CHINA
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Human Rights Issues
28.05.2008 - Source: Amnesty International
Violence and discrimination against women ("Annual Report 2008") [ID 23544]
"Women suffered discrimination in employment, education and access to health care. The trafficking of women and girls remained widespread, particularly from North Korea (see below). Domestic violence continued to be prevalent and was said to be a primary cause of suicide among women in rural areas.
It was reported in May that dozens of women in the Guangxi Zhuang Autonomous Region in south-west China were subjected to forced abortions under the supervision of local family planning officials, in some cases in the ninth month of pregnancy."
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28.05.2008 - Source: Amnesty International
Cases of domestic violence increased 120 per cent in the first three months of the year ("Annual Report 2008") [ID 23550]
"Cases of domestic violence increased 120 per cent in the first three months of the year – a rise attributed to a greater willingness to report such abuses to the police. Activists urged further amendments to the Domestic Violence Ordinance aimed at criminalizing perpetrators of domestic violence and bringing same-sex couples within its scope."
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11.03.2008 - Source: US Department of State
Sexual and physical abuse and extortion occurred in some detention centers ("Country Report on Human Rights Practices 2007") [ID 22761]
"Sexual and physical abuse and extortion occurred in some detention centers. Falun Gong activists reported that police raped female practitioners, including in 2005 at the Dongchengfang police station in Tunzhou City, Hebei Province, where two women were allegedly raped while in detention."
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11.03.2008 - Source: US Department of State
Women held few positions of significant influence in the CCP or government structure ("Country Report on Human Rights Practices 2007") [ID 23368]
"The government placed no special restrictions on the participation of women or minority groups in the political process. However, women held few positions of significant influence in the CCP or government structure. There was one female member of the 25-member Politburo selected in October. There was also one woman among the five state councilors elected in March 2003. During the year women headed two of the country's 28 ministries.
The government encouraged women to exercise their right to vote in village committee elections and to stand for those elections, although only a small fraction of elected members were women. In many locations, a seat on the village committee was reserved for a woman, who was usually given responsibility for family planning."
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11.03.2008 - Source: US Department of State
30 percent of 270 million families had experienced domestic violence, and 16 percent of husbands had beaten their wives ("Country Report on Human Rights Practices 2007") [ID 23372]
"In August 2005 the NPC amended the Law on the Protection of Women's Rights specifically to prohibit domestic violence, although critics complained that the provision failed to define domestic violence. More than 30 provinces, cities, or local jurisdictions passed legislation aimed at addressing domestic violence. In 2006 and 2007, several provinces, including Shaanxi, Guangdong, Gansu, and Zhejiang, passed regulations requiring police to respond immediately to domestic violence calls or face punishment. According to a 2005 survey by the All-China Women's Federation (ACWF), 30 percent of 270 million families had experienced domestic violence, and 16 percent of husbands had beaten their wives. The ACWF reported that it received some 300,000 letters per year complaining about family problems, mostly domestic violence. The actual incidence was believed to be higher because spousal abuse went largely unreported. According to experts, domestic abuse was more common in rural areas than in urban centers. An ACWF study found that only 7 percent of rural women who suffered domestic violence sought help from police. In response to increased awareness of the problem of domestic violence, there was a growing number of shelters for victims. Most shelters were government run, although some included NGO participation."
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11.03.2008 - Source: US Department of State
Media reports claimed that some local officials were complicit in prostitution ("Country Report on Human Rights Practices 2007") [ID 23374]
"Although prostitution is illegal, experts estimated that there were between 1.7 and five million women involved in prostitution in the country. The commercialization of sex and related trafficking in women trapped tens of thousands of women in a cycle of crime and exploitation and left them vulnerable to disease and abuse. According to state-run media, one out of every five massage parlors in the country was involved in prostitution, with the percentage higher in cities. Up to 80 percent of prostitutes in some areas had hepatitis.
Although the government made some efforts to crack down on the sex trade, media reports claimed that some local officials were complicit in prostitution, owned prostitution venues, or received proceeds from such businesses. Prostitution involved organized crime groups and businesspersons as well as the police and the military. Courts prosecuted persons who organized or procured prostitutes, but actions to curtail prostitution had limited results."
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11.03.2008 - Source: US Department of State
Women continued to report that discrimination, sexual harassment, unfair dismissal, demotion, and wage discrepancies were significant problems ("Country Report on Human Rights Practices 2007") [ID 23375]
"The amended Law on the Protection of Women's Rights included a ban on sexual harassment, stating "the injured woman has the right to complain to the work unit and the relevant department" and may "bring a civil action in court for damages." Legal scholars and activists praised the amendment but emphasized the law should also specifically define what constitutes abusive behavior. Experts continued to suggest that many victims did not report sexual harassment out of fear of losing their jobs.
The constitution states "women enjoy equal rights with men in all spheres of life." The Law on the Protection of Women's Rights and Interests provides for equality in ownership of property, inheritance rights, and access to education. Policies that once allotted work-unit housing only to the husband have become gender neutral, and a 2005 Supreme Court interpretation emphasized that housing rights are shared equally, even in cases of divorce. The State Council's National Working Committee on Children and Women coordinated women's policy. The ACWF was the leading implementer of women's policy for the government. Nonetheless, many activists and observers were concerned that the progress made by women over the past 50 years was eroding. They asserted that the government appeared to have made the pursuit of gender equality a secondary priority as it focused on economic reform and political stability.
The Law on the Protection of Women's Rights and Interests was designed to assist in curbing gender-based discrimination. However, women continued to report that discrimination, sexual harassment, unfair dismissal, demotion, and wage discrepancies were significant problems. According to a survey by the ACWF, 50 percent of female migrant workers, versus 40 percent of male migrants, had no labor contract with their employers. ACWF studies also showed that 21 percent of rural women working in cities were fired after becoming pregnant or giving birth and that some women delay motherhood for fear of losing job and promotion opportunities.
Social organizations and the government made efforts to educate women about their legal rights. During the year over half of 11,669 respondents to a survey conducted by the People's Daily Web site reported they had experienced sexual harassment in the workplace."
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11.03.2008 - Source: US Department of State
Many employers preferred to hire men to avoid the expense of maternity leave and childcare ("Country Report on Human Rights Practices 2007") [ID 23376]
"Many employers preferred to hire men to avoid the expense of maternity leave and childcare, and some lowered the effective retirement age for female workers to 40 (the official retirement age for men was 60 and for women 55). In addition work units were allowed to impose an earlier mandatory retirement age for women than for men, which limit women's lifetime earning power and career span. Lower retirement ages also reduced pensions, which generally were based on the number of years worked. Job advertisements sometimes specified height and age requirements for women.
Women have less earning power than men, despite government policies that mandate nondiscrimination in employment and occupation."
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11.03.2008 - Source: US Department of State
Differences in educational attainment of men and women remained a problem ("Country Report on Human Rights Practices 2007") [ID 23377]
"The UN Economic and Social Council reported that less than 2 percent of women between the ages of 15 and 24 were illiterate. According to 2005 official government statistics, women comprised 73.6 percent of all illiterate persons. In some underdeveloped regions, the female literacy rate lagged behind the male literacy rate by 15 percent or more.
A high female suicide rate continued to be a serious problem. According to the World Bank and the World Health Organization, there were approximately 500 female suicides per day. The suicide rate for females was 25 percent higher than for males. Many observers believed that violence against women and girls, discrimination in education and employment, the traditional preference for male children, the country's birth limitation policies, and other societal factors contributed to the especially high female suicide rate. Women in rural areas, where the suicide rate for women is three to four times higher than for men, were especially vulnerable.
While the gap in the education levels of men and women narrowed, differences in educational attainment remained a problem. Men continued to be overrepresented among the relatively small number of persons who received a university-level education. According to official statistics, in 2005 women accounted for 47.1 percent of undergraduate and college students, 43.4 percent of postgraduate students, and 32.6 percent of doctoral students. Women with advanced degrees reported discrimination in the hiring process as the job distribution system became more competitive and market driven."
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10.10.2007 - Source: Congressional-Executive Commission on China
Legal framework to protect women's rights and interests, but loopholes and inadequate implementation remain that left women vulnerable to widespread abuse, discrimination, and harassment at home and in the workplace ("Annual Report 2007") [ID 21408]
"The Commission has noted in the past that the Chinese government has been more vigorous in publicizing and condemning abuse against women than in other areas concerning human rights.1 In 2003, 2004, and 2006, the Commission observed that, while China had built an expansive legal framework to protect women's rights and interests, loopholes and inadequate implementation remained that left women vulnerable to widespread abuse, discrimination, and harassment at home and in the workplace.2 The Commission noted in 2004-2006 that China's economic reforms have increased opportunities for women to build their own businesses, but these reforms still leave many women, when compared to men, with fewer employment opportunities, less earning power, less access to education, especially in rural areas, and increasing risks from HIV/ AIDS.3 In its 2004-2006 Annual Reports, the Commission also noted the existence of women's organizations that advocate on behalf of women's rights within the confines of government and Communist Party policy.4 In its 2005 Annual Report, the Commission observed that China's Constitution and laws provide for the equal rights of women, but, as noted in 2006, vague language and inadequate implementation continue to hinder the effectiveness of legal protections written in the Constitution and national laws."
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10.10.2007 - Source: Congressional-Executive Commission on China
Women continue to have less access to education in rural areas and lower educational levels when compared to men ("Annual Report 2007") [ID 21409]
"Women continue to have less access to education in rural areas and lower educational levels when compared to men, although women's organizations and the government have initiated programs in recent years to reverse this trend by providing economic incentives to send girls to school or seeking to change traditional rural attitudes that give preference to the education of sons. Despite 99 percent enrollment rates for girls and boys, only 43 percent of girls in rural areas, as compared with 61 percent of boys, complete education higher than junior middle school.33 Furthermore, the National Bureau of Statistics released statistical data in 2006 showing that more than 70 percent of those who are illiterate and 15 years of age and older are women, a figure that has increased since 2001.34 In an attempt to address these issues in part, government and government-affiliated organizations have organized local-level ``Spring Bud'' programs that aim to help girls stay in school around the country."
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06.2007 - Source: Freedom House
Serious human rights violations against women and girls continue ("Freedom in the World 2007") [ID 20410]
"Serious human rights violations against women and girls continue. The one-child policy and cultural preference for boys over girls, including sex-selective abortion, has led to a shortage of females, creating a market for human trafficking. A Chinese survey conducted by the All-China Women’s Federation found that violence against women remains a significant problem, with 30 percent of families reporting incidents of domestic abuse in 2004."
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23.05.2007 - Source: Amnesty International
Violence and discrimination against women remained severe ("Annual Report 2007") [ID 20013]
"Violence and discrimination against women remained severe. The disadvantaged economic and social status of women and girls was evident in employment, health care and education. Women were laid off in larger numbers than men from failing state enterprises. Women accounted for 60 per cent of rural labourers and had fewer non-agricultural opportunities than men. The absence of gender-sensitive anti-HIV/AIDS policies contributed to a significant rise in female HIV/AIDS cases in 2006. Only 43 per cent of girls in rural areas completed education above lower middle school, compared with 61 per cent of boys.
Despite strengthened laws and government efforts to combat human trafficking, it remained pervasive, with an estimated 90 per cent of cases being women and children trafficked for sexual exploitation.
• Chen Guangcheng, a blind, self-trained lawyer, was sentenced in August to a prison term of four years and three months on charges of "damaging public property and gathering people to stop traffic". He had been arbitrarily confined to his home since September 2005 in connection with his advocacy on behalf of women undergoing forced abortions in Shandong Province. On appeal, the guilty verdict was overturned and the case sent back to the lower court for retrial, but the lower court upheld the original sentence."
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06.03.2007 - Source: US Department of State
Prostitution and sexual abuse ("Country Report on Human Rights Practices 2006") [ID 18960]
"On November 29, the PSB punished 100 alleged prostitutes and their procurers in an act of public shaming in the southern city of Shenzhen. Officials paraded the women in front of jeering crowds, revealed their names and alleged crimes over a loudspeaker, and then sentenced them to administrative detention without trial. According to reports, the purpose of this campaign was to dissuade women from turning to prostitution and intimidate men who patronized brothels.
Sexual and physical abuse and extortion were reported in some detention centers. Falun Gong activists reported that police raped female practitioners, including an incident in November 2005 at the Dongchengfang police station in Tunzhou City, Hebei Province, in which two women were raped while in detention."
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06.03.2007 - Source: US Department of State
Women hold few positions of significant influence in the CCP or government structure ("Country Report on Human Rights Practices 2006") [ID 19151]
"The government placed no special restrictions on the participation of women or minority groups in the political process. However, women held few positions of significant influence in the CCP or government structure. There was one female vice premier on the 24-member Politburo. There was also one woman among the five state councilors. The head of a key CCP organization, the United Front Work Department, was a woman. During the year women headed one of the country's 28 ministries, and 25 women served at the level of vice minister or higher.
The government encouraged women to exercise their right to vote in village committee elections and to stand for those elections, although only a small fraction of elected members were women. In many locations, a seat on the village committee was reserved for a woman, who was usually given responsibility for family planning. At the end of 2005, there were 13.6 million female party members, making up 19.2 percent of the 70.8 million members of the Communist Party. Women constituted 20.2 percent of the NPC and 14.2 percent of the NPC Standing Committee. In 2002 the 16th Party Congress elected 27 women to serve as members or alternates on the 198 person Central Committee, a slight increase over the total of the previous committee."
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06.03.2007 - Source: US Department of State
Violence against women remains a significant problem ("Country Report on Human Rights Practices 2006") [ID 19154]
"Violence against women remained a significant problem. There was no national law criminalizing domestic violence, but the Marriage Law provides for mediation and administrative penalties in cases of domestic violence. In August 2005 the NPC amended the Law on the Protection of Women's Rights specifically to prohibit domestic violence, although critics complained that the provision fails to define domestic violence. More than 30 provinces, cities, or local jurisdictions passed legislation aimed at addressing domestic violence. According to a 2004 survey by the All-China Women's Federation (ACWF), 30 percent of families had experienced domestic violence, and 16 percent of husbands had beaten their wives. The ACWF reported that it received some 300,000 letters per year complaining about family problems, mostly domestic violence. The actual incidence was believed to be higher because spousal abuse went largely unreported. According to experts, domestic abuse was more common in rural areas than in urban centers. In response to increased awareness of the problem of domestic violence, there were a growing number of shelters for victims. Most shelters were government run, although some included NGO participation.
Rape is illegal, and some persons convicted of rape were executed. The law does not expressly recognize or exclude spousal rape.[...]
The amended Law on the Protection of Women's Rights included a ban on sexual harassment, stating "the injured woman has the right to complain to the work unit and the relevant department" and may "bring a civil action in court for damages." Legal scholars and activists praised the amendment but emphasized the law should also specifically define what constitutes abusive behavior. Experts continued to suggest that many victims did not report sexual harassment out of fear of losing their jobs."
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06.03.2007 - Source: US Department of State
Prostitution involves organized crime groups and businesspersons as well as the police and the military ("Country Report on Human Rights Practices 2006") [ID 19155]
"Although prostitution is illegal, experts estimate that there were 1.7 to five million commercial sex workers in the country. The commercialization of sex and related trafficking in women trapped tens of thousands of women in a cycle of crime and exploitation and left them vulnerable to disease and abuse (see section 5, Trafficking). According to state-run media, one out of every five massage parlors in the country was involved in prostitution, with the percentage higher in cities. A 2004 Guangdong Province survey found that 74.2 percent of massage parlor workers were involved in prostitution. Unsafe working conditions were rampant among the saunas, massage parlors, clubs, and hostess bars in cities. Research indicated that up to 80 percent of prostitutes in some areas had hepatitis.
Although the government made some efforts to crack down on the sex trade, credible media reports claimed that some local officials were complicit in prostitution, owned prostitution venues, or received proceeds from such businesses. Prostitution involved organized crime groups and businesspersons as well as the police and the military. Actions to curtail prostitution had limited results. In 2004 according to state-run media, an investigation of prostitution at entertainment facilities in Guangdong Province led to the permanent closure of 15 percent and temporary closure of another 40 percent of the facilities investigated. Courts have prosecuted persons involved in organizing and procuring prostitutes."
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06.03.2007 - Source: US Department of State
Women continue to report that discrimination, sexual harassment, unfair dismissal, demotion, and wage discrepancies are significant problems ("Country Report on Human Rights Practices 2006") [ID 19156]
"The government has made gender equality a policy objective since 1949. The constitution states "women enjoy equal rights with men in all spheres of life." The Law on the Protection of Women's Rights and Interests provides for equality in ownership of property, inheritance rights, and access to education. Policies that once allotted work-unit housing only to the husband have become gender-neutral, and an April 2005 Supreme Court interpretation emphasized that housing rights are shared equally, even in cases of divorce. The State Council's National Working Committee on Children and Women coordinated women's policy. The ACWF was the leading implementer of women's policy for the government. Nonetheless, many activists and observers were concerned that the progress made by women over the past 50 years was eroding. They asserted that the government appeared to have made the pursuit of gender equality a secondary priority as it focused on economic reform and political stability.
The Law on the Protection of Women's Rights and Interests was designed to assist in curbing gender-based discrimination. However, women continued to report that discrimination, sexual harassment, unfair dismissal, demotion, and wage discrepancies were significant problems. Social organizations and the government made efforts to educate women about their legal rights. In a high-profile case in September a Chinese actress made sexual harassment allegations against a China Central Television (CCTV) director on her blog. Although the director threatened to sue the actress for "libel," the case has not gone to court. Hundreds of thousands of Internet users expressed support for the actress.
Women's networks, involving lawyers, activists, and the press, were active in Beijing, Shanghai, and other cities, highlighting problems and calling for solutions to gender-based discrimination.
Nevertheless, women frequently encountered serious obstacles to the enforcement of laws. According to legal experts, it was difficult to litigate a sex discrimination suit because the vague legal definition made it difficult to quantify damages. As a result very few cases were brought to court. Some observers noted the agencies tasked with protecting women's rights tended to focus on maternity-related benefits and wrongful termination during maternity leave rather than on sex discrimination, violence against women, and sexual harassment. Women's rights advocates indicated that in rural areas, women often forfeited land and property rights to their husbands in divorce proceedings.
The ACWF reported that 47 percent of laid-off workers were women, a percentage significantly higher than their representation in the labor force. Many employers preferred to hire men to avoid the expense of maternity leave and childcare, and some lowered the effective retirement age for female workers to 40 years of age (the official retirement age for men was 60 years and for women 55 years). In addition, work units were allowed to impose an earlier mandatory retirement age for women than for men, which limits women's lifetime earning power and career span. Lower retirement ages also reduced pensions, which generally were based on the number of years worked. Job advertisements sometimes specified height and age requirements for women.
Women have less earning power than men, despite government policies that mandate nondiscrimination in employment and occupation. According to the UN's 2005 Human Development Report, nationwide women's salaries overall were only 66 percent of men's salaries, while women in rural areas earned only 60 percent of the income earned by males. Average incomes of female executives and senior professionals were respectively only 58 percent and 68 percent of their male colleagues' salaries. Most women employed in industry worked in lower-skilled and lower-paid jobs and in sectors, such as textiles, which were particularly vulnerable to restructuring of state-owned enterprises and layoffs. Women accounted for 60 percent of those below the poverty line."
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06.03.2007 - Source: US Department of State
Shortage of marriageable women fuels the demand for abducted women ("Country Report on Human Rights Practices 2006") [ID 19162]
"Some experts and NGOs suggested that a shortage of marriageable women fueled the demand for abducted women, especially in rural areas. They argued that the serious imbalance in the male-female sex ratio at birth, the tendency for many village women to leave rural areas to seek employment, and the cost of traditional betrothal gifts all made purchasing a wife attractive to some poor rural men. Some men recruited women from poorer regions, while others sought help from criminal gangs. Criminal gangs either kidnapped women and girls or tricked them with promises of jobs and higher living standards, only to be transported far from their homes for delivery to buyers. Once in their new "family," these women were "married" and sometimes raped. Some accepted their fate and joined the new community; others struggled and were punished; a few escaped. Some former trafficking victims became traffickers themselves, lured by the prospect of financial gain.
According to UN reports, most women and girls trafficked from abroad came from North Korea and Vietnam. Others came from Burma, Laos, Russia, and Ukraine. They were trafficked into the country for sexual exploitation, forced marriage, and indentured servitude in domestic service or businesses. Past reports noted that trafficking of North Korean women and girls into the country to work in the sex industry was widespread in the northeastern part of the country, but reliable sources suggested that the practice has decreased. North Korean women reportedly were sold for approximately $380 to $1,260 (RMB 3,040 to 10,080). Women reportedly were also trafficked from Vietnam for the purpose of forced marriage. The UN reported that Chinese citizens were most often trafficked to Malaysia, Thailand, the United Kingdom, and the United States. Second-tier destinations included Australia, European countries, Canada, Japan, Italy, Burma, Singapore, South Africa, and Taiwan.[...]
The purchase of women was criminalized in 1991 when the NPC Standing Committee enacted its "Decision Relating to the Severe Punishment of Criminal Elements Who Abduct and Kidnap Women and Children." This decision made abduction and sale separate offenses."
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20.09.2006 - Source: Congressional-Executive Commission on China
Status of women ("Annual Report 2006") [ID 17389]
see report for further details - Chapter V(e)
"• The Chinese Constitution and national laws provide that men and women should enjoy equal rights and list protections for the economic and social rights of women, but vague language and inadequate implementation hinder the effectiveness of these legal protections. Some provincial and municipal governments have passed regulations to strengthen the implementation of national laws. A 2005 amendment to the Law on the Protection of Rights and Interests of Women prohibits sexual harassment and domestic violence, promotes a greater voice for women in the government, and charges several government organizations with responsibility for preventing human trafficking and rehabilitating victims.
• Civil society groups in China advocate on behalf of women’s rights within the confines of government and Communist Party policy. The All-China Women’s Federation, a Party-led mass organization, works with the Chinese government to support women’s rights, implement programs for disadvantaged women, and provide a limited measure of legal counseling and training for women. Women, however, have limited earning power compared to men, despite government policies that guarantee women non-discrimination in employment and occupation.
• Human trafficking remains pervasive in China despite efforts by government agencies to combat trafficking, a framework of domestic laws to address the problem, and ongoing cooperation with international anti-trafficking programs. The government’s population planning policy has created a severe imbalance in the male-female birth ratio, and this imbalance exacerbates trafficking of women and girls for sale as brides. Between 10,000 and 20,000 men, women, and children are victims of trafficking within China each year, and NGOs estimate that 90 percent of those victims are women and children trafficked for sexual exploitation. Authorities are working with the International Labor Organization to build anti-trafficking capacity and raise domestic awareness of the problem."
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09.08.2006 - Source: BBC News
Yunnan province: Human trafficking: Young women are being sold as wives or to brothels ans sweat shops in Thailand ("China slow to wake up to human trade") [ID 17865]
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23.05.2006 - Source: Amnesty International
Violence against women ("Annual Report 2006") [ID 17359]
"Despite laws prohibiting such practices, many women continued to be subjected to forced abortions and sterilizations by local authorities attempting to comply with strict family planning policies.
Prohibition of sex identification of foetuses appeared to have little effect on the sex imbalance. Trafficking in women and children, especially girls, continued to be reported.
Some provinces adopted regulations aimed at preventing domestic violence but abuses reportedly remained widespread.
Women in detention remained at risk of sexual abuse and other forms of torture or ill-treatment.
In August the authorities amended the Law on the Protection of Women’s Rights and Interests specifically to prohibit sexual harassment of women and strengthen women’s rights to lodge complaints.
Chen Guangcheng, a blind, self-trained lawyer, was harassed, beaten and arbitrarily detained at his home in September after he attempted to sue the local authorities in Linyi city, Shandong province, for conducting forced sterilizations and abortions in pursuit of birth quotas. He remained held at the end of the year."
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20.03.2006 - Source: Konrad Adenauer Stiftung
Report on feminist and gender discourses; changing women's identities amid sociopolitical transformation; review sarting with 1949 ("Zwischen Partei, Markt und Familie: Chinesische Frauenrechte als Kompromissformel?") [#47352], [ID 4017]
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20.03.2006 - Source: Konrad Adenauer Stiftung
Report on feminist and gender discourses; changing women's identities amid sociopolitical transformation; review starting with 1949 ("Zwischen Partei, Markt und Familie: Chinesische Frauenrechte als Kompromissformel?") [#47352], [ID 17139]
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25.11.2005 - Source: Radio Free Europe/Radio Liberty
WHO's study on domestic violence excludes China; but domestic violence widespread in the country ("World: Violence Against Women Emerging As Major Social Issue") [#39733], [ID 4018]
"China was not included in this study, but domestic violence is widespread in that country. Chinese rights activists try to offer some advice and comfort for victims. The women who manage to get in touch pour out their pain to psychologists at Maple Women's Center in Beijing.
[...]
Experts agree that domestic violence has become more common as China moves toward a market economy, throwing millions of people out of their jobs. However the real situation is still difficult to gauge as in traditional Chinese society, family strife is considered best kept from public."
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11.10.2005 - Source: Congressional-Executive Commission on China
Situation of women ("Annual Report 2005") [#37506], [ID 4019]
see report for further details - chapter III(f)
"The Chinese Constitution and laws provide for the equal rights of women, and a network of women’s groups advocate to protect women’s rights. Such groups focus on providing education, protection, and legal assistance to women.
Chinese women have fewer employment opportunities than men, and their educational levels fall below those of men, but the government has acknowledged these gender discrepancies and is taking steps to promote women’s interests. Chinese women face increasing risks from HIV/AIDS as the disease moves from high-risk groups dominated by men into the general population.
Trafficking of women and children in China remains pervasive despite government efforts to build a body of domestic law to address the problem. China’s population control policies exacerbate the trafficking problem. China’s poorest families, who often cannot afford to pay the coercive fines that the government assesses when it discovers an extra child, often sell or give infants, particularly female infants, to traffickers."
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04.2005 - Source: UK Home Office
Country Report April 2005 - Women ("Country Report - April 2005") [#31975], [ID 4020]
"6.318 According to a report published by the state sponsored All China Women’s Federation (ACWF) in December 2003, 38.4 per cent of people surveyed admitted resorting to violence to resolve disagreements with their spouses, while nearly half believed it was reasonable for husbands to beat their wives. The official China Daily newspaper reported the findings of this survey on 4 February 2004. [14h]
6.319 As reported by the Asian news site Muzi News on 2 August 2004:
“In a bizarre twist, many women even say their status in society has been eroded as economic reforms unleashed 20 years ago cast aside the last vestiges of Maoism, under which women were famously told they “hold up half the sky.” Wife beating hit the headlines in 1999 when news broke that three women in northwestern China had been murdered by their husbands, sparking much soul-searching. One woman was stabbed, another beaten and the third was set on fire. An official at the All China Women’s Federation, Wang Simei, said the level of violence in domestic assault cases has increased.” [15aa]
6.320 16% of married women questioned in a 2002 survey by the ACWF said that their husbands had beaten them and 2.6 per cent said they had been hurt sexually by them. The findings of this survey were reported by the official news agency Xinhua on 30 November 2003. [13b]
6.321 As reported by the official China Daily newspaper on 26 November 2003:
“Currently, women’s federations at various levels have opened 6,181 hotlines and 8,958 special organizations in China to provide consultation and legal aid for women’s rights protection. The China Law Society has established a nationwide network for fighting domestic violence, and many provincial authorities have enacted local regulations for preventing domestic violence.”"
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04.2005 - Source: UK Home Office
Country Report April 2005 - Marriage, Divorce ("Country Report - April 2005") [#31975], [ID 4021]
"Marriage
6.322 As reported by the USSD Report 2004, “In order to delay childbearing, the Marriage Law sets the minimum marriage age for women at 20 years and for men at 22 years.” [2j] (Section 1 f.) (See also Section 6.B/ Family Planning – one child policy)
6.323 On 19 August 2003, the official People’s Daily newspaper reported:
“Chinese couples planning to get married may soon do so without a letter from their employers testifying to their unmarried status and without first having a health examination, according to a new regulation issued by the State Council Monday. The regulation, to take effect Oct. 1, consists of six chapters, or 22 items, which will annul the old version that was in effect for nine years. An adult male and female will be able to marry each other legally by only providing their ID cards and residence documents, and by signing a statement that they are single and not related, the new regulation said. For the past several decades, government marriage offices required people to show letters provided by their employers to guarantee that they were qualified for marriage. The new regulation says that people may take a health examination before marriage, but will not be forced to do so.” [12g]
6.324 This report also stated, “Couples will receive divorce certificates at once if they both agree to get divorced and settle amicably their property, any debts and care of any children, the new rules say.” [12g]
6.325 As reported by the People’s Daily on 20 August 2003, couples with HIV/AIDS will be allowed to marry under these regulations but same sex marriages are not permitted. [12i]
6.326 As reported by the US Embassy in China, “Certain categories of Chinese citizens, such as diplomats, security officials, and others whose work is considered to be crucial to the state, are not legally free to marry foreigners. Chinese students generally are permitted to marry if all the requirements are met, but they can expect to be expelled from school as soon as they do.” The same source also noted that additional documentation is normally required for marriage to a non-Chinese national. [4f]
Divorce
6.327 On 28 April 2003, the Standing Committee of the NPC voted to amend the Marriage Law, in addition to making bigamy a criminal offence punishable by 2-years imprisonment it made the following pronouncement on divorce, “In divorce cases, property division should be determined under contract by both parties. Should they fail, the people’s court will make decisions in favor of the offspring and the female.” The official People’s Daily newspaper reported these amendments on the same day."
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04.2005 - Source: UK Home Office
Country Report April 2005 - Female Infanticide ("Country Report - April 2005") [#31975], [ID 4022]
"Female Infanticide
6.368 According to the USSD Report 2004, “Female infanticide, sex-selective abortions, and the abandonment and neglect of baby girls remained problems due to the traditional preference for sons and the birth limitation policy. Many families, particularly in rural areas, used ultrasound to identify female fetuses and terminate pregnancies.” [2j] (Section 5)
6.369 As reported by the Guardian newspaper on 9 March 2004, the traditional preference for boys has led to a gender imbalance of 117 boys to every 100 girls born. In some rural areas the figure is as high as 130 to 100. [16ad] The BBC quoted the same figures on 15 July 2004. [9bc]
6.370 As noted by the Guardian (see above) and by the Times on 22 June 2004, the Chinese government, concerned about the destabilising affect of so many unattached men has begun to offer cash incentives to couples to produce more girls. [16k] [16ef]
6.371 On 4 August 2004, the official People’s Daily newspaper reported, “Beginning from this year [2004], rural families who have only one child or two girls will receive award and support from government.” [12u]
6.372 This report went on to say:
“The pilot work will be launched this year in five provinces and municipality in west China (Sichuan, Yunnan, Gansu, Qinghai and Chongqing), nine cities in nine central provinces (Hebei, Shanxi, Heilongjiang, Jilin, Jiangxi, Anhui, Henan, Hunan, and Hubei) as well as in Zunyi City, Guizhou Province. Work has been started earlier in some provinces where farmers have received award money.” [12u]
6.373 As Asian Sex Gazzette on 1 September 2004:
“Last year, 117 boys were born for every 100 girls in China, compared with a global average of 105 to 100… To reverse the trend, pilot programmes are already under way in China's poorest provinces. In some areas, couples with two daughters and no sons have been promised an annual payment of R430 (about $80 US) once they reach 60 years of age. The money, which is a significant sum in areas where the average income is about R5 (less than $1.00 US) a day, will also be given to families with only one child to discourage couples with a daughter from trying again for a boy. Some regions have gone further. In parts of Fujian province, local governments have given housing grants of approximately R11000 ($1700 US) to couples with two girls.” [15ga]
6.374 The same souce also noted, “Many families, particularly in rural areas, place greater value on sons, who are considered best suited to continue the family line, generate income and ensure that parents are cared for during their old age.” [15fb]
6.375 As noted by Asia Time in a report dated 5 November 2004:
“China's "missing girls", as demographers have dubbed them, are the unintended consequence of China's one-child policy, where sons traditionally have been more highly valued than daughters. That's because women join their husbands' families and work for them, so families still invest more in boys than girls in terms of education, health care and providing other advantages. Some affluent families, even in the countryside, can "buy" another child, by paying the fine for more than one child. Even so, they often try again for boys, not burdensome girls.” [15ef]
6.376 As reported by Asian Sex Gazette on 16 December 2004:
“One of the world's least controlled abortion regimes will be tightened next month, when the Chinese city of Guiyang introduces a pilot programme aimed at halting the widespread termination of female foetuses. The new policy bans doctors from carrying out abortions on most women who are more than 14 weeks into pregnancy.” [15gc]
6.377 The source continued:
“ ‘If this is part of a trend in China, it is very good news indeed,’ said Siri Tellier, representative of the UN population fund in Beijing. Critics, however, will point to uncertainties about implementation and continued concerns about what they see as the coercive nature of China's one-child policy.” [15gc]
6.378 As reported by the Asian Sex Gazzette on 21 February 2005:
“The Chinese city of Guiyang is limiting abortions in an effort to combat one of the world's biggest gaps between male and female childbirths… The city's ban on abortions after the 14th week of pregnancy appears to be gathering momentum across China. National laws already prohibit sonograms for gender detection, which becomes possible after the 14th week, but the law has been spottily enforced.” [15gd]"
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30.11.2004 - Source: Amnesty International
Woman, who was facing the death penalty on drugs charges and who was given a forced abortion in police custody so she could be "legally" executed, has instead been sentenced to life in prison at her retrial ("People`s Republic of China - Further Information on UA 256/04") [#27412], [ID 4023]
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07.10.2004 - Source: BBC News
Fujian: 110 'baby smugglers' arrested; 2 human traffickers sentenced to death for selling 74 women and 22 children ("China holds 110 'baby smugglers'") [#26315], [ID 4024]
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26.08.2004 - Source: Amnesty International
Woman facing the death penalty on drug charges has reportedly been forced to have an abortion in police custody ("China - UA 256/04") [#25183], [ID 4025]
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10.2003 - Source: UK Home Office
Country Assessment - October 2003 - Women ("Country Report - October 2003") [#49232], [ID 4026]
"Women
Summary
6.326. Article 48 of the 1982 Constitution states that "Women in the PRC enjoy equal rights with men in all spheres of life, political, economic, cultural and social, including family life. 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." The Communist regime has consistently articulated the ideal of gender equality and has enacted a series of laws to protect women's rights. However, the persistence of traditional views on the position of women, the government's family planning policies, the preference for sons and the economic reform programme are obstacles to the effective application of these laws. [3c]
Abduction
6.327. The abduction and sale of women (ingrained in Chinese society before 1949) remains widespread in China. In some areas, particularly in remote rural ones, the growing shortage of women, the cost of betrothal gifts and the economic reform programme have exacerbated it. The authorities have consistently condemned the practice of the abduction and sale of women. In 1991 tougher penalties were enacted, imposing sentences of between 10 years in prison and death for gang leaders, up to 3 years in prison for those who buy women and children, and 2-7 years in prison for government cadres who obstruct rescue attempts. Campaigns to catch and convict those involved in the abduction of women are regularly organised. [3c][10o] In 1999, police claimed that they had rescued 23,000 women and 4,260 children who were kidnapped, broke up 8,000 kidnapping gangs, and arrested 26,000 people between 1996 and 1998. [4ag]
6.328. The trafficking of women, for the sex trade, and children for adoption rackets has increased in year 2000 [4km][4kp], while for the year 2002, it was estimated that between 4 to 10 million women worked in the sex industry. [2g]
6.329. In August 2003 the official news agency (Xinhua) reported that the ringleader of a gang convicted of kidnapping and selling 50 babies to childless couples had been sentenced to life imprisonment by court in Yunnan province. Interestingly only one of the babies was a boy. [20at.]
Marriage
6.330. New rules simplifying arrangements for couples wishing to marry came into force on 1 October 2003. Under these new arrangements only identification cards and residence ('hukou') booklets will be needed when applying for permission to get married. This will also apply to couples wishing to divorce. Before 1 October (2003), couples were required to present stamped documents from their employers (or from the neighbourhood committee if they are unemployed) to prove their unmarried status. Couples will also no longer be forced to take a health examination, although the marriage may be declared invalid if either of them are subsequently found to have a medical condition, which under law would preclude them from marrying, for example insanity. [20au.] Couples with HIV/AIDS will be allowed to marry under these regulations but same sex marriages are not permitted. [20av.]
6.331. Information on what additional documentation is required for foreigners whether wishing to marry citizens of the PRC or vice versa can be obtained via the US Embassy in Beijing http://www.usembassy-china.org.cn/
6.332. The local civil affairs office (minzhengju) administers marriage registration procedures. [15i]
Divorce
6.333. It is relatively easy for a woman to get a divorce under China's Marriage Law (1980). Women, however, may be discouraged from applying for a divorce because of the housing shortage in China. During marriage women usually live in a house belonging to their husbands' work unit. After divorce, if a woman's own unit does not assign her a house, she is forced to seek housing with family and friends. [3c][20au.]
All China Women's Federation
6.34. The government-sponsored All China Women's Federation (ACWF) plays a key role in promoting and safeguarding women's rights and interests. Founded in 1949, it's the largest women's organisation in China with branches at every government level and 89,000 specialists working with women. Since 1980, the ACWF has sponsored a nationwide effort to develop family planning education, including counselling services. The organisation actively protests cases in which women are discriminated against by the hiring practices of companies and factories. Women's protection committees, medical schemes, domestic abuse hotlines and emergency centres have been set up in some areas. [3c][7g][4p]
6.35. According to one academic the ACWF has begun to redefine itself as an advocate of women's political representation, which is held to be falling as the pace of economic reform has increased reducing the earlier emphasis on their political participation. [20aw.]
6.36. The Ninth National Women's Congress of China was held in Beijing from 22 - 26 August 2003. More than 1,300 delegates attended the conference including Vice Premier Wu Yi. Delegates discussed a number of issues such as domestic violence, increased employment rights and eliminating gender disparity in education. They also vowed to increase the number of women cadres and improve literacy rates amongst rural women."
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09.04.2003 - Source: Freedom House
Freedom House: Political Rights and Civil Liberties: Women ("The world`s most repressive regimes 2003") [#12683], [ID 4027]
"Chinese women face considerable unofficial discrimination in employment and other areas and are far likelier than men to be laid off when state firms are slimmed down or privatized, according to the U.S. State Department report. Violence occurs in about 30 percent of Chinese families, with 80 percent of cases involving husbands abusing their wives, according to a 2000 survey by the official All-China Women’s Federation. Trafficking in women and children, and the kidnapping and sale of women and girls for prostitution or marriage, are serious problems, although the number of victims each year is not known, the State Department report said."
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26.11.2001 - Source: Neue Zürcher Zeitung
Stark zunehmender Frauenhandel in China ("Stark zunehmender Frauenhandel in China") [#4888], [ID 4032]
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