China

The Gender Equality Promotion Ordinance is a “workaround” measure within Shenzhen Special Economic Zone. This means that the local workaround rule, like the Ordinance, takes precedence in situations where it conflicts with national legislation, administrative regulations, or provincial legislation within the jurisdiction of the Shenzhen. The Ordinance, attempting to create women-friendly communities in Shenzhen, is an innovative “workaround” in three ways.

In September 1980, the Standing Committee of the Fifth National People's Congress ratified the United Nations Convention on the Elimination of All Forms of Discrimination against Women. However, at the same time, it declared that China would not be bound by the Convention’s Article 29, paragraph 1 provision, which outlines the process for resolving the disputes between States Parties.

1980 年 9 月，第五届全国人民代表大会常务委员会批准了联合国《消除对妇女一切形式歧视公约》。但与此同时，它宣布中国不受《公约》第 29 条第 1 款规定的约束，该条款概述了解决缔约国之间争端的程序。

The defendant was convicted of murder and sentenced to death for stabbing his wife (Cui) and mother-in-law (Zhao) to death, which was upheld by the Supreme People’s Court. Cui had previously filed for divorce. On October 4, 2012, the defendant got into an argument with Zhao and Cui. The defendant chased Zhao out of the house and stabbed her to death. The defendant then caught up with Cui, who had run to a neighbor’s house for help, and stabbed her to death.

Population and Family Planning Law of the People’s Republic of China (2021)

On December 29th, 2001, China issued the Population and Family Planning Law (effective on September 1, 2002), as amended on December 27, 2015 and August 20, 2021 (the “Law”).

The criminal provision governing human trafficking, Article 240 (“trafficking in women or children”), defines it as abducting, kidnapping, buying, trafficking or transporting women for sale. The prescribed sentence ranges from 5-0 years.

Article 246 of the Criminal Law of the People’s Republic of China (2020) specifies the penalties for those who publicly insult others, or defame others by fabricating information. In the model cases against cyberviolence and crimes released by the Supreme People’s Court on September 25, 2023, Article 246 was used as the basis for two model cases involving defamation of character and revenge porn.

Anti-Domestic Violence Law of the People’s Republic of China (2015)

On April 3rd, 1992, China adopted the Law on the Protection of Women’s Rights and Interests, which was amended on August 28th, 2005, October 26th, 2018, and, most recently on October 30th, 2022. As stated by the National People’s Congress, the amended Law seeks to implement a comprehensive national policy of gender equality. In particular, the Law’s amendments extend the scope of women’s personal and personality rights, including reproductive health rights.

This law was replaced in 2020 by the Civil Code, Book Five (Marriage and Family) (中华人民共和国民法典(第五编 婚姻家庭编) (available here). The Marriage Law of the People’s Republic of China was adopted by the National People’s Congress on September 10, 1980 and amended on April 28, 2001.

The Constitution of the People’s Republic of China was adopted by the National People’s Congress and promulgated for implementation on December 4, 1982. It has been amended several times, with the most recent amendment occurring on March 14, 2004.  Article 48 provides that women and men have equal rights. It states that “[w]omen in the People’s Republic of China enjoy equal rights with men in all spheres of life, in political, economic, cultural, social and family life.