and execution of the Women's Law,There is no clear specification in the law,It can make up for the lack of legal regulations、Explain the role of specific specifications。For 30 years,The basic principles of "Women's Law" have gone through progressive development and changes。

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In 1992, three basic principles were established when the Women's Law was formulated: First, the principle of equality of the right to men and women。Through various regulations,Women in politics、Cultural Education、Labor、Property、Personal and marriage and family equality with men,Comprehensive in the form of law、Systematic fixation。Second is to implement special protection principles for women's bet365 Play online games rights and interests。In view of the physiological differences between men and women and the substantial inequality in reality,Take targeted special protection measures in legislation,and gradually establish a social security system for women,To fully protect the legitimate rights and interests of women。Third, the principle of prohibiting and punishing the violations of women's rights and interests。Ban discrimination with legal means、Abuse、Broken Women。These three basic principles can be persisted in the two subsequent "Women's Law" after the two subsequent "Women's Law",and the actual situation implemented in accordance with the "Women's Law" in each large repair,Make a problem -oriented adjustment adjustment。

When the "Women's Law" was revised in 2005, the "Practice of Men and Women Equality is the basic national policy of the country in Article 2 (2)。The country takes necessary measures,Gradually improve the various systems that protect women's rights and interests,Eliminate discrimination against all forms of women "。Written the basic national policy of equality between men and women for the first time into the law,and eliminate discrimination against all forms of women as one of the basic principles of the Women's Law。This provision has improved the development of legislative concepts and systems for the protection of women's rights and interests in my country,It is of great significance to comprehensively protect the human rights of women。but,This principle does not define women discrimination against women,The result is not clear enough,It is difficult to land in law enforcement。and "Women's Law" this legislative blank,It was mentioned in the conclusion of the United Nations to eliminate the conclusion of the Women's Discrimination Committee on the Chinese Government Performance Bet365 app download Report.,Become the committee to urge China to improve relevant legal and policies and measures。

In 2022, the basic principles were further revised when the Women's Law was revised again: First, in Article 2 Kai Zongmingyi lists the basic national policy of men and women as the first of the basic principles,Emphasizing the primary responsibility of the country's guarantee to achieve equality between men and women。Second, an interpretation of discrimination is added to the principle of discrimination: "... exclusion、Restricted women to enjoy and exercise various rights in accordance with the law "。At the same time,Cancelled Article 2 of 2005, paragraph 4,"Forbidden discrimination、Abuse、Abandoned、Damage "regulations。Where,The content of prohibited discrimination is incorporated into the principle of eliminating discrimination alone,Forbidden abuse、Abandoned、Damage is placed on the right to women in the personal and personality rights chapter in accordance with the legal logic、Physical rights、In the protection regulations for health rights。

  Elimination of the connotation of "discrimination" in the principle of discrimination 

The "prohibited exclusion added in 2022 revised、Restricting women enjoy and exercise various rights in accordance with the law "reflects the main content of the definition of discrimination definition of discrimination in all forms of discrimination against women,Is more condensed、More Chinese expression。The Convention defines the term "discrimination against women","Any difference based on gender、Rejection or limit,Its influence or its purpose is to obstruct or deny that women know whether women are married and unmarried on the basis of equality between men and women、Enjoy or exercise in politics、Economy、Society、Culture、Citizens or human rights and basic freedoms in any other aspect "。Obviously,The core of "discrimination" in the Convention is based on gender -based differences、Bet365 lotto review Rejection or limit,As a result, women cannot exercise their human rights and basic freedom。"Women's Law" regulations on discrimination,Under the context of China,Can be explained as gender -based discrimination,No need to emphasize。Any exclusion、Restricted women to enjoy and exercise their rights in accordance with the law,As a result, women are treated differently in the same or similar situation,It has an adverse effect on women,is discrimination against women。Including but not limited to the following three situations: first,Treat the difference between the difference between men and women under the same or similar conditions,Destrey for women to get the same opportunity or rights as men。Second,Restricted women to enjoy or exercise certain rights,or the restrictions that are more stringent than men enjoys or exercise the same rights than men。third,Neutral standards produce a result of one gender different from the other gender,Policy、Law or specific provisions on the surface of equality leads to essential inequality consequences。but,Not all differences are discriminatory。Special protection measures taken to promote gender equality should not be regarded as discrimination。

Gender discrimination as a common social phenomenon,Not only direct discrimination,also includes indirect discrimination; both include formal discrimination,It also includes substantial discrimination; discrimination is existing,There are also hidden; there are both multiple/crossbars,There is also structural/institutional。So,Eliminate discrimination against women,It is to eliminate all formal discrimination based on gender -based discrimination with women and all the inequality of women suffered in the public and private sector,Comprehensively guarantee women's human rights。Looking forward to the Supreme People's Court and relevant bet365 live casino games departments to introduce the judicial interpretation of "discrimination" as soon as possible、Guiding jurisprudence and related regulations,To better recognize、Prevention and relief women who have been discriminated against,Promote the true equality of the sexual sex。

 Basic Principles of the Women's Law after 2022 revised 

Equality Principles,Equality Principles。Men and women equality is an important principle established by the Constitution of my country,30 years has always been the primary basic principle of "Women's Law"。This amendment highlights the realization of the country's equality of men and women、Responsibility for ensuring the comprehensive development of women,First of all,The state should take necessary measures,Promote equality of men and women; and further enrich and improve the specific system of women's rights and interests in each chapter,Policy, law and mechanism system through the human rights of women,Ensure that women are involved in social life equally、Opportunities for development、Equality enjoy development results。

2,Eliminate the principle of discrimination。Elimination principle of discrimination After the establishment of "Women's Law" in 2005,2022 "Women's Law" perfection,An important basic principle of becoming my country's "Women's Law"。Since the founding of New China,The development of women's women's cause has achieved great achievements,but affected by historical and cultural,Heavy men and women、The backward concept of gender discrimination such as men and women humble has not been cleared in our society。Eliminate discrimination against all forms of women,No form of exclusion、Limited women's phenomenon,can we truly realize that men and women are equal。So,my country should further eliminate the social and cultural soil that discriminates against women who discriminate against women.。Eliminate Bet365 app download discrimination,Not only must you eliminate the rules of discrimination against women、Behavior and Practice,It is necessary to eliminate the ideological roots and social roots of discrimination against women,Formation of respecting women、A good social environment that protects women's rights。

third,Special Protection Principles。Special Protection Principles is the basic principle that Women's Law has always adhered to since 1992。Compared with men,Women are the subject of human rights,The general nature of human rights,Specialty of human rights。The so -called special characteristics,1 refers to the needs of women based on the special interests of women based on physiological characteristics,Second, the social gender differences based on social culture。On the one hand,Women's physical structure and physiological function determine that they are participating in social labor,I also assumed the breeding offspring、Responsibility for nurturing children,It plays an irreplaceable role in the continuity and development of humans itself,The law is necessary to give special protection for women's physiological characteristics,Further improve the social security system。On the other hand,Social differences formed in the process of socialization,Social gender gap that has led to discrimination against women still exists,To protect the comprehensive realization of women's rights and interests,The state must take targeted mechanisms and measures,Special protection for women,Equality of results through formal inequality,Finally reaches the essence of men and women。

The above three principles are interconnected、complement each other。Elimination of gender discrimination is the prerequisite and condition for realizing equality between men and women,Special protection is the method and measure bet365 live casino games of equal men and women。The core of the three principles is equality between men and women,Realizing the harmonious development of the gender of men and women is the ultimate goal and purpose of the Women's Rights Protection Law。

  (The author is a professor at the Human Rights Research Institute of China University of Political Science and Law) 

Editor in charge: Chen Jing
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