The revised draft of the law on the protection of women's rights and interests is submitted to the second instance

2022-04-19

Compulsory reporting and investigation of violations such as abduction and trafficking in women, and restrictions on the promotion of female employees due to marriage and childbirth are prohibited. On the 18th, the revised draft of the law on the protection of women's rights and interests was submitted to the 34th meeting of the Standing Committee of the 13th National People's Congress for second deliberation, actively responding to social hot spots and public concerns. Establish a compulsory reporting and investigation system for violations such as trafficking in women Recently, some places have been exposed to serious violations of women's legitimate rights and interests, which has aroused widespread concern. Zang Tiewei, spokesman of the legal work committee of the Standing Committee of the National People's Congress, said that these events reflect the weaknesses of some places in social grass-roots governance and the protection of women's rights and interests, and relevant provisions need to be added to the law. The second review draft of the revised draft makes it clear that if marriage registration organs, Township People's governments, neighborhood offices, neighborhood committees, villagers' committees and their staff find women suspected of being abducted, trafficked or kidnapped in their work, they shall report to the public security organ in time, and the public security organ shall investigate and deal with them in time according to law. The women's Federation shall play its role as a grass-roots organization and, together with the public security and other departments, strengthen the investigation of abduction, trafficking, kidnapping and other violations of women's rights and interests, and the relevant departments shall cooperate. If a woman is suspected of being abducted, trafficked or kidnapped, it shall report to the public security organ in time and assist the relevant departments in the rescue work. In addition, the second review of the revised draft stressed that people's governments at all levels and departments of public security, civil affairs, human resources and social security, health and other departments should take timely measures to rescue abducted and kidnapped women in accordance with their respective responsibilities, and do a good job in the resettlement, assistance and care of rescued women. Wang Jing, Professor of the political and legal department of the Central Party School (National Academy of administration), believes that the new provisions clarify the legal obligations of grass-roots government departments and their staff in rescuing women victims and protecting women's rights and interests, and stipulate the responsibilities that the above subjects need to bear for failing to fulfill their legal reporting obligations, which is conducive to the formation of an environment for taking the initiative, actively rescuing and protecting women's rights and interests in the whole society. "The long-term existence of crimes such as abduction and trafficking in women is due not only to the need to improve the legal restriction and punishment mechanism, but also to some people's weak awareness of the rule of law." Wang Jing suggested that a crime fighting mechanism with clear responsibilities and coordinated cooperation of multiple departments should be established. At the same time, we will strengthen law popularization education and promote the whole society to form an atmosphere of respecting and protecting women's legitimate rights and interests. Ensure the right of female employees to rest, vacation and promotion during pregnancy and childbirth The reporter learned from the legal working committee of the Standing Committee of the National People's Congress that the first review of the revised draft of the law on the protection of women's rights and interests has received more than 420000 public opinions, including improving the gender equality system in education, employment and other fields, and protecting the rights and interests of female workers during pregnancy and childbirth. In this regard, the second review of the revised draft added the following provisions: the state establishes and improves the maternity leave system for employees to ensure that female employees during pregnancy and childbirth enjoy the rights and interests of rest and leave according to law. The employing unit shall not restrict the promotion, promotion, evaluation and employment of professional and technical titles and positions of female employees due to marriage, pregnancy, maternity leave, breastfeeding and other circumstances. Jiang Yue, vice president of the marriage and Family Law Research Association of the China Law Society and professor of the Law School of Xiamen University, believes that this provision releases a positive signal of advocating the construction of a family friendly working environment. "Under the influence of multiple factors such as workplace competition and traditional family division of labor, professional women often face the pressure of family and work balance. Legislation should pay full attention to the legitimate demands of different stakeholders. In addition to investigating the responsibility of employers for violations of laws and regulations, it should also advocate the construction of an employee friendly and women friendly working environment." Jiang Yue suggested that more high-quality and low-cost childcare services and other public services supporting families should be provided to ensure that female workers can have children at ease and go to work at ease; Reduce and exempt certain taxes for relevant enterprises and reduce the labor cost of employees on vacation. Li Mingshun, vice president of the marriage and Family Law Research Association of the China Law Society and professor of the China Women's college, said that the establishment and improvement of the maternity leave system for employees should also take into account the needs of men to jointly raise children. "For male family members, joint childcare is not only a right, but also a responsibility and obligation. The establishment of joint Childcare Leave is conducive to changing the traditional concept that 'giving birth to children is a woman's business' and allowing male and female workers to jointly fulfill their family responsibilities." Prevent sexual assault on campus and establish an entry inquiry system for teaching staff In recent years, there have been cases of sexual harassment and even sexual assault against minor students in some places. The new law on the protection of minors, which came into force on June 1, 2021, clearly requires the establishment of an employment inquiry system for the illegal and criminal records of the industry in close contact with minors. On this basis, the second review of the revised draft of the law on the protection of women's rights and interests further stipulates that when a school hires teaching staff or introduces off campus personnel such as volunteers and social workers, it shall inquire whether the above personnel have criminal records such as sexual assault and sexual harassment; If it is found that it has the above records, it shall not be employed or introduced. Li Mingshun believes that the establishment of the entry inquiry system actively responds to public expectations, is a powerful measure to prevent high-risk criminal personnel from entering the campus, and is conducive to institutionalizing the prevention of sexual harassment and sexual assault from the source. Jiang Yue said that sexual harassment and sexual assault cases on campus have a certain degree of secrecy, usually lacking witness testimony, surveillance video and other evidence. At the same time, minors often lack the awareness and ability to collect and preserve relevant evidence, and there are problems such as difficult to find and obtain evidence of criminal acts. Therefore, schools and other relevant units should not only fulfill the duty of employment inquiry in time, but also take reasonable measures to prevent sexual harassment, accept and deal with complaints and reports of sexual harassment, and transfer relevant information and materials to the public security organ for disposal when necessary. (Xinhua News Agency)

Edit:He Chuanning    Responsible editor:Su Suiyue

Source:Xinhua

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