Relevant experts said that this revision will incorporate the basic national policy of equality between men and women into the national education system, improve relevant government safeguard measures, and further improve the system and mechanism for preventing and handling sexual harassment and sexual assault.
Relevant experts told reporters that compared with the current Law on the Protection of Women's Rights and Interests, the Law on the Protection of Women's Rights and Interests has many highlights, which will not only provide a legal basis for judicial decisions to define the facts of sexual harassment, but also strengthen the protection of women's workplace fairness. At the same time, the provisions of details such as "standardized" public toilets and maternal and child rooms also fully reflect the humanistic care of the law.
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The Third Trial of the Law on the Protection of Women's Rights and Interests
The regulations on "standardized" public toilets and delivery rooms attract attention.
Following the submission of 2002/kloc-0 in February and 2022 in April, the revised draft of the law on the protection of women's rights and interests was submitted to the 37th session of the 13th the National People's Congress Standing Committee (NPCSC) for deliberation on 27 10, and was adopted on 30/0/0.
According to China News Network, Guo Linmao, director of the Social Law Office of the the National People's Congress Standing Committee (NPCSC) Law Commission, pointed out that there are four main highlights in this revision: fully implementing the basic national policy of equality between men and women and constantly enriching the content of the women's rights and interests protection system. According to the characteristics of women's work in the new period and the requirements of women's career development, special protection should be strengthened. Improve the government's relevant security measures and strengthen the security responsibilities of women's federations and other relevant parties. Advocate the whole society to respect and care for women and encourage and support women to strive for self-improvement.
It is reported that the society has been very concerned about the revision of the law on the protection of women's rights and interests. The revised draft was publicly solicited for comments twice on the Internet, and received more than 400,000 comments and 300,000 comments respectively. This is one of the draft laws that have received the most comments in recent years.
"As a woman, I personally pay more attention to the protection of women in the workplace by this law." Ms. Yang, 33, told reporters that although there are many laws and regulations to prevent gender differences in employment, there are still restrictions on women in actual employment, especially before and after childbearing, women will encounter many practical problems, including job hunting and promotion. "So I will pay attention to whether the revised Law on the Protection of Women's Rights and Interests will be revised in this respect."
The reporter noticed that there are many details in this revision that reflect the humanistic care for women. Among them, the third draft of the revised draft will be equipped with public toilets and maternal and child rooms that meet the needs of women as public facilities, which also reflects humanistic care.
Pay attention to women's workplace fairness
Expert: Gender discrimination in employment will be supervised and corrected according to law.
The fairness of women in the workplace has always attracted much attention. Many women will also encounter the fact that their positions are limited by gender, they are asked about their marriage and childbearing status during the interview, and they are transferred to marginal positions after pregnancy.
The reporter noted that in terms of improving labor and social security rights and interests, the newly revised Law on the Protection of Women's Rights and Interests stipulates that gender discrimination in employment should be eliminated, the specific situation of gender discrimination in employment should be clarified, and it should be included in the scope of labor security supervision. To stipulate the responsibilities related to the protection of the rights and interests of female employees in the employer, and to clarify that the labor (employment) contract or service agreement should include the protection of the rights and interests of female employees. The reporter learned that this includes that in the process of recruitment (employment), unless otherwise stipulated by the state, the employer shall not engage in the following acts: limited to men or giving priority to men; In addition to personal basic information, further inquire or investigate the marriage and childbearing situation of female job seekers; Take pregnancy examination as an entry physical examination item; Restricting marriage, childbearing or marital status as a condition for admission (employment); Other acts of refusing to recruit (hire) women or raising the standards for recruiting (hiring) women on the grounds of gender.
In this regard, Xia Yinlan, a professor at China University of Political Science and Law and president of china law society Marriage and Family Law Research Association, told the reporter that compared with the current law, the revised Law on the Protection of Women's Rights and Interests will inevitably deepen the protection of women's workplace fairness. "In the process of employment, women are often asked about their marriage and children by employers during interviews, which seems to have become the' hidden rule' of many employers. After the revision of the law, women will encounter such situations again. If the evidence is sufficient, they can protect themselves by legal means. The departments of human resources and social security can join hands with trade unions, women's federations and other departments to interview employers, supervise them according to law, and ask them to make corrections within a time limit. "
In this revision, the maternity leave system for women was added. The revised law stipulates that the employer shall not reduce the wages and welfare benefits of female employees due to marriage, pregnancy, maternity leave and breastfeeding. , restrict the promotion, promotion and evaluation of professional and technical titles and positions of female employees, dismiss female employees and unilaterally terminate labor (employment) contracts or service agreements. In this regard, Xia Yinlan said that this article was not clearly stipulated in the previous law, and adding such a law will also better protect women's employment rights and interests.
Pay attention to marriage and family rights
Men can no longer be "shopkeepers of cutting"
The reporter noted that, in addition, this revision has made corresponding changes in improving cultural and educational rights, improving property rights, improving marriage and family rights, and improving legal responsibilities.
In terms of improving the rights and interests of marriage and family, the newly revised Law on the Protection of Women's Rights and Interests stipulates that the state encourages premarital physical examination and clarifies that marriage registration offices should provide marriage and family consultation services. At the same time, it is stipulated that women have the right to request that their names be recorded in the joint property of husband and wife. In addition, it also stipulates the property inquiry system during divorce proceedings.
65438130, Li Mingshun, vice president of china law society Marriage and Family Law Research Association and professor of China Women's University, told the reporter that the Civil Code also has corresponding provisions on issues such as marital property and women's labor value in family work, but this overhaul of the Law on the Protection of Women's Rights and Interests is a further regulation and refinement made by the law to protect women's rights and interests.
"The Civil Code stipulates the definition of the joint property of husband and wife, and defines the scope of the joint property of husband and wife. However, in real life, the female part of the property of husband and wife is more vulnerable to infringement, and it is more difficult to protect the rights and interests of women in divorce." Li Mingshun said that the Civil Code has made progress compared with the provisions of the Marriage Law, and this overhaul of the Law on the Protection of Women's Rights and Interests is to further improve and refine the spirit of the Civil Code and write relevant laws into the Law on the Protection of Women's Rights and Interests. Among them, there are four aspects of progress:
First, it is clear that women have equal rights with their spouses to possess, use, benefit and dispose of the property jointly owned by husband and wife, regardless of their income. This is the further embodiment and deepening of the spirit of equality between men and women in the Civil Code. Second, the woman has the right to request that the names of the immovable property jointly owned by the husband and wife and the movable property that can be jointly registered be recorded. In reality, there are many cases where only the man's name is recorded, and this law also protects the rights and interests of the woman. Third, during the divorce proceedings, both husband and wife are obliged to declare the property jointly owned by husband and wife to the people's court. Fourth, it is actually a guarantee for Article 3. In divorce proceedings, if one of the spouses applies to inquire about the property registered in the other's name, but it is really impossible to collect it by itself due to objective reasons, it is also stipulated that the people's court should investigate and collect evidence, and the relevant departments and units should provide assistance, which is also a kind of protection for women.
After the overhaul, the Law on the Protection of Women's Rights and Interests also made it clear that both husband and wife should undertake family obligations and take care of family life. If the woman undertakes more obligations such as raising children, caring for the elderly and assisting the man in his work, she has the right to demand compensation from the man at the time of divorce. The compensation method shall be agreed by both parties. If the agreement fails, a lawsuit may be brought to the people's court.
In this regard, Li Mingshun told reporters that Article 68 stipulates that both husband and wife should share family obligations and take care of family life. This also means that men can no longer be "shopkeepers" at home, but legally need to undertake family obligations with women.
Li Mingshun said that in real life, women often take on more responsibilities in raising children, caring for parents and taking on housework. This law clearly stipulates that "if a woman has more obligations to her husband, such as raising children, caring for the elderly and assisting in work, she has the right to demand compensation from her husband at the time of divorce". "Compared with ordinary social labor, this kind of care for the family requires not only physical and mental strength, but also emotion. This social value cannot be ignored. "
Focus on preventing sexual harassment
Lawyer: To provide a legal basis for the judicial judgment to define the facts of sexual harassment.
It is understood that the overhaul of the law on the protection of women's rights and interests has further improved the system and mechanism for preventing and handling sexual harassment and sexual assault on the basis of prohibiting sexual harassment of women.
Huang Xinfa, director of Hangzhou Lawyers Association and senior partner of Zhejiang Zhiren Law Firm, is very concerned about the revision of the Law on the Protection of Women's Rights and Interests. He once summarized 82 adjudicative documents related to sexual harassment in the workplace.
Through the analysis of cases, Huang Xinfa found that the number of sexual harassment cases he studied from 20 10 up to now showed a fluctuating upward trend, which was not only related to the frequent sexual harassment incidents in the workplace, but also related to the stronger willingness of female employees to defend their rights. However, he also said that through the analysis of cases, there are still many difficulties in these cases, such as the difficulty in unifying the definition standards of sexual harassment, the difficulty in ascertaining facts, and the difficulty in obtaining compensation for victims.
Huang Xinfa told reporters that the Law on the Protection of Women's Rights and Interests was clearly revised, "It is forbidden to sexually harass women in words, words, images and physical behaviors against their wishes." This helps to define the facts of sexual harassment in judicial decisions, and also provides reference for the improvement of relevant systems in enterprises.
Huang Xinfa believes that the previous draft of the second instance has increased the responsibilities that employers may bear if they fail to fulfill their obligations to prevent sexual harassment in the workplace, mainly administrative penalties and public interest litigation. "This time, it is clear that if the relevant units fail to take reasonable measures to prevent and stop sexual harassment, the procuratorate can file a public interest lawsuit according to law, which is also an important legal guarantee for preventing female sexual harassment in the workplace."