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 United Nations impact on the women in the
Peoples Republic of China

• Readings
• Croll, Elisabeth, Feminism and Socialism in
  China, Schocken Books, New York, 1980, Ch. 2 3.
• Li, Yuhui Li, Women's Movement and Change of
  Women's Status in China, in Journal of
  International Womens Studies, April 03, 2001.
• Mechthild Leutner, Nicola Spakowski, eds, 2005,
  Women in China The Republican Period in
  Historical Perspective

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The Establishment of the Peoples Republic of
China and the Womens Movement

• Introduction
• The Establishment of the PRC and Womens Equality
  
• The Economy and Women
• The Cultural Revolution and Women
• The Marriage Laws
• Marriage Law of 1950
• Marriage Law of 1980
• Marriage Law of 2001
• Women Status after the Economic Reforms (Late
  1978)
• Gender Gap (1980s)
• One Child Policy and Women
• United Nations and China
• UN Concerns

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Introduction

• PRC When the Kuomingtang (KMT) ruled China under
  Chiang Kai-shek and excluded the Chinese
  Communist Party (CCP) from government (1927
  -1937), the CCP withdrew to several areas
  referred to as the liberated areas or the
  soviets.
• In the liberated areas, the laws concerning women
  were the two Marriage Laws of 1931 and 1934. The
  laws
• Banned polygamy, concubinage, and the sale of
  women.
• Outlawed marriage without the consent of the
  partners.
• Women had the right to sue for divorce.
• The greatest emphasis in women policy was aid to
  the army women were to serve with
• Combat troops thousands served in the defense
  forces which accepted girls over sixteen.

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Introduction (2)

• Womens Aid Corps -- responsible for rescuing and
  nursing the wounded and carrying supplies to the
  fighters.
• Intelligence and sabotage.
• The All China Democratic Womens Federation ????
  was formed, under the leadership of the CCP, to
  be responsible for womens affairs.
• But, whenever the Government decided that
  national welfare was more important than the
  equal rights of women they would be told to work
  for
• A democratic and harmonious family
• Saving the children
• Nurturing health and prosperity.
• Rather than for free choice of marriage and
  equality of the sexes.

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The Establishment of the PRC and Womens
EqualityThe Economy and Women

• When the CCP took over the government they had to
  rebuild the cities and develop the economy.
• The Government took over private businesses and
  pushed rural collectivization and organized them
  into communes beginning in 1949.
• Millions of rural women were brought out of their
  homes and organized into production brigades in
  the local communes.
• In the early 1950s, large numbers of women as
  well as men were recruited for different
  occupations.
• Many women were moved from the country to the
  city.

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The Establishment of the PRC and Womens Equality
The Economy and Women (2)

• By 1953, the government met with several
  problems
• The economy could not support the large amount of
  labor power
• Large numbers of men were opposed to the new
  Marriage Law.
• There was a large number of murder and suicide of
  women who wanted to end their marriages.
• The Government decided that national stability
  was more important than the freedom of women.
• Campaigns were launched to encourage women to be
  socialist housewives and model mothers.
• For the next few years, there were tough
  regulations about divorce.

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The Establishment of the PRC and Womens Equality
The Economy and Women (3)

• In 1958, the Government launched another campaign
  (Great Leap Forward ??? 1958-1960) to speed up
  economic development, especially the development
  of industry and technology.
• Women were again told to join the labor force,
  particularly in the fields vacated by men who had
  been transferred to male-oriented industrial
  occupations.
• Women worked beside men and were similarly
  compensated.
• An estimated 70-80 of rural women worked outside
  their homes during the year.
• Service centers were established to take care of
  womens household duties.

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The Establishment of the PRC and Womens Equality
The Economy and Women (4)

• Childcare was organized and families ate in the
  communal dining halls.
• According to one study (by 1959), in rural areas
  there were
• 4,980,000 nurseries and kindergartens
• More than 3,600,000 dining-halls.
• Cafeterias, kindergartens, and nurseries were
  mostly staffed by women.
• Rural women were prepared for the assuming cadre
  duties at the local level but the sexual
  prejudices and social practices of rural families
  did not change.
• More girls than boys were allowed to die during
  the malnutrition of the Great Leap Forward.

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The Establishment of the PRC and Womens Equality
The Cultural Revolution and Women(1966-1976)

• The all Womens Federation ?? was forced to
  suspend itself during the Cultural Revolution.
• Women were told they held up half of the sky.
• Propaganda campaigns showed exemplary women
  workers who took on jobs conventionally held by
  males working tractor machines, etc.
• Womens issues were ignored and womens
  liberation meant that women behaved like men
• The uniform color and style of the popular outfit
  for both women and men.
• Slogans such as "Whatever men can do, women can
  do too."

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The Marriage LawsMarriage Law of 1950

• The Marriage Law was the first legislation
  adopted after the formation of the Peoples
  Republic of China (PRC) similar to that passed
  under the Republican Period.
• It banned prostitution, arranged marriage, child
  betrothal and concubinage.
• It granted equality between men and women in
  marriage.
• It gave equal rights to children born in, or out,
  of marriage.
• Parents were obliged to support their children.
• The new law also entitled women to
• Childcare facilities and maternity leave
• Access to abortion and contraceptives.

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The Marriage Laws Marriage Law of 1950 (2)

• There were campaigns by the government to educate
  the population about the Marriage Law.
• Many women, who were not happy about their
  arranged marriage, were granted divorce.
• The divorce rate in China, during the early
  1950s, was as high as divorce rate was 1.99 per
  thousand in 1953 US 3.6 per 1,000, 2007 vs 5.3
  per 1,000, 1981).
• Large numbers of men were opposed to the new
  Marriage Law.
• There was a large number of murders and suicides
  of women who wanted to end their marriages.
• The Government decided that national stability
  was more important than the freedom of women and
  for the next few years, there were tough
  regulations about divorce.

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The Marriage Laws Marriage Law of 1950 (3)

• The Government then
• Advocated women's domestic duties and the
  importance of harmonious family life.
• Launched campaigns to encourage women to be
  socialist housewives and model mothers,
  emphasizing the domestic responsibilities of
  women.
• The campaigns were organized based on five
  virtues
• Love ones homeland
• Observe laws and regulations
• Work and study well
• Engage in family planning
• Respect elderly and care for children.

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The Marriage LawsThe Marriage Law of 1980

• The Second Marriage Law came into effect on
  January 1 1981 further strengthening the
  democratic system of marriage. It
• Reinforced the earlier law.
• Contained new provisions on family planning One
  child policy.
• Raised the marriage age (by two years) to 22 for
  men and 20 for women.
• Children were to be supported by other family
  members upon the death of parents.
• Parents were to be cared for by the children.

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The Marriage Laws The Marriage Law of 2001

• The move to market economy in the 1970s increased
  social problems. There was an increase in
• Divorces, single parents, one child families,
  extramarital ?? relations, and domestic violence.
• There was growing public demand for the need to
  strengthen the family by amending the Marriage
  law.
• The Federation of Women was particularly active
  on pressing the party for changes.
•  Reasons for adopting new marriage law there
  was
• Not enough information on property relations and
  the annulling of marriages.
• A need to bring the law into line with
  international obligations under the United
  Nations (UN) treaties.

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The Marriage Laws The Marriage Law of 2001 (2)

• After widespread consultation over five years,
  amendments were passed (April 2001) to protect
  women and the elderly.
• Each member of the married couple shall be
  prohibited from living with another person of the
  opposite sex (adultery is not included).
• Penalty for bigamy is 2 years in prison victim
  is entitled to monetary compensation Bigamy is
  also defined as a married person cohabiting with
  another.
• Mandatory registration of marriage (civil and
  defacto marriage no longer legal).
• Need to fight against coerced marriage and
  violence against women.

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The Marriage Laws The Marriage Law of 2001 (3)

• Division of property was clarified property
  included couples earnings and bonuses, income
  from production, managerial and intellectual
  activity, inherited property, etc.
• Division of property to take into special
  consideration the property before marriage.
• Children need to respect the right of parents to
  remarry and not interfere in this marriage or the
  lives of their parents after marriage.
• Children are not relieved from supporting their
  parents after they remarry.

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The Marriage Laws The Marriage Law of 2001 (4)

• Marriages can be divorced under the following
  circumstances
• Bigamy
• One party living with someone else
• Domestic violence
• Cruel treatment
• Failure to help
• Use of drugs or other bad habits
• Living apart for more than two years
• Unknown whereabouts of one member of the couple
• A wife cannot be divorced if
• She is pregnant
• Within 6 months of a miscarriage.
• There should be arrangement of custody visits of
  children.
•  

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Women Status after the Economic Reforms (Late
1978)

• Since the late 1970s, Chinese economy has been
  very successful.
• It grew at an average annual rate of 10 percent
  from 1981 to 1991, and 12 percent from then until
  1995.
• Average personal income more than tripled in the
  1980s, and doubled again in the first half of the
  1990s.
• Womens status since the late 1970s
• Between men and women, there were unequal
  employment opportunities and unequal income.
• Prostitution in areas experiencing economic boom.
• An increase in divorce rate.
• With the One Child Policy, there was an increase
  in female infanticide and there are more boys
  than girls in China.

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Women Status after the Economic ReformsOne Child
Policy

• To control population growth, the Government
  introduced the One Child Policy in 1979.
• The policy is controversial both within and
  outside China.
• The policy was the subject of debate at the
  annual meeting of the countrys parliament, the
  National Peoples Congress (NPC), and of the
  nations top advisory body, the Chinese Peoples
  Political Consultative Conference (CPPCC).
•   Decision No change.

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Women Status after the Economic Reforms One
Child Policy (2)

• In almost 30 years, the policy has
• Slowed down population growth by 300 million to
  400 million.
• Resulted in a severe sex imbalance in the
  population due to traditional preference for
  malesto till the land, to continue the family
  line and to take care of parents in their old
  age.
• Sex imbalance due to
• Abortion of female fetuses after the sex of the
  unborn could be determined by ultrasound
  equipment.
• Widespread female infanticide.

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Women Status after the Economic Reforms One
Child Policy (3)

• Sex ratio in internationally in industrialized
  countries
• 103-to-107 boys per 100 girls,
• In China last year, according to the National
  Bureau of Statistics, the sex ratio was 120.2
  boys to 100 girls.
• In some provinces, it was even greater than 130
  boys to 100 girls.
• Possible social problems in the near future by
  2020
• 40 million Chinese men will not be able to find
  wives.
• Increased trafficking in women
• Population aging by 2030, one in five persons
  will be over 65 years of age, roughly double the
  current ratio creating a economic problem in
  economic support and health services.
• ,

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The United Nations and China

• The PRC joined the United Nations (UN) in 1971
  prior to that the seat was occupied by the
  Government in Taiwan.
• Since then, China has signed a number of human
  rights treaties.
• The most important treaty on equal rights for
  women is the one entitled Convention on the
  Elimination of All Forms of Discrimination
  against Women (CEDAW) .
• CEDAW was adopted by the UN General Assembly in
  1979 and became effective in 1981.
• China was among the original 64 States to sign
  the treaty, CEDAW, in 1980.

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United Nations and China (2)

• The United Nations introduced an Optional
  Protocol to CEDAW (2000), which introduced the
  right of petition for women victims of
  discrimination.
• It allows the Committee on the Elimination of
  Discrimination against Women to receive and
  consider complaints from individuals or groups.
• China has refused to ratify the Protocol.

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The United Nations and China (3)

• CEDAW establishes an agenda of action for putting
  an end to sex-based discrimination
• States ratifying the Convention are required to
  have
• Male/female equality in their domestic
  legislation,
• Repeal all discriminatory provisions in their
  laws.
• Enact new provisions to guard against
  discrimination against women.
• Establish tribunals and public institutions to
  guarantee women effective protection against
  discrimination.
• Take steps to eliminate all forms of
  discrimination practiced against women by
  individuals, organizations, and enterprises.

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The United Nations and China (4)

• Countries that have signed CEDAW have to submit
  national reports, at least every four years, on
  what they have done to eliminate discrimination
  against women.
• Non-Government Organizations NGOs can file
  alternate/shadow reports on their perspective of
  the situation.
• China has submitted a total of four reports
• First in 1985.
• Second, in 1989 (was considered by the UN in
  1992).
• A combined third and fourth report was submitted
  in June 1997 (Full text available on
  http//daccessdds.un.org/doc/UNDOC/GEN/N97/183/09/
  PDF/N9718309.pdf?OpenElement)
• Included reports on the implementation of CEDAW
  from the HK SAR and the Macao SAR.

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The United Nations and China (5)

• China said they did not have time to submit a
  separate reports as it was busy hosting a special
  conference on Women in Beijing in 1995.
• A combined 5th and 6th Report was submitted in
  2004 (full text available on http//daccessdds.un
  .org/doc/UNDOC/GEN/N04/403/05/PDF/N0440305.pdf?Ope
  nElement ).
• The 5th and 6th Report also included reports from
  the HK SAR and the Macao SAR.
• All reports are reviewed by the CEDAW Committee
  with representatives from different countries.
• The Committee then send its views on what still
  needs to be done to the Government.

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The United Nations and China Political
ParticipationThird and Fourth Combined Report,
1997

• The Report covered 1989-1995.
• Increased Political Participation by women
• National Peoples Congress (NPC) ??
• In 1954, there were 147 women deputies (12 of
  total).
• In 1993, increased to 626 (21.03 of total 9
  increase over 39 years).
• Committee of the Chinese Peoples Political
  Consultative Conference (CCPPC) ????
• In 1993, there were 283 women deputies (13.52 of
  total) in the).
• In 1995, there are 3 women ministers, 14 women
  vice-ministers, 23 women deputy provincial
  governors, 375 women mayors or deputy mayors in
  over 640 cities.

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The United Nations and China Political
Participation Fifth and Sixth Combined Report,
2004

• Report covered 1996-2004.
• Increased Political Participation by women
• The National Peoples Congress (NPC)
• In 1998 there were 650 women deputies, or 21.81
  per cent of the total (increased from 21.03 in
  1993).
• In 2003, there were 604 women deputies, or 20.24
  per cent of the total.
• Committee of the Chinese Peoples Political
  Consultative Conference CCPPC ??
• In 1998 there were 341 women members, or 15.54
  per cent of the total (an increase over 13.52 in
  1994)
• In 2003, there were 373 women members,
  representing 16.70 per cent of the total.

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The United Nations and China Education Third
and Fourth Combined Report, 1997

• Increased Female Literacy
• Urban women completed an average of 9.97 years of
  schooling
• 56.3 complete education at the senior middle
  school or higher levels.
• 33.3 at the junior middle-school level
• 8.3 at the primary school level
• 2.1 are illiterate or semi-illiterate.
• Rural women
• 8.9 complete education at the senior middle
  school or higher levels.
• 26.6 at the junior middle-school level
• 27.9 at the primary school level
• 36.6 are illiterate or semi-illiterate

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The United Nations and China EducationFifth and
Sixth Combined Report, 2004

• Also stressed increase in female literacy
• By the end of 2002, more than 90 per cent of the
  population was covered by the nine-year
  compulsory education in areas where it was being
  implemented. There were
• 57,381,300 girl students in elementary schools
  nationwide, or 47.20 of the total
• 38,702,000 in secondary schools, or 46.70 per
  cent of the total
• 5,144,800 in secondary vocational-training
  institutions (including regular vocational
  secondary schools, adult vocational-training and
  specialized secondary schools, but not including
  skill worker schools) or 51.86 of the total
• 3,970,400 in regular higher-education
  institutions, or 43.95 of the total.

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The United Nations and China Chinas Advances
since CEDAW

• Since signing CEDAW in 1980 China has done the
  following to comply with the treaty
• Amendment to the Law on the Protection of Rights
  and Interests of Women
• Amendment to the Marriage Law in 2001 adding
  provisions in many areas including domestic
  violence.
• The Law in 2002 on Contracting of Rural Land,
  which contains provisions for the allocation of
  land to married, divorced and widowed women.
• The Amendment in 2006 to the Law on Compulsory
  Education.
• The establishment of the Program for the
  Development of Chinese Women (2001-2010) making
  gender equality a basic State policy.
• Allowed for the participation of women NGOs.

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UN Concerns

• The UN expressed many concerns on what remains to
  be done in China
• There is still no legal definition of
  discrimination against women.
• No legal cases have been brought to court based
  on discrimination against women.
• No work to eliminate gender stereotypes.
• Law on prostitution is limited to the punishment
  of prostitutes rather than on pimps and
  traffickers.
• Prostitutes can be kept in detention without due
  process of law.

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UN Concerns (2)

• China needs laws to address
• Violence against women crimes punishable under
  criminal law.
• Protection of victims of violence.
• Improve victims access to justice by the
  training of judges, lawyers, and prosecutors.
• Trafficking of women
• Strengthen data collection.
• Need to reduce female suicide rate.
• Need to provide equal pay for equal value.
• Need to address issue of son-preference resulting
  in adverse sex ratio.

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Discussion Question

• Would the changes have taken place without
  pressure from community and world organizations?
• Is the UN CEDAW effective in getting China to
  change?

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