[Joint House and Senate Hearing, 112 Congress]
[From the U.S. Government Publishing Office]
STATUS OF WOMEN
=======================================================================
EXCERPTED
from the
2011 ANNUAL REPORT
of the
CONGRESSIONAL-EXECUTIVE COMMISSION ON CHINA
ONE HUNDRED TWELFTH CONGRESS
FIRST SESSION
__________
OCTOBER 10, 2011
__________
Printed for the use of the Congressional-Executive Commission on China
Available via the World Wide Web: http://www.cecc.gov
_____
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CONGRESSIONAL-EXECUTIVE COMMISSION ON CHINA
LEGISLATIVE BRANCH COMMISSIONERS
House
Senate
CHRISTOPHER H. SMITH, New Jersey, SHERROD BROWN, Ohio, Cochairman
Chairman MAX BAUCUS, Montana
CARL LEVIN, Michigan
DIANNE FEINSTEIN, California
JEFF MERKLEY, Oregon
SUSAN COLLINS, Maine
JAMES RISCH, Idaho
EXECUTIVE BRANCH COMMISSIONERS
SETH D. HARRIS, Department of Labor
MARIA OTERO, Department of State
FRANCISCO J. SANCHEZ, Department of Commerce
KURT M. CAMPBELL, Department of State
NISHA DESAI BISWAL, U.S. Agency for International Development
Paul B. Protic, Staff Director
Lawrence T. Liu, Deputy Staff Director
(ii)
Status of Women
Findings
Chinese officials continue to promote existing
laws that aim to protect women's rights, including the
amended PRC Law on the Protection of Women's Rights and
Interests and the amended PRC Marriage Law; however,
ambiguity and lack of clearly outlined responsibilities
in China's national-level legislation, in addition to
selective implementation and selective enforcement of
this legislation across localities, limit progress on
concrete protections of women's rights.
In its domestic laws and policy initiatives
and through its ratification of the Convention on the
Elimination of All Forms of Discrimination against
Women (CEDAW), the Chinese government has committed to
ensuring female representation in government. However,
female representation at all levels of government
appears to have made little significant progress in the
2011 reporting year.
The National People's Congress Standing
Committee passed the revised PRC Organic Law of the
Villagers' Committees in October 2010, revising the
language stating that there should be ``an appropriate
number of women'' in village committees to language
that states village committees ``should have female
members.'' The revised law also includes a stipulation
that women should hold one-third of positions in
village representative assemblies. The impact these
revisions will have on female representation at the
village level in the future is unclear, but some
domestic observers have hailed them as a positive step.
An increase in women's decisionmaking power at the
village level may lead to greater protection of women's
property rights in rural areas.
China has committed under CEDAW to take ``all
appropriate measures to eliminate discrimination
against women in the field of employment.'' Women
continue to experience widespread discrimination in
areas including recruitment, wages, and retirement
despite the fact that the Chinese government has
committed under Article 7 of the International Covenant
of Economic, Social and Cultural Rights and Article 11
of CEDAW to ensuring gender equality in employment.
While China's existing laws such as the PRC Labor Law,
amended PRC Law on the Protection of Women's Rights and
Interests (LPWRI), and PRC Employment Promotion Law
prohibit gender discrimination, they lack clear
definitions and enforcement mechanisms, which weakens
their effectiveness.
The amended LPWRI and amended PRC Marriage Law
prohibit domestic violence, and individuals charged
with the crime of domestic violence are punishable
under the PRC Criminal Law. These national legal
provisions leave many who encounter domestic violence
unprotected, however, as they do not define domestic
violence or outline specific responsibilities of
government departments in prevention, punishment, and
treatment. Officials reportedly completed draft
national-level legislation that clarifies the
definition and distribution of government
responsibilities. Domestic violence reportedly remains
pervasive, affecting nearly one-third of families in
China. China's amended LPWRI also prohibits sexual
harassment and provides an avenue of recourse for
victims. The LPWRI does not, however, provide a clear
definition of sexual harassment or specific standards
and procedures for prevention and punishment,
presenting challenges for victims in protecting their
rights. Sexual harassment reportedly remains prevalent
in China.
Statistics and analysis from studies published
in 2008, 2009, and 2010 regarding China's skewed sex
ratio suggest that sex-selective abortion remains
widespread, especially in rural areas, despite the
government's legislative efforts to deter the practice.
Some observers, including Chinese state-run media, have
linked China's increasingly skewed sex ratio with an
increase in forced prostitution, forced marriages, and
other forms of human trafficking.
Recommendations
Members of the U.S. Congress and Administration officials
are encouraged to:
Support programs in China that increase women's
leadership training through U.S.-China exchanges and
international conferences. Support legal programs that
promote women's land rights, especially in rural areas,
and urge that steps be taken to ensure that village
rules and regulations are in accordance with national-
level laws and policies and to ensure adequate
protection of women's rights and interests.
Urge the Chinese government to strengthen
enforcement mechanisms for implementation of provisions
in the PRC Labor Law, the amended PRC Law on the
Protection of Women's Rights and Interests (LPWRI), and
the PRC Employment Promotion Law that prohibit gender
discrimination. Urge Chinese officials to address
specifically gender discrimination in recruitment,
wages, and retirement.
Urge the Chinese government to enact
comprehensive national-level legislation that clearly
defines domestic violence, assigns responsibilities to
government and civil society organizations in
addressing it, and outlines punishments for offenders.
Inquire whether officials will release such legislation
for public comment and, if so, how long the public
comment period will be and to whom it will be made
available. Urge the Chinese government to further
revise the LPWRI or enact new comprehensive national-
level legislation to provide a clear definition of
sexual harassment and specific standards and procedures
for prevention and punishment. Support training
programs that increase awareness of domestic violence
and sexual harassment issues among judicial and law
enforcement personnel.
Introduction
Chinese officials continue to actively promote the
protection of women's rights and interests in accordance with
international human rights norms; however, due in part to
ambiguity and a lack of clearly outlined responsibilities in
China's national-level legislation, women still encounter
gender inequality, discrimination, and other abuses in the
community, in the workplace, and at home. Women's
representation in leadership positions at all levels of
government still falls short of international norms and,
according to the most recent available statistics, appears to
have made little significant progress for at least four
decades. Chinese women continued to face gender-based
employment discrimination during the Commission's 2011
reporting year, including lower average wages than their male
counterparts, gender bias in recruitment, and compulsory
retirement at an age set 5 to 10 years younger than that of
men. Domestic violence and sexual harassment reportedly affect
a majority of Chinese women, yet ambiguity in China's existing
national-level legislation on these issues limits preventative
measures and makes it difficult for women to seek recourse when
they encounter abusive treatment. Officials reportedly
completed draft domestic violence legislation that addresses
longstanding concerns regarding issues such as domestic
violence among cohabitating couples, psychological abuse, and
physical violence, but it is unclear when and if such
legislation will be placed on the legislative agenda. Sex-
selective abortion continues, despite Chinese government
regulations prohibiting the practice, and exacerbates China's
severely imbalanced sex ratio. Observers have raised concerns
this year that China's skewed sex ratio may lead to an uptick
in the trafficking of women for forced marriage or commercial
sexual exploitation.
Gender Equality
In its domestic laws \1\ and policy initiatives \2\ and
through its ratification of the Convention on the Elimination
of All Forms of Discrimination against Women (CEDAW),\3\ the
Chinese government has committed to ensuring female
representation in government. However, at the highest levels of
the central government, as well as in the Communist Party,
female representation remains low. Only one woman currently
holds a position in the Party's top-ranking 25-person Political
Bureau of the Communist Party Central Committee,\4\ and women
hold only four positions in China's 35-person State Council.\5\
Official statistics on female political participation in the
country's legislature do not appear to be available for years
more recent than 2008,\6\ at which time China's National Bureau
of Statistics reported that women made up approximately 21
percent of delegates to the National People's Congress. This
figure has shown little growth since the early 1970s \7\ and
remains short of the 30 percent standard set by the UN
Commission on the Status of Women in 1990.\8\ Song Xiuyan, Vice
Chair of the National Working Committee on Children and Women
under the State Council, reported in August 2011 that female
leadership has increased in the provincial, municipal, and
county levels of government since 2000. When asked about the
lack of women's political participation at higher levels, she
stated, ``[W]e still have a lot of work to do to raise social
awareness and guarantee gender equality through legal means.''
\9\ In August 2011, the State Council issued the PRC Outline
for the Development of Women (2011-2020), which, among other
goals, calls for ``local governments at the county level and
above to have at least one female leader'' by the end of
2020.\10\
Against a backdrop of reportedly limited female
representation at the village level,\11\ authorities revised
national-level legislation this year, changing the language on
female quotas in village committees and village representative
assemblies. With limited decisionmaking power in village
committees, women face challenges in protecting their rights
and interests.\12\ The National People's Congress Standing
Committee passed the revised PRC Organic Law of the Villagers'
Committees in October 2010, changing the stipulation that
village committees should have ``an appropriate number of
women'' \13\ to the stipulation that village committees
``should have female members.'' \14\ The revised law also
includes a new stipulation requiring that ``female village
representatives should make up one-third or more of the village
representative assembly,'' a separate decisionmaking body made
up of village committee members and village
representatives.\15\ According to one Peking University law
professor, ``The Organic Law of the Villagers' Committees is
not directly aimed at furthering women's rights, however, it is
of great significance in protecting women's rights, for it is
related to women's right to vote, which is vital in upholding
and furthering women's rights and gender equality.'' \16\ The
impact that these revisions will have on female representation
at the village level in the future is unclear, but some
domestic observers have hailed them as a positive step.\17\ An
increase in women's decisionmaking power at the village level
may lead to greater protection of women's property rights,\18\
an issue that plagues rural women who lose their land when they
marry out of their village.\19\ [For additional information on
the PRC Organic Law of the Villagers' Committees, see Section
III--Institutions of Democratic Governance.]
Employment Discrimination
Gender-based employment discrimination with respect to
issues such as wages, recruitment, and retirement age remains
widespread in China, despite government efforts to eliminate it
and promote women's employment. The Chinese government has
signed and ratified the International Covenant on Economic,
Social and Cultural Rights and has committed under Article 7 to
ensuring ``the right of everyone to the enjoyment of just and
favourable conditions of work,'' including ``equal pay for
equal work,'' and ``equal opportunity for everyone to be
promoted in his employment to an appropriate higher level,
subject to no considerations other than those of seniority and
competence.'' \20\ Several domestic laws also prohibit gender
discrimination and promote gender equality in the
workplace,\21\ but according to an analysis in a February 2010
Women's Watch-China report, these laws do not provide guidance
for an enforcement mechanism. For example, if a female
encounters discrimination in recruitment or on the job, she has
no legal basis for filing a lawsuit against the discriminatory
behavior; she can only request labor arbitration.\22\
A number of domestic reports and surveys from the 2011
reporting year highlighted challenges that women continue to
face in employment due to their gender:
Difficulty securing employment. According to
a January 2011 Shaanxi Provincial Women's Federation
survey, 70 percent of those surveyed believed that
males have an easier time finding a job than females.
In addition, 44 percent of females surveyed reported
that they had encountered discrimination based on their
marital or childbearing status, compared to 13.9
percent of their male counterparts. In addition, 19
percent of females surveyed reported that their height
and physical appearance were obstacles in their job
search, compared to 10.9 percent of their male
counterparts.\23\
Wage disparity. A survey released in February
2011 by the educational consulting firm MyCOS reported
that the income gap between male and female graduates
increased with their level of education. For example,
on a monthly basis, males with vocational school
degrees reportedly earned an average of 169 yuan
(US$26) more than females, males with undergraduate
degrees reportedly earned an average of 330 yuan
(US$51) more than females, and males with graduate
degrees earned an average of 815 yuan (US$126) more
than females.\24\
Unequal treatment. A study released in March
2011 by the non-profit research group Center for Work-
Life Policy reported that, in a survey on the female
talent pool in China, 35 percent of those surveyed
believed that women faced unfair treatment at work. The
study also found that 48 percent of women choose to
``disengage, scale back their ambitions or consider
quitting [their jobs]'' due to ``problems of bias.''
\25\
Forced early retirement. Mandatory retirement
ages for women in China continue to be five years
earlier than those for men.\26\ Public discussion on
retirement age burgeoned in the 2011 reporting year
surrounding the publication of a white paper on the
state of China's human resources in September 2010,\27\
the issuance of new social security regulations in
Shanghai municipality in September 2010,\28\ passage of
the PRC Law on Social Insurance in October 2010,\29\
proposals at the annual sessions of the National
People's Congress in March 2011,\30\ and the release of
the 2010 Census results in April.\31\ The gender
discrepancy in retirement age may obstruct some women's
career advancement and impact their economic rights and
interests.\32\ In the past, the lower retirement age
for women has also reportedly contributed to hiring
discrimination, as employers in some cases preferred to
hire women younger than 40 years of age.\33\
In May 2011, the Shenzhen Municipal Women's Federation
passed draft regulations on gender equality.\34\ If adopted,
the Shenzhen Special Economic Zone Gender Equality Promotion
Regulations would be the first legislation of their kind in
China to specifically focus on gender equality.\35\ The draft
has reportedly been placed on the 2011 legislative agenda.\36\
Violence Against Women
domestic violence
The amended PRC Law on the Protection of Women's Rights and
Interests (LPWRI) and amended PRC Marriage Law prohibit
domestic violence,\37\ and the crime of domestic violence is
punishable under the PRC Criminal Law.\38\ The problem of
domestic violence remains widespread, reportedly affecting more
than one-third of Chinese families.\39\ Current national-level
legal provisions regarding domestic violence leave many victims
unprotected, as they simply prohibit domestic violence without
defining the term or clarifying specific responsibilities of
government departments in prevention, punishment, and
treatment.\40\ During the Commission's 2011 reporting year,
Chinese advocates continued to express concern regarding the
nationwide problem of domestic violence and called for clear
national-level legislation on domestic violence.\41\ According
to state-run media sources, officials announced in March 2011
the completion of draft domestic violence legislation.\42\
Highlights reportedly include attention given to cohabitating
couples, as well as to cases that involve ``psychological
violence.'' \43\
sexual harassment
Sexual harassment remains prevalent in China, yet those who
encounter sexual harassment remain largely unprotected under
Chinese law and face difficulties in defending their rights. An
April 2011 article published by a Chinese business
investigation group reported that 84 percent of women in China
had experienced some form of sexual harassment and that 50
percent of this harassment had occurred in the workplace.\44\ A
Women's Watch-China (WWC) survey released in May 2011
interviewed both men and women and found that 19.8 percent of
those surveyed had experienced sexual harassment, and of those,
55.1 percent were women.\45\ The Chinese government has
committed under Article 11 of the Convention on the Elimination
of All Forms of Discrimination against Women to taking ``all
appropriate measures to eliminate discrimination against women
in the field of employment,'' \46\ and it introduced the
concept of sexual harassment into legislation with the 2005
amendment to the LPWRI.\47\ The amended LPWRI prohibits sexual
harassment and provides an avenue of recourse for victims
through either administrative punishment for offenders or civil
action in the court system, but it does not provide a clear
definition of sexual harassment or specific standards and
procedures for prevention and punishment.\48\ While most people
who face sexual harassment choose to remain silent about
it,\49\ those who decide to take legal action risk losing their
lawsuits due to the challenge of supplying adequate
evidence.\50\
As reported in the Commission's 2009 and 2010 Annual
Reports, in February 2009, a study group led by three Chinese
researchers submitted a draft proposal to the National People's
Congress for a law aimed at preventing sexual harassment in the
workplace.\51\ The proposed law would hold the Ministry of
Human Resources and Social Security responsible for prevention
and punishment of sexual harassment in the workplace, while
also holding the All-China Federation of Trade Unions, the
Communist Youth League, and the All-China Women's Federation
responsible for providing aid to those who experience sexual
harassment.\52\ The Commission has not found indicators of
progress on this or similar national-level legislation during
the 2011 reporting year.
Population Planning and Gender Equality
According to reports during the Commission's 2011 reporting
year, sex-selective abortion continues, despite the
government's legislative and policy efforts to deter such
practices. In response to government-imposed birth limits and
in keeping with a traditional cultural bias for sons, some
Chinese parents choose to engage in sex-selective abortion,
especially rural couples whose first child is a girl.\53\ The
Chinese government issued national regulations in 2003 banning
prenatal gender determination and sex-selective abortion.\54\
Statistics and analysis from studies published in 2008,\55\
2009,\56\ and 2010 \57\ regarding China's significantly skewed
sex ratio show that sex-selective abortion remains prevalent,
especially in rural areas, suggesting that implementation of
the ban on sex-selective abortion remains uneven. In August
2011, the State Council issued the PRC Outline for the
Development of Children (2011-2020), which urged officials to
``step up efforts against the use of ultrasound and other
[forms of technology] to engage in non-medically necessary sex
determination and sex-selective abortion.'' \58\ Some
observers, including Chinese state media, have linked China's
increasingly skewed sex ratio with an increase in forced
prostitution, forced marriages, and other forms of human
trafficking.\59\ [For more information regarding China's skewed
sex ratio, see Section II--Population Planning.]
Endnotes
\1\ The PRC Law on the Protection of Women's Rights and Interests
and the PRC Electoral Law of the National People's Congress and Local
People's Congresses stipulate that an ``appropriate number'' of female
deputies should serve at all levels of people's congresses. PRC Law on
the Protection of Women's Rights and Interests [Zhonghua renmin
gongheguo funu quanyi baozhang fa], enacted 3 April 92, effective 1
October 92, amended 28 August 05, art. 11; PRC Electoral Law of the
National People's Congress and Local People's Congresses [Zhonghua
renmin gongheguo quanguo renmin daibiao dahui he difang geji renmin
daibiao dahui xuanju fa], enacted 1 July 79, amended 10 December 82, 2
December 86, 28 February 95, 27 October 04, 14 March 10, art. 6.
\2\ PRC State Council, PRC Outline for the Development of Women
[Zhongguo funu fazhan gangyao], issued 30 July 11; PRC State Council,
PRC Outline for the Development of Children [Zhongguo ertong fazhan
gangyao], issued 30 July 11.
\3\ Convention on the Elimination of All Forms of Discrimination
against Women, adopted and opened for signature, ratification, and
accession by UN General Assembly resolution 34/180 of 18 December 79,
entry into force 3 September 81, art. 7. China signed the convention on
17 July 80 and ratified it on 4 November 80.
\4\ State Councilor Liu Yandong is reportedly the only woman who
holds a position in the Politburo. Jen-Kai Liu, ``The Main National
Leadership of the PRC,'' China Data Supplement, Journal of Current
Chinese Affairs, Vol. 19, No. 3 (2011), 3; ``Liu Yandong,'' China
Vitae, accessed 13 April 11.
\5\ Jen-Kai Liu, ``The Main National Leadership of the PRC,'' China
Data Supplement, Journal of Current Chinese Affairs, Vol. 19, No. 3
(2011), 3; Michael Forsythe and Yidi Zhao, ``Women Knowing China Men
Rule Prove Mao's Half the Sky Remains Unfulfilled,'' Bloomberg News, 23
June 11.
\6\ ``Number of Deputies to All Previous National People's
Congresses'' [Lijie quanguo renmin daibiao dahui daibiao renshu], China
Statistical Yearbook 2010, 26 September 10, Table 22-1.
\7\ Ibid.
\8\ The target of 30 percent female representation in leadership
positions by 1995 was set by the UN Commission on the Status of Women
at its 34th session in 1990. ``Target: 30 Percent of Leadership
Positions to Women by 1995--United Nations Commission on the Status of
Women,'' United Nations Publications, reprinted in Bnet, June 1990.
\9\ ``87.1 Pct of China's Provincial Regions Have Female Vice
Governors,'' Xinhua, 9 August 11.
\10\ PRC State Council, PRC Outline for the Development of Women
[Zhongguo funu fazhan gangyao], issued 30 July 11; PRC State Council,
PRC Outline for the Development of Children [Zhongguo ertong fazhan
gangyao], issued 30 July 11; He Dan and Cang Wei, ``Women Seek Larger
Role,'' China Daily, 10 August 11.
\11\ According to All-China Women's Federation Deputy Chair Hong
Tianhui, cited in a November 2010 People's Daily report, women hold
approximately 3 percent of village committee director positions.
``Official: China's Sex Ratio Lacks Proportion,'' People's Daily, 17
November 10. For statistics on village representation from the 2010
reporting year, see ``Chen Zhili: All-China Women's Federation Actively
Promotes Female Political Participation'' [Chen zhili biaoshi fulian
jiang jiji tuidong funu canzheng yizheng], China Radio International, 6
March 10.
\12\ Women's Watch-China, ``Annual Report 2008,'' 23 October 09,
19. According to this report, ``Women's participation in grassroots
decision-making bodies is comparatively low. They have a disadvantaged
position in political affairs. Moreover, as women had been kept away
from the decision-making power of the village, they had low awareness
of or enthusiasm for getting involved in village self-governance and
safeguarding their rights and interests. Consequently, they were not
able to unite themselves into a powerful interest group and to fight
for their own rights and interests. As a result, they could not
challenge the powerful and dominant male decision-making groups.''
\13\ PRC Organic Law of the Villagers' Committees [Zhonghua renmin
gongheguo cunmin weiyuanhui zuzhi fa], enacted 4 November 98, art. 9.
\14\ PRC Organic Law of the Villagers' Committees [Zhonghua renmin
gongheguo cunmin weiyuanhui zuzhi fa], enacted 4 November 98, amended
28 October 10, art. 6.
\15\ Ibid., art. 25.
\16\ Wang Lei, Women's Watch-China, ``A Perspective on the
Amendment of the Organic Law of the Villagers' Committees Concerning
the Protection of Women's Rights,'' 15 March 10.
\17\ Women's Watch-China, ``Women's Organizations Discuss Draft of
Revised Organic Law of the Villagers' Committees, Each Anticipate
Increased Level of Village Female Political Participation'' [Funu jie
tan cunmin weiyuanhui zuzhi fa xiuding cao'an-yiyi qidai nongcun funu
canzheng shuiping jinyibu tigao], 2 February 10.
\18\ Women's Watch-China, ``Annual Report 2008,'' 23 October 09,
19-20, 27.
\19\ Women's Watch-China, ``20 Percent of Rural-to-Urban Female
Migrant Workers Lose Land'' [20% jincheng wugong nongcun nuxing shiqu
tudi], 12 February 11; Women's Watch-China, ``The E-Newsletter 69 of
WW-China,'' 16 June 11, 4-8. For information on one city's revision of
village rules and regulations to safeguard women's rights and
interests, see ``Revision of Village Regulations Is a Starting Point
Opportunity for Village Women's Rights Defense'' [Cungui minyue xiuding
shi jihui cun tun funu weiquan you zhuashou], Heilongjiang Daily, 4
November 10.
\20\ International Covenant on Economic, Social and Cultural Rights
(ICESCR), adopted by UN General Assembly resolution 2200A (XXI) of 16
December 66, entry into force 3 January 76, art. 7. China signed the
covenant on 27 October 97 and ratified it on 27 March 01. See also PRC
Employment Promotion Law [Zhonghua renmin gongheguo jiuye cujin fa],
enacted 30 August 07, effective 1 January 08, art. 3.
\21\ PRC Labor Law [Zhonghua renmin gongheguo laodong fa], enacted
5 July 94, effective 1 January 95, amended 10 October 01, arts. 12, 13.
PRC Law on the Protection of Women's Rights and Interests [Zhonghua
renmin gongheguo funu quanyi baozhang fa], enacted 3 April 92,
effective 1 October 92, amended 28 August 05, arts. 22-27; PRC
Employment Promotion Law [Zhonghua renmin gongheguo jiuye cujin fa],
enacted 30 August 07, effective 1 January 08, art. 3.
\22\ Women's Watch-China, ``The E-Newsletter 54 of WW-China,''
February 2010, 10.
\23\ ``19 Percent of Women Face Discrimination Based on Appearance
When Seeking Jobs, 44 Percent of Women Have Faced Discrimination Based
on Childbearing Status'' [19% nuxing qiuzhi cunzai rongmao qishi, 44%
nuxing zao hunyun qishi], Xi'an Evening News, 13 January 11.
\24\ ``Analysis of October Results From the `2011 University
Graduate Follow-Up Survey Monthly Report,' '' MyCOS HR Digital
Information Co., Ltd., 2011; Women's Watch-China, ``Income Gap Is Large
Between Male and Female University Students'' [Nannu daxuesheng shouru
chaju da], 3 March 11.
\25\ Center for Work-Life Policy, ``New Study Finds the Solution to
China's Talent Crunch Is in the Hidden Talent Pool of Educated Chinese
Women,'' 22 March 11.
\26\ Currently, retirement ages for male and female government and
Party officials are 60 and 55, respectively, while retirement ages for
male and female workers in general are 60 and 50, respectively.
``China's Compulsory Retirement Age for Males and Females Challenged
for Violating Constitution'' [Woguo nannu tuixiu nianling guiding
beitiqing weixian shencha], China Law Education, 16 March 06. For
information on the current debate about raising the retirement age, see
``Retirement Age Will Be Pushed Back: Minister,'' China Daily,
reprinted in Sina, 22 March 10.
\27\ PRC State Council Information Office, ``China's Human
Resources Situation'' [Zhongguo de renli ziyuan zhuangkuang], reprinted
in PRC Central Government Web Portal, 10 September 10. For discussion
following this white paper on retirement age, see, e.g., Kit Gillet,
``White Paper on Retirement Age Prompts Fresh Debate,'' South China
Morning Post, 22 September 10.
\28\ Shanghai Municipal Bureau of Human Resources and Social
Security, Municipal Bureau of Human Resources and Social Security Trial
Opinion Regarding [Shanghai's] Enterprise Talent Pool of All Kinds and
Flexible Deferment of the Pension Application Process [Shi renli ziyuan
shehui baozhang ju guanyu benshi qiye gelei rencai rouxing yanchi banli
shenling jiben yanglaojin shouxu de shixing yijian], issued 6 September
10, effective 1 October 10; Huang Anqi, ``Relevant Person in Charge at
Shanghai Municipal Bureau of Human Resources and Social Security
Analyzes Shanghai's `Trial Opinions' To Defer Application for Pension''
[Shanghai shi renli ziyuan he shehui baozhang ju youguan fuzeren jiedu
shanghai yanchi shenling yanglaojin ``shixing yijian''], Xinhua, 5
October 10; Duan Yan, ``Age-Old Problem Looms for Families,'' China
Daily, 14 October 10.
\29\ PRC Social Insurance Law [Zhonghua renmin gongheguo shehui
baoxian fa], enacted 28 October 10, effective 1 July 11. For examples
of reports discussing the possibility of and need for raising the
retirement age, see Chen Xin, ``Experts Warn Pension Fund Under
Pressure,'' China Daily, 30 October 10.
\30\ Li Dong et al., ``Respect Women's Choice'' [Zunzhong nuxing
ziji xuanze], Guangzhou Daily, 8 March 11; Zhao Yinan, ``Women's
Retirement May Be Delayed,'' China Daily, 1 March 11; Wang Chunxia,
All-China Women's Federation, ``Gender Equal Retirement Age Imminent
but Gradual,'' 15 March 11.
\31\ National Bureau of Statistics, ``Report on the Main Data From
the 2010 Sixth National Population Census (No. 1)'' [2010 nian diliuci
quanguo renkou pucha zhuyao shuju gongbao (di 1 hao)], 28 April 11;
National Bureau of Statistics, ``Report on the Main Data From the 2010
Sixth National Population Census (No. 2)'' [2010 nian diliuci quanguo
renkou pucha zhuyao shuju gongbao (di 2 hao)], 29 April 11; Feng Han,
``Flexible Retirement System Under Discussion in China,'' Global Times,
25 May 11.
\32\ Gao Zhuyuan, ``Same Retirement Age for All,'' China Daily, 24
March 11. According to one observer cited in this report, the earlier
compulsory retirement age for women is ``outdated, causes huge
financial loss to women and blocks their career path.''
\33\ ``China's Compulsory Retirement Age for Males and Females
Challenged for Violating Constitution'' [Woguo nannu tuixiu nianling
guiding bei tiqing weixian shencha], China Law Education, 16 March 06;
CECC, 2009 Annual Report, 10 October 09, 170.
\34\ All-China Women's Federation, ``Shenzhen First To Enforce
Rules on Gender Equality,'' 1 June 11.
\35\ For a brief analysis of highlights in the draft regulations,
see Women's Watch-China, ``Preparing To Draft Gender Equality Promotion
Regulations, Shenzhen Leads the Way'' [Yunniang zhiding xingbie
pingdeng cujin tiaoli, shenzhen xianxing], 3 March 11. See also CECC,
2010 Annual Report, 10 October 10, 131-132.
\36\ All-China Women's Federation, ``Shenzhen First To Enforce
Rules on Gender Equality,'' 1 June 11; `` `Gender Equality Promotion
Regulations' on Shenzhen's Legislative Agenda This Year'' [``Xingbie
pingdeng cujin tiaoli'' lieru shenzhen jinnian lifa xiangmu], China
Women's News, reprinted in All-China Women's Federation, 22 March 11.
\37\ PRC Law on the Protection of Women's Rights and Interests
[Zhonghua renmin gongheguo funu quanyi baozhang fa], enacted 3 April
92, effective 1 October 92, amended 28 August 05, art. 46; PRC Marriage
Law [Zhonghua renmin gongheguo hunyin fa], enacted 10 September 80,
effective 1 January 81, amended 28 April 01, art. 3.
\38\ PRC Criminal Law [Zhonghua renmin gongheguo xing fa], enacted
1 July 79, amended 14 March 97, effective 1 October 97, amended 25
December 99, 31 August 01, 29 December 01, 28 December 02, 28 February
05, 29 June 06, 28 February 09, 25 February 11, arts. 234, 236, 260.
\39\ Cheng Yingqi, ``Call for Legislation To Curb Domestic
Violence,'' China Daily, 26 November 10.
\40\ PRC Law on the Protection of Women's Rights and Interests
[Zhonghua renmin gongheguo funu quanyi baozhang fa], enacted 3 April
92, effective 1 October 92, amended 28 August 05, art. 46; PRC Marriage
Law [Zhonghua renmin gongheguo hunyin fa], enacted 10 September 80,
effective 1 January 81, amended 28 April 01, art. 3. For Chinese
experts' discussion of the shortcomings of current national-level
legislation, see ``All-China Women's Federation Strongly Promotes Anti-
Domestic Violence Law'' [Quanguo fulian litui fan jiating baoli fa],
People's Representative News, 31 December 09; Women's Watch-China,
``Proposal for Law on Prevention and Curbing of Domestic Violence Comes
Out'' [Yufang he zhizhi jiating baoli fa jianyi gao chulu], 28 November
09; He Ping, ``China Scholars Call for Attention on `Anti-Domestic
Violence Legislation' '' [Zhongguo xuezhe huyu guanzhu ``fan jiating
baoli'' lifa], Radio Free Asia, 13 January 10. See also ``All-China
Women's Federation Proposes, Highlights Need for Draft Anti-Domestic
Violence Legislation,'' Congressional-Executive Commission on China, 2
February 10.
\41\ ``All-China Women's Federation Vice-Chair: Anti-Domestic
Violence Should Be Entered Into Legislative Agenda'' [Quanguo fulian fu
zhuxi: fan jiating baoli ying lieru lifa], Jinghua Times, reprinted in
Huanqiu Net, 8 March 11; Cheng Yingqi, ``Call for Legislation To Curb
Domestic Violence,'' China Daily, 26 November 10.
\42\ Chen Bin, ``Draft of First Anti-Domestic Violence Law
Reportedly Already Complete'' [Jucheng shoubu fan jiating baoli fa
cao'an yi qicao wancheng], Legal Weekly, reprinted in Sina, 18 March
11; ``Draft of `Anti-Domestic Violence Law' Complete'' [``Fan jiating
baoli fa'' cao'an qicao wancheng], Xinhua, 20 March 11.
\43\ ``Draft of `Anti-Domestic Violence Law' Complete'' [``Fan
jiating baoli fa'' cao'an qicao wancheng], Xinhua, 20 March 11.
\44\ Guangdong Bonthe Business Investigation Co., ``Female
University Graduate Survey'' [Nu daxuesheng diaocha], 21 April 11.
\45\ Women's Watch-China, ``Survey Report on Sexual Harassment in
the Workplace'' [Zhichang xing saorao diaocha baogao], 16 May 11, 3.
\46\ Convention on the Elimination of All Forms of Discrimination
against Women, adopted and opened for signature, ratification, and
accession by UN General Assembly resolution 34/180 of 18 December 79,
entry into force 2 September 81, art. 11. China signed the convention
on 17 July 80 and ratified it on 4 November 80.
\47\ Women's Watch-China, ``Annual Report 2008,'' 23 October 09,
30; PRC Law on the Protection of Women's Rights and Interests [Zhonghua
renmin gongheguo funu quanyi baozhang fa], enacted 3 April 92,
effective 1 October 92, amended 28 August 05, arts. 40, 58.
\48\ Ibid.
\49\ Tang Yu, ``Sexual Harassment in the Workplace, What
Difficulties Exist in Defending One's Rights'' [Zhichang xing saorao
weiquan heqi nan], China Worker Net, 7 January 11; Women's Watch-China,
``Survey Report on Sexual Harassment in the Workplace'' [Zhichang xing
saorao diaocha baogao], 16 May 11, 5.
\50\ Tang Yu, ``Sexual Harassment in the Workplace, What
Difficulties Exist in Defending One's Rights'' [Zhichang xing saorao
weiquan heqi nan], China Worker Net, 7 January 11; Gao Zhuyuan, ``The
Evil of Sexual Harassment,'' China Daily, 2 June 11.
\51\ Maple Women's Psychological Counseling Center Beijing, ``Law
on Prevention of Sexual Harassment in the Workplace Submitted to the
National People's Congress (Draft Proposal)'' [Xiang quanguo renda
tijiao ``gongzuo changsuo xing saorao fangzhifa'' (jianyi gao) yi an],
17 March 09; CECC, 2010 Annual Report, 10 October 10, 133.
\52\ Maple Women's Psychological Counseling Center Beijing, ``Law
on Prevention of Sexual Harassment in the Workplace Submitted to the
National People's Congress (Draft Proposal)'' [Xiang quanguo renda
tijiao ``gongzuo changsuo xing saorao fangzhifa'' (jianyi gao) yi an],
17 March 09.
\53\ See, e.g., Therese Hesketh, Li Lu, and Zhu Wei Xing, ``The
Consequences of Son Preference and Sex-Selective Abortion in China and
Other Asian Countries,'' Canadian Medical Journal, 14 March 11, 1-2;
Mikhail Lipatov, Shuzhuo Li, and Marcus W. Feldman, ``Economics,
Cultural Transmission, and the Dynamics of the Sex Ratio at Birth in
China,'' Proceedings of the National Academy of Sciences of the United
States of America, Vol. 105, No. 49 (2008), 19171. According to this
study, ``The root of the [sex ratio] problem lies in a 2,500-year-old
culture of son preference.'' See also Chu Junhong, ``Prenatal Sex
Determination and Sex-Selective Abortion in Rural Central China,''
Population and Development Review, Vol. 27, No. 2 (2001), 260; Joseph
Chamie, ``The Global Abortion Bind: A Woman's Right To Choose Gives Way
to Sex-Selection Abortions and Dangerous Gender Imbalances,'' Yale
Global, 29 May 08.
\54\ State Commission for Population and Family Planning, Ministry
of Health, State Food and Drug Administration, PRC Regulations
Regarding the Prohibition of Non-Medically Necessary Gender
Determination Examinations and Sex-Selective Termination of Pregnancy
[Guanyu jinzhi fei yixue xuyao de tai'er xingbie jianding he xuanze
xingbie de rengong zhongzhi renshen de guiding], issued 29 November 02,
effective 1 January 03. For a discussion of these regulations, see
``China Bans Sex-Selection Abortion,'' Xinhua, reprinted in China Net,
22 March 03.
\55\ Mikhail Lipatov et al., ``Economics, Cultural Transmission,
and the Dynamics of the Sex Ratio at Birth in China,'' Proceedings of
the National Academy of Sciences of the United States of America, Vol.
105, No. 49 (2008), 19171. According to this study, ``The root of the
[sex ratio] problem lies in a 2,500-year-old culture of son
preference.''
\56\ Wei Xing Zhu et al., ``China's Excess Males, Sex Selective
Abortion and One Child Policy: Analysis of Data From 2005 National
Intercensus Survey,'' British Medical Journal, 9 April 09, 4-5.
\57\ Chinese Academy of Social Sciences, ``Difficulty Finding a
Wife in 10 Years: 1 Out of Every 5 Men To Be a Bare Branch'' [10 nian
zhihou quqi nan, 5 ge nanren zhong jiuyou 1 ge guanggun], 27 January
10. According to the January 2010 Chinese Academy of Social Sciences
study, by 2020, the number of Chinese males of marriageable age may
exceed the number of Chinese females of marriageable age by 30 to 40
million.
\58\ PRC State Council, PRC Outline for the Development of Women
[Zhongguo funu fazhan gangyao], issued 30 July 11; PRC State Council,
PRC Outline for the Development of Children [Zhongguo ertong fazhan
gangyao], issued 30 July 11.
\59\ ``China Gender Gap Fuelling Human Trafficking: Report,''
Agence France-Presse, reprinted in China Post, 22 September 10. See
also World Health Organization, Office of the High Commissioner for
Human Rights, United Nations Population Fund, United Nations Children's
Fund, and United Nations Entity for Gender Equality and the Empowerment
of Women, ``Preventing Gender-Biased Sex Selection,'' 14 June 11, 5;
Susan W. Tiefenbrun and Christie J. Edwards, ``Gendercide and the
Cultural Context of Sex Trafficking in China,'' Fordham International
Law Journal, Vol. 32, No. 3 (2009), 752; Therese Hesketh et al., ``The
Effect of China's One-Child Policy After 25 Years,'' New England
Journal of Medicine, Vol. 353, No. 11 (2005), 1173; Nicholas Eberstadt,
``A Global War Against Baby Girls: Sex-Selective Abortion Becomes A
Worldwide Practice,'' Handbook of Gender Medicine, reprinted in All
Girls Allowed, 1 May 11. According to Eberstadt's report, ``Some
economists have hypothesized that mass feticide, in making women
scarce, will only increase their `value'--but in settings where the
legal and personal rights of the individual are not secure and
inviolable, the `rising value of women' can have perverse and
unexpected consequences, including increased demand for prostitution
and an upsurge in the kidnapping and trafficking of women (as is now
reportedly being witnessed in some women-scarce areas in Asia)[.]''