China: Tibet Implementing Procedures for the Law Safeguarding Women's Rights and Interests

Chapter I. General Principles

Article 1.

These procedures are drawn up in accordance with the "PRC Law for Safeguarding Women's Rights and Interests" and in conjunction with Tibet's actual situation for the sake of safeguarding the legitimate rights and interests of women of all nationalities in the Tibet Autonomous Region, promoting equality between men and women, giving full scope to women's role in socialist modernization and ensuring Tibet's development and stability.

Article 2

Regardless of their nationalities, occupations, family backgrounds, religious beliefs, educational levels, state of property and length of residence, women in all administrative districts in the autonomous region have the right to safeguard their legitimate rights and interests in accordance with the provisions prescribed in the " PRC Law for Safeguarding Women's Rights and Interests" and these procedures.

Article 3.

Women's political, economic, cultural and social rights and their rights to enjoy family life are equal to those of men. Discrimination against women and maltreatment and molestation of women are forbidden.

Article 4.

The work of safeguarding women's legitimate rights and interests is a responsibility the whole society should share. In accordance with the provisions prescribed in the "PRC Law for Safeguarding Women's Rights and Interests" and these procedures, all state organs, social groups, enterprises, institutions, grass- roots mass autonomous organizations in the autonomous region shall safeguard all rights and interests to which women's are entitled.

Article 5.

Women of all nationalities in the autonomous region should have self-respect and self-confidence, be independent and improve themselves; and they shall abide by state laws and regulations and respect social ethics, take the initiative in safeguarding the unity of the motherland and national solidarity, use the law as weapon to defend their own legitimate rights and interests and fulfil their obligations prescribed by the law.

Article 6.

People's governments at all levels and relevant departments in the autonomous region shall commend and award organizations and individuals who have achieved noticeable results in safeguarding women's rights and interests.

Article 7.

Women and children affairs committees at all levels in the autonomous region champion and safeguard the rights and interests of women of all nationalities in all circles. They shall do a good job in safeguarding women's rights and interests. Their main responsibilities are:

(1)  publicizing and executing various laws and regulations relevant to safeguarding women's rights and interests;

(2)  accepting complaints and information about infringement of women' s rights and interests;

(3)  inspecting and overseeing relevant departments to make sure they legally handle all cases about infringement of women's rights and interests; and

(4)  guiding and coordinating the work in their respective administrative districts in safeguarding women's rights and interests.

Chapter II. Political Rights

Article 8.

Women of all nationalities in the autonomous region enjoy the same political rights as men. They enjoy the same election rights and the right to be elected as men. No organizations or individuals may discriminate against women.

Article 9.

Organizations at all levels in the autonomous region shall attach importance to cultivating and promoting cadres of all nationalities.

State organs, social groups, enterprises and institutions at all levels in the autonomous region shall actively select and promote leading cadres from among women; and they shall strengthen the cultivation of female cadres in various ways and create conditions that can facilitate the growth of female cadres.

Article 10.

The proportion of female deputies shall not be lower than 20 per cent of the deputies to people's congresses at all levels in the Tibet Autonomous Region.

Article 11.

Women's federations at all levels in the autonomous region and their group members, have the right to recommend female cadres to work at various state organs, social groups, enterprises and institutions. When they select cadres for promotion, state organs, social groups, enterprises and institutions shall heed the recommendation made by women's federations and their group members.

Article 12.

Relevant departments shall hear and accept criticisms, as well as rational proposals, with regard to safeguarding women's rights and interests and they shall addresses the problems in a timely manner.

Relevant departments must investigate and handle all complaints, accusations and information about infringement of women's rights and interests. No organizations or individuals may suppress the investigation and handling, or retaliate.

Chapter III. Cultural and Educational Rights and Interests

Article 13.

Female children old enough to receive compulsory education shall do so. Their parents or other guardians may not use any excuse to force them to disrupt their schooling.

Article 14.

When female children cannot enrol in school or when they have to postpone the enrolment or disrupt their schooling because of illness or other special circumstance, their parents or guardians shall submit a request which shall be examined by the local people's government or neighborhood office and then referred to the education department of the higher people's government for approval.

Article 15.

Education departments and schools at various levels shall make active efforts to create conditions facilitating the schooling of school-age female children. To make sure that school-age female children can complete the years of compulsory education prescribed by our region, school-age female children whose families have financial difficulties shall have their tuition and miscellaneous fees reduced or exempted.

Article 16.

To ensure female children's healthy physical and mental growth, schools shall provide female children with physiological and psychological education in accordance with their characteristics.

Article 17.

Education departments at all levels in the autonomous region and schools of all descriptions at all levels shall treat male and female candidate students equally, while admitting them - except those to whom the state has separate regulations - and shall not set quotas for female students or set higher admittance standards for them.

Article 18.

All state organs, social groups, enterprises and institutions in the autonomous region shall have plans for organizing their female staff workers to receive occupation education and technical training so that they can improve their occupational proficiency.

Article 19.

People's governments at all levels in the autonomous region shall intensify their efforts and attach importance to wiping out illiteracy or semi-illiteracy among adult women and strictly execute the State Council regulations for wiping out illiteracy. In light of the actual local situations, all prefectures (or cities) shall incorporate the project of eliminating illiteracy and semi-illiteracy among adult women with the local governments' anti-illiteracy projects and education departments shall work in coordination with other relevant units in carrying out the projects in a way compatible with women's characteristics.

Chapter IV. Labor Rights and Interests

Article 20.

Women in Tibet enjoy equal rights with men in labor and employment. When recruiting workers and staff, no unit shall refuse employment to women under the pretext of sex, except for jobs and positions which, according to state regulations, are not suitable for women.

When holding examinations for recruiting workers, cadres, or other employees, no unit shall raise passing marks nor attach conditions to employment for women.

Article 21.

When assigning jobs to woman graduates, no unit shall refuse to accept them under the pretext of sex.

Article 22.

People's governments at all levels in the autonomous region shall conduct training in a planned manner for young women awaiting jobs and create conditions for their employment.

Article 23.

Women shall enjoy equal pay for equal work as men in employment.

Women enjoy equal rights with men in housing allotment and fringe benefits. No unit shall be allowed to draft discriminatory regulations against women.

Article 24.

When changing the operating mechanisms and introducing reform of labour and wage systems, enterprises shall protect women's legitimate rights and interests. No enterprise shall decide its own mandatory retirement age of woman workers in violation of the relevant state and autonomous regional regulations.

Enterprises and their competent authorities shall actively create conditions to properly relocate surplus woman workers through diverse channels and in various forms.

Article 25.

All units are by law required to take into account women' s physical features in protecting their safety and health at work. Women shall not be assigned to work not suitable for them.

Article 26.

No unit shall dismiss female workers or unilaterally cancel labour contracts under the pretext of marriage, pregnancy, maternity leave or nursing.

Article 27.

The principle of equality between men and women shall be upheld and women shall not be discriminated against in grade and wage promotions and in evaluation of professional and technical jobs.

Grade and wage promotions and evaluation of professional and technical jobs for women shall not be affected during their legally approved pregnancy, maternity and nursing periods.

Article 28.

Retiring female workers shall enjoy equal rights with men in retirement and other expenses; and women's legitimate rights and interests shall not be infringed upon under any pretext.

Article 29.

It is necessary to actively develop social security, social relief, old-age pension and medical and health undertakings to create conditions for old-age, infirm, or disabled women to obtain material assistance.

Chapter V. Property Rights and Interests

Article 30.

Women enjoy equal rights with men in possessing, using, receiving profits from and disposing of marital and family joint property; and shall not be restricted or deprived of such rights under any pretext.

Article 31.

After land and livestock in rural and pastoral areas are assigned to households, women enjoy equal rights with men in assigning grassland and housing plots and shall not be restricted or deprived of such rights under any pretext.

Article 32.

Women enjoy equal rights with men in property inheritance. Special consideration shall be given to old-age and disabled women in the same order of legal inheritors and under the same circumstance.

When a widow remarries, she has the right to dispose of property inherited; nobody shall interfere with such right under any pretext.

Chapter VI. Personal Rights

Article 33.

Women's personal freedoms shall not be violated; the unauthorized detention of women and depriving or restricting women of their personal freedoms with feudal superstitions and other means is prohibited; the unauthorized search of a woman's body is prohibited.

Article 34.

In marriage and family, when abuse of women by other family members reaches a serious degree while the victim cannot directly file a complaint, the masses, social organizations, grass-roots mass self-management organizations and the victim's work unit have the right to report and expose the matter to authorities; and the judicial body and women's organization shall promptly accept and handle the case according to the law.

Article 35.

Women's rights of life and health shall not be violated. Mutilating, abandoning and killing infant girls; discriminating against and abusing women giving birth to infant girls or infertile women; using feudal superstitions and violent means to mutilate women; and abusing and abandoning old-age women are prohibited.

Article 36.

Kidnapping and abducting women for sale and the buying of kidnapped and abducted women are prohibited.

People's governments at all levels and departments concerned are duty-bound to rescue and liberate women kidnapped and abducted for sale. After rescued and liberated women are returned to their original domicile, the local government shall provide proper arrangements for and shall not allow any discrimination against them.

Article 37.

Prostitution and visiting prostitutes are prohibited.

Organizing, forcing, luring, providing accommodations for, or inducing women or female minors to engage in prostitution; or employing and providing accommodations for women to engage in obscene acts are prohibited.

Forcing and luring women to engage in pornographic trades is prohibited.

Article 38.

Governments shall, in the light of realities, set up reformatories for woman prostitutes for conducting moral and legal education, organizing them to engage in productive labour and providing them with examination and treatment of venereal diseases.

Article 39.

Women's right of reputation and personal dignity are protected by the law. Damaging women's reputation and personality through insult, slander and publicity of personal secrets is prohibited.

Chapter VII. Marriage and Family Rights and Interests

Article 40.

Women enjoy equal rights with men in marriage and family. No organization and individual shall use feudal superstition to interfere with women's freedom of marriage.

Interference in marriage with force and arranged marriage is prohibited.

Article 41.

Women enjoy equal rights with their spouse in possessing, using, receiving profits from and disposing of joint property as long as the marital relations continue to exist; such rights shall not be affected by differences in the incomes from both.

During a divorce, the husband shall not cover up nor transfer property jointly owned by the wife; when dividing property, the people's court shall take into consideration the interests and rights of the wife and children.

Article 42.

Nobody shall interfere with the termination of pregnancies by women.

Article 43.

Nobody shall endanger or discriminate against children born out of wedlock. Expenses for children born out of wedlock shall be borne according to the provisions in Article 19 of the "Marriage Law of the PRC".

Article 44.

When a widowed or divorced middle-or old-aged woman wants to remarry, her children or any other people shall not stop or interfere with her.

Article 45.

Bigamy is prohibited. When bigamy is found, the relevant organization and person have the right to report to and file a suit with the local judicial organ, which then shall handle the case according to the law.

Chapter VIII. Legal Responsibilities

Article 46.

When women's lawful rights and interests are violated, the victim has the right to request competent authorities to handle the matter or to file a suit with the people's court.

The competent authorities shall punish violators of women's rights and interests according to the relevant provisions in the state laws and regulations and to these procedures.

When women's lawful rights and interests are violated, the victim may petition the local women's organization, which shall request the department or unit concerned to investigate and to protect the victim' s lawful rights and interests.

Article 47.

Personnel who are directly responsible for violating the provisions in Article 12 of these procedures in refusing to accept petitions, lawsuits and reports on the violation of women's lawful rights and interests shall be educated through criticism and be given disciplinary sanctions by their work unit or the organ at the next higher level. When the case is serious and has caused grave consequences, personnel directly involved in the case shall be affixed with legal responsibility.

A serious case of oppressing and retaliating against petitions, lawsuits and reports on violation of women's lawful rights and interests, which constitutes a crime, shall be affixed with criminal responsibility according to the provisions in the "Criminal Law".

Article 48.

A serious case of obstructing and interfering with women in exercising their right to vote and to be elected with force, threat, fraud and bribery shall be affixed with criminal responsibility in acc

Article 49.

Whoever acts in one of the following circumstances shall be instructed by the work unit, the organ at the next higher level, or the neighbourhood office in a township (town) for amendment and be given an administrative sanction or a fine according to the actual conditions:

(1)  failing to send school-age girls to school or forcing school-age girls to stop attending school;

(2)  refusing to employ women according to provisions in the laws and regulations, or raising passing marks for and attaching conditions to woman applicants in examinations to recruit workers, cadres and other employees;

(3)  refusing to accept employment of woman graduates without a legitimate reason;

(4)  violating the principle of equality between men and women and the lawful rights and interests of women in fringe benefits entitlement, housing allotment, grade and wage promotion and evaluation of professional and technical jobs;

(5)  discriminating against and rejecting woman workers under the pretext of changing the operating mechanisms of enterprises and implementing labour system reform, or dismissing woman workers or unilaterally cancelling labour contracts under the pretext of women's marriage, pregnancy, maternity leave and nursing periods; and

(6)  violating the principle of equality between men and women and the lawful rights and interests of women in retirement expenses.

Article 50.

Serious cases of illegally detaining women, searching them, or depriving or restricting them of their personnel freedom with feudal superstitious means, which constitute a crime, shall be affixed with criminal responsibility according to the provisions in the "Criminal Law".

Article 51.

Kidnapping and abducting women for sale with various means, or buying kidnapped and abducted women shall be punished in accordance with the relevant provisions in the "Criminal Law" and the " National People's Congress [NPC] Standing Committee's 'Decision on Severe Punishment for Offences in Abducting and Kidnapping Women and Children'".

Article 52.

Organizing, forcing, luring, providing accommodations for, or introducing women and woman minors to engage in prostitution or obscene acts with others shall be punished according to the provisions in the "Regulations Governing Punishment for Offences Against Public Order" . When the case is serious and constitutes a crime, it shall be penalized according to the provisions in the " Criminal Law" and the "NPC Standing Committee's 'Decision on Cracking Down on Prostitution'".

Article 53.

Damaging women's reputation and personality through insult, slander and publicity of personal secrets, which causes grave consequences, shall be penalized according to the relevant provisions in the "Regulations Governing Punishment for Offences Against Public Order" and the "Criminal Law".

Article 54.

Serious cases of interfering with women's freedom of marriage with feudal superstition, which cause grave consequences, shall be affixed with criminal responsibility according to the law.

People who prevent and interfere with middle-and old-aged women remarrying in violation of the provisions in Article 44 of these procedures shall be educated through criticism or be given administrative sanction by the work unit or the township (town) neighbourhood office.

Article 55.

A person who refuses to accept a decision on administrative sanction made in accordance with these procedures may apply to the administrative organ at the next higher level or the administrative organ in charge of the relevant law and regulations for reconsideration; an organ handling the reconsideration shall make a decision in two months after receipt of the application; a person concerned who refuses to accept a decision on reconsideration may file a lawsuit with the people's court. A person concerned may also directly file a lawsuit with the people's court.

When a person concerned fails to apply for reconsideration, or to implement a decision on administrative sanction within the legal time limit, the administrative organ which makes the decision may ask the people's court to enforce the decision.

Article 56.

Violation of women's lawful rights and interests shall be punished according to these procedures as well as to other relevant laws and regulations as deemed necessary.

Chapter IX. Appendix

Article 57.

These procedures shall be enforced by women and children' s work committees at various levels in Tibet Autonomous Region in co-ordination with the departments concerned.

Article 58.

The Tibet Autonomous Regional Women and Children's Work Committee shall be responsible for interpreting the application of these procedures to specific questions.

Article 59.

These procedures enter into force on October 1, 1994.