In the past half-century, the cause of women's human rights in China has been developing gradually and has achieved remarkable results. Reviewing the progress in this sphere in China, I think the protection and development of women's human rights in China have the following characteristics:

1.The cause of women's human rights in China was initiated conscientiously and has been promoted with great efforts by the Chinese government.

Since 1949, gender equality has been the target not only for women but also for the government. In the past 50 years, the Chinese government has taken every legal, executive and educational measure to eliminate prejudices against women, and promoted the development and improvement of women's rights. In 1995, the government stated that the realization of the equality of men and women is a basic national policy to promote social development in China.

a. The protection of the rights of women is an important principle of the Constitution. The Constitution stipulates clearly: "Women in the People's Republic of China enjoy equal rights with men in all spheres of life, political, economic, cultural, and social, including family life." And "The State protects the rights and interests of women, applies the principle of equal pay for equal work for men and women alike, and trains and selects cadres from among women." Also, "Marriage, the family and mother and child are protected by the state. Violation of the freedom of marriage is prohibited. Maltreatment of old people, women and children is prohibited." The Constitution, as the basic law of the country, includes the rights of women in political, economic, cultural and family life. This the first law of its kind in the thousands of years of Chinese history, and rare in the world's history of constitutions. The regulations on women's rights in China provide a legal instrument for the foundation and protection of the realization of women's rights in China.

b. China lays special stress on legislation regarding women's rights and interests. The first law issued after the founding of the People's Republic of China was the Marriage Law, which granted equal rights to women in marriage and family life. The law announced that the feudal marriage system had been abolished, and a new marriage system, including freedom of marriage, monogamy and equal rights for both sexes had been introduced. In the past few decades, over a dozen fundamental laws, including the Law of Election, Law of Succession, Civil Law and Criminal Law, have been enacted by the state, over 40 executive, regulations and rules have been enacted by the State Council and attached ministries, and over 80 local laws and regulations have been enacted by local governments. All these laws carry clear stipulations concerning women's rights. The implementation of the Law of the people's Republic of China Concerning the protection of the Rights and Interests of Women, issued in 1992, was a pioneering step in the history of Chinese law, as well as the first special and fundamental law on the protection of women's human rights in China. The law regulates in a comprehensive way women's equal rights in political, economic, cultural and family life, and it stipulates measures to punish severely all violation of women's rights. Of the 54 articles of the law, 75 percent of the text lists the legal responsibilities of violation in detail, providing a practical legal basis for the enforcement of the law. Now China has established a complete legal framework for safeguarding women's rights on the basis of the Constitution, the Law of the People's Republic of China Concerning the Protection of the Rights and Interests of Women as its mainstay, and with the help of criminal, civil and procedural laws, and various state and local laws and regulations.

c. Special organizations to safeguard women's rights and interests. In 1949 China set up the All-China Women's Federation, which has become an important organization for safeguarding women's rights and interests. It has 54,266 grass-roots units, 80,000 professional women cadres and 880,000 women's representatives committees in urban and rural areas. In April 1988 the Women and Youth Committee of the National Committee of the Chinese People's Political Consultative Conference was set up. In 1989 the Committee for Internal and Judicial Affairs of the National People's Congress established a special group on work concerning women and children, composed of people's representatives, people working in these fields, and authorized and influential experts and scholars who are familiar with women's and children's work. In 1990 the Working Committee on Women and Children of the State Council was set up, composed of the heads of 16 ministries of the State Council and representatives of four non-governmental organizations, with State Councilor Wu Yi as its chairwoman. These special organizations play important roles in stipulating laws and proposals concerning women and children, and supervising and examining the enforcement of related laws.

In recent years, a network of institutions safeguarding women's rights and interests has taken shape in China at the initiative of the government. The network is composed of three levels: First, 2,563 organizations for the protection of rights and interests, law consultant agencies, and interests, law consultant agencies, and lawyers' offices under the Women's Federation; second, a three-level correspondence and visitation network under the Women's Federation, with 187,835 correspondence and visitation organizations; and third, organizations for the safeguarding of rights jointly founded by branches of the Women's Federation at all levels, and public security, procuratorate, court and judicial departments. According to incomplete statistics, China has set up 170 courts to safeguard women's rights and interests, 17 marriage and family life guidance centers, three legal aid centers for women, and a number of domestic violence counseling centers.

A legal aid system has been established and implemented since the beginning of the 1990s. In 1996 the Ministry of Justice, the Ministry of Civil Affairs, the Central Committee of the Communist Youth League of China, All-China Women's Federation and China Disabled Persons' Federation jointly issued an announcement on legal assistance for special social groups. Legal assistance for women is one of the main sections of this.

d. The Chinese government has been positively taking part in international women's rights activities, signing international covenants on women's rights and interests, and international human rights documents; and undertaking the responsibility and obligations to promote human rights. In 1980, China was one of the first countries to sign the Convention on the Elimination of All Forms of Discrimination against Women, the most important international women's rights document. Thereafter, China turned in reports on the enforcement of this convention in a timely fashion, in accordance with the relevant regulations. In 1985, China participated in the supervision and stipulation of the Nairobi Forward-Looking Strategies for the Advancement of Women to the Year 2000. In 1990 China approved the Convention Concerning Equal Remuneration for Men and Women Workers for Work of Equal Value of the International Labor Organization.

In September 1995 China successfully hosted the United Nations Fourth World Conference on Women, the largest conference ever held in China, with over 30,000 representatives from different governments and non-governmental organizations. At the conference, "Women's rights are human rights" and "Put gender consciousness into decision-making" were written into the Beijing Declaration and Platform for Action. Women's rights have become one of the 12 fields covered by the Platform for Action. The Chinese government approved these two important documents and adopted a series of measures to strengthen the protection of women's rights.

e. Drawing up an overall plan for the future development of women's rights and interests so as to provide guidance for their development. In 1995 China stipulated the Outline for the Development of Chinese Women by the Year 2000, an important document for safeguarding women's rights and interests. It put forward a general goal for the development of the cause of women's affairs in China by the year 2000. It includes detailed targets in 11 fields, including participation in governmental and political affairs, employment, education, sanitation and health care, marriage and family life, and international exchange. It also included policies and measures for the fulfillment of these goals. It was China's first blueprint for the development of the cause of women's affairs as well as a solemn promise by the Chinese government to the international community, because it indicates the determination of the Chinese government on women's rights into the 21st century. So far, 31 provinces, municipalities and autonomous regions in China have stipulated detailed regulations and local plans for implementing the Outline for the Development of Chinese Women.

2. China not only pays special attention to the protection of women's rights to equality with men, but has also adopted special protective legislation and executive measures according go women's physiological conditions and the real differences between the two sexes in an attempt to eliminate obstacles to the fulfillment of women's rights and to protect the special rights and interests of women.

Chinese law specially stipulates women's rights of labor protection and working areas where women may not be employed. As early as in 1956, the State Council issued the Regulations on the Protection of Women Workers, which stipulated special labor protection for women workers. In 1986 the Ministry of Public Health, the ministry of Labor and Human Resources, the All-China Federation of Trade Unions and All-China Women's Federation jointly issued the Temporary Regulations on Health Care for Female Employees (trial draft). In 1988 the State Council issued the Regulations on Labor Protection for Female Employees. In 1990 the Ministry of Labor issued the Regulations on Work Prohibited for Female Employees. In 1992 China issued the Law of the People's Republic of China Concerning the Protection of the Rights and Interests of Women. In 1994 China issued the Law of the people's Republic of China Concerning the Mothers and Infant Care. These laws and regulations all stipulate clearly that no organization is allowed to assign women to work at jobs unsuitable for women. In addition, they clearly state that women enjoy special protection during menstruation, pregnancy, maternity and nursing. No organization is allowed to dismiss female employees on the excuse of marriage, pregnancy, maternity leave or nursing, or to terminate labor contracts unilaterally.

The Law of the People's Republic of China Concerning the Protection of the Rights and Interests of Women specially stresses regulations on the right of succession to married daughters and widows, and the property right of rural women. These regulations protect the legal right of succession of married daughters to parent and the right of succession of the widow as the first heir to her husband. The widow has every right to handle an inheritance. The right of remarriage of a widow with property is protected, as is the right of succession of a mother's relatives. No prejudice against women as legal heirs is allowed. A daughter-in-law has the right to the succession of father-and mother-in-law. If the daughter-in-law pays the duty of maintenance to her father-and mother-in-law pays the duty of maintenance to her father-and mother-in-law. Moreover, after the divorce of a rural woman, her contracted fields, and real estate are protected by law.

Chinese law specially emphasizes that it is prohibited to abandon or kill female infants; it is prohibited to show prejudice against or maltreat women who give birth to female infants or are sterile; it is prohibited to kill women for reasons of superstition; it is prohibited to maltreat or abandon elderly women; it is prohibited to abduct, kidnap or sell women, or to accept or purchase women who have been abducted, kidnapped or sold; it is prohibited to engage in prostitution or patronize prostitutes; and women's right of portrait, reputation and human dignity are protected by law.

China's Criminal Law stipulates, "The death penalty shall not be imposed on persons who had not reached the age of 18 at the time the crime was committed or to women who are pregnant at the time of trial." According to the 157th Article of the Criminal Procedure Law of the People's Republic of China, if the criminal is a pregnant women or a woman breast-feeding her own baby, she may be permitted to temporarily serve her term outside prison, under surveillance.

As far as family relationships are concerned, Chinese law clearly protects women's rights and interests. When a people's court hears a case concerning marriage or family life it lays special stress on the legal rights and interests of women and children during the period of separation of housing, nursing of children and separation of property.

In the field of political rights, the Law of the People's Republic of China Concerning the Protection of the Rights and Interests of Women for the first time legislated on the proportion of women to participate in government and political affairs, "Women enjoy equal rights of electing and being elected with men. There should be a certain number of women representatives in national and local people's congresses, and the proportion of women representatives should be increased gradually." This regulation provides a legal guarantee for women's political rights.

In recent years, many ugly phenomena such as prostitution and the kidnapping of women have emerged. In 1991 the Standing Committee of the National People's Congress issued the Decision on the Prohibition of Abducting, Selling or Kidnapping of Women and Children and the Decision on the Prohibition of Prostitution and the Patronizing of Prostitutes. The former not only stipulates severe punishments for abducting, selling or kidnapping women and children, it also makes it a crime to accept or purchase women who have been abducted, sold or kidnapped. The punishment is up to three years in jail. It also stipulates five years in jail for those who force women into prostitution. The Criminal Law of the People's Republic of China, as amended in 1997, revised and improved the regulations on the punishment for crimes of abducting, selling or kidnapping women and children.

2.Women's human Rights in China Enjoy Overall Development and Wide Fulfillment.

First, in political circles, more and more women are assuming positions of authority, and hold leading posts. Since 1949 the positions of vice-chairperson and honorary chairperson of the state have been held by women. In the National People's Congress, the highest organ of political power in China, eight women, including Song Qing Ling, Chen Muhua and Peng Peiyun, have been vice-chairwomen of the standing committee. In the Stage Council, the highest executive organ, five women have held the posts of vice premier or state councilor. At present, there are five women among national leaders, and 18 women ministers.

In the National People's Congress, the number of women deputies has increased gradually. There were 147 women deputies at the first National People's Congress in 1953, accounting for 12 percent of the total number; in 1998, when the Ninth National People's Congress was convened, there were 650 women deputies, accounting for 21.81 percent, a proportion higher than the average rate of 10 percent of women in law-making bodies worldwide. At the Ninth Committee of the Chinese National People's Political Consultative Conference, there 341 women members, accounting for 15.54 percent of the total.

In local government, there were 80 female cadres at the provincial and ministerial levels. In 1997 there was at least one woman member in each Party and government leading group in 31 provinces, municipalities and autonomous regions.

By the end of 1997 the number of women cadres had reached 13,838 million, accounting for 34.4 percent of the total. They are working at various levels of people's governments, people's congresses, people's political consultative conferences, public security bureaus, and procuratorial, judicial and diplomatic departments, and have made great contributions to socialist construction and the progress of women.

Second, Women's Economic and Social Rights Have Been Guaranteed and Promoted.

a) Guaranteeing and promoting women's right of employment. According to statistics, China had 2.13 million women workers in the 1950s, accounting for 11.68 percent of the total; in 1995 there were 56 million women workers in China, accounting for 38 percent of the total; in 1997 there were 57.45 million women workers, accounting for 38.7 percent of the total. At present, women account for 44 percent of the total number of employees in China, higher than the average world standard of 34.5 percent. Although many women workers were laid off during the adjustment of the industrial structure and the transformation of the enterprise system recently, the general rate of employment of women is still to increase.

The Chinese government is adopting positive measures to ensure the re-employment of laid-off women. Governments at all levels have stipulated preferential policies to encourage the re-employment of women, and have set up special organizations to provide vocational training and employment consultation for women. In 1997 the Beijing labor department gave training to 30,000 laid-off and unemployed women. After training, the rate of re-employment reached 80 percent.

The Chinese government has promised to basically solve the food and clothing problem of women in poverty-stricken areas by the end of this century. In 1997 the "Assist-Women Movement" made great progress. The "Happiness Project," aimed at helping mothers in poverty-stricken areas, invested 20 million yuan and assisted over 30,000 mothers.

b) China has realized equal pay for equal work. According to a 1990 survey, the average income of women in urban areas was 77.4 percent of that of men, while the average income of women in rural areas was 81.4 percent that of men.

c) The rights to life and health of women in China have been realized. At present, there are 200,000 people engaged in women's and children's health care work. A network of health care for women in urban and rural areas has already taken shape. Maternity insurance has been included in the national social insurance plans. Some 1,240 cities and counties now provide maternity insurance, with 24.84 million women participating in it. Some 98 percent of urban and 70 percent of rural pregnant women enjoy health care during maternity. The death rate among pregnant and lying-in women declined from 15 per thousand before 1949 to 6.2 per thousand in 1995. The 1973-1975 ration between deaths from disease and those of other reasons among women was 7.34 percent. The figure of 1986 decreased to 5.73 percent. According to a recent survey, over 85 percent of women of child-bearing age now enjoy paid maternity leave.

Now, the life expectancy of women in China has reached 72 years, higher than the goal of 65 years by the year 2000 set by the United Nations, and is approaching the level of some developed countries. In Old China, the figure is 37.6 years.

Third, women's equal rights in marriage and family life have been realized. Before 1949, 95 percent of marriages in China were arranged .According to 1995 statistics, independent marriage of women under 40 years old had reached 80 percent. In families, women enjoy the equal right of economic allocation, the decisive right of household administration, equal guardianship of children, and reproduction right.

Fourth, women's right to receive education has made great strides. In 1949 illiteracy among women in China was 90 percent, but by 1995 this had dropped to 24.05 percent. Now, there are women scientific and technological personnel numbering 10.2 million, accounting for 37.7 percent of the total; women graduate students number 53,517, and women undergraduate students number 1.18 million, accounting for 30.35 percent and 36.42 percent, respectively, of the total number of students at schools and colleges; the rate of enrollment of school-age girls has reached 98.63 percent; and women make up 45.63 percent of the members of various adult education courses.

Of course, it is a long and tedious task to realize the complete equality of the sexes in this country, because China is a country with a long history of feudal backwardness and the people are influenced by many old-fashioned concepts. At present, some unhealthy tendencies of prejudice against women, violation of women's rights and interests-including abducting, selling and kidnapping women prostitution and the patronage of prostitutes, and the violation of the rights and interests of women workers-still exist. But the Chinese government is adopting various measures and Chinese women are making positive efforts to eliminate these phenomena in an attempt to promote the development of women's human rights from legal equality to overall equality in fact.

By: Zhang Xiaoling, Associate Professor, Center for Human Rights Studies, CPC Central Party School.

This thesis was written in 1998