VII. Women, Marriage and the Family
In the early 1950s, the Marriage Law of the People's Republic of China, the
first law promulgated since the founding of New China in 1949, clearly
stipulated women's equal status in marriage and the family. The revised Marriage
Law, promulgated in 2001, reiterated the basic principle of equality between men
and women, stressed the equal status of husband and wife and their equal rights
and responsibilities in marriage and the family, and, in consideration of actual
situation, added articles forbidding domestic violence and bigamy with the clear
aim of protecting women's rights. Today, women have a lot more say in
decision-making concerning their own marriage and play a bigger role in family
decisions, and their personal and property rights are better protected.
Adhering to the basic national policy of family planning and advocating late
marriage and late childbirth. Over the last decade, the rate of early marriage
among women has dropped, the average age for first marriage has gone up, and the
general childbirth rate was kept at a fairly low level - 1.8 per couple in 2004.
In the course of promoting family planning, the state stresses gender
consciousness in society while respecting women's rights concerning childbirth,
integrating family planning with the promotion of gender equality. The Law on
Population and Family Planning, implemented since 2002, further stipulates that
husband and wife must both be responsible for family planning, thus providing
favorable conditions for gender equality in family life.
Greatly developing social welfare undertakings, giving priority to community
public services that directly concern family life with the aim of socializing
housework, and enabling women to have more free time. In tandem with the rapid
development of housework services, the rate of expenditure on such services is
increasing. The prevalence of household appliances and the development of
nurseries and kindergartens, as well as the increased percentage of housework
shared by men have all lightened women's housework burden and further narrowed
the gap in housework time between men and women.
Protecting girls' and baby girls' legal rights to subsistence and development
and cutting down the disparity in number between baby boys and girls. The Law on
Population and Family Planning forbids fetus gender identification by means of
ultrasonic and other technical methods for non-medical purposes, and forbids
termination of pregnancy out of consideration for a fetus' gender for
non-medical purposes. In recent years, government departments concerned have
initiated the drive to "Bringing a New Ethos of Marriage and Childbirth to
Myriads of Households," to further stress equality between men and women and
promote social esteem for both male and female babies. In 2003, the
"Care-for-Girl Action" started, which put forward the ideas that "gender
discrimination should be eradicated from the prenatal stage and gender equality
should be stressed in early childhood." Through wide and intensive publicity,
the action is aimed at establishing, step by step, an interest-oriented
mechanism favorable for girls and their family development, changing the
traditional preference for boys to girls, safeguarding girls' legitimate rights
and interests, and striving to enhance their status in the family.
Paying due attention to protecting elderly women's legitimate rights and
interests, and raising their status in marriage and the family. To provide legal
and institutional guarantees for the protection of the rights and interests of
elderly people of whom women form the majority, the state has formulated a
series of laws and policies over the last decade, with the Law of the People's
Republic of China on the Protection of Rights and Interests of the Aged as the
core. The Chinese government is especially concerned about the special problems
of elderly women, and provides guarantees for their basic subsistence and
protection of their legitimate rights and interests. The state also encourages
the development of undertakings and industries aimed at serving elderly people,
and gradually achieving the goal of offering socialized services for the aged.
It also pays attention to ensuring the physical and mental health of elderly
women, and enriching their spiritual and cultural life.
Striving to create a household environment featuring respect for women and
gender equality. In September 2001, the state promulgated the Implementation
Outline for the Project for Enhancing the Moral Standards of Chinese Citizens,
which sets forth the ideas of achieving equality between men and women in family
life, respecting and protecting women's legitimate rights and interests, and
opposing discrimination against and persecution of women. The outline also
advocates making one's own decision in love and marriage, and promoting the new
civilized ethos of "respect for the elderly and care for the young, equality
between men and women, industrious and thrifty household management, and
harmonious family life and neighborly unity." With great support from the
government, a sound environment for gender equality in household affairs is
taking shape.
Actively promoting international exchanges and cooperation in the aspect of
families. The Chinese government has all along actively participated in UN
resolutions, consultations and other activities concerning family issues. China
joined the World Family Organization in 2001 and attended the United Nations
Doha International Conference on the Family in 2004. China supports the Doha
Declaration in its encouragement of equal partnership between husband and wife
within a committed marital relationship, and condemns domestic violence. In the
same year, China hosted the World Family Summit, and advocated that gender
equality should begin in the family, to foster a harmonious partnership among
family members.
