Right to Life and Health of Women
from Perspective of Social Gender
Wang Liping
[Abstract] Right to life and health is the right enjoyed by citizen endowed by laws
against unlawful depriving of life safety and against unlawful infringement on all
organs and functions of body. Women’s right to life and health is the right enjoyed by
women to protect her life, body, health against deprivation and infringement
according to laws. The object of the rights is the basic interest of human, or life, body
and health. Right to life and health of women is the most important and the most basic
human rights of women and protection of right to life and health of women is the
indispensable precondition for women’s participating in social development.
Women’s right to life and health may be subdivided into right to life, right to body,
right to health. The right to life is the independent and concrete right of personality
with interest of women’s life safety contented, the object of this right is life safety of
natural person; the right to body is women’s concrete right of personality to protect
completeness of her body and to control her limbs, organs and other tissues, it’s object
is body and body’s interest of citizen; the right to health is women’s concrete right of
personality with maintaining interest of activity of human’s body on normal operation
of organism’s physiological enginery and sufficient implementation of function
contented. Right of life, right of body and right of health are interrelated with each
other, but with emphasize on each other. Just because of close relations among the
three rights, we mostly call them in general as rights of life and health for protection
in law.
Women’s right to life and health has aroused attention of all countries in modern
society, criminal laws, civil laws and administrative laws all have applied strictly
protection on it. Infringement on life-health of women can be generalized in three
styles: infringe on right to life, or make one died; infringe on right to body, or infringe
on completeness of body; infringe on right to health, or injure one’s health.
Since the foundation of P.R.C., Chinese government has worked out a series of laws
and regulations to protect right to life and health of women. Contents of protection of
women’s right to life and health included in the laws and regulations mainly are these:
crimes provided in “Criminal Law” such as crime of intentional homicide, crime of
negligent menslaughter, crime of intentional injury, crime of negligent serious injury,
crime of rape, crime of having sexual intercourse with a minor, crime of insulting and
indecently against women by force, crime of unlawful detention, crime of abducting
and trafficking women, crime of buying abducted and trafficked women, crime of

Professor of Laws Institute of Shangdong University, Doctor of Law.
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maltreatment, and crime of abandon. “General Provisions of the Civil Law” also have
provisions of protection on rights of life and health of women: citizens shall enjoy
rights of life and health, Whoever infringes upon a citizen's person and causes him
physical injury shall pay his medical expenses and his loss in income due to missed
working time and shall pay him living subsidies if he is disabled; if the victim dies,
the infringer shall also pay the funeral expenses, the necessary living expenses of the
deceased's dependents and other such expenses. Marriage Law provided that marriage
system of sexual equality shall be implemented, legal interest of women shall protect,
family violence shall be prohibited, maltreatment and abandon between family
member shall be prohibited, also provided in special charter that “salvage measure
and liability of law” to guarantee that member of family who encountered with family
violence, or be abused, be abandoned shall receive certain salvage. Law of the
People's Republic of China on the Protection of Rights and Interests of Women,
special law for protecting women’s rights and interests, definite provided that: The
state shall guarantee that women enjoy equal rights with men relating to their persons;
Women's right of life and health shall be inviolable. Drowning, abandoning or cruel
infanticide in any menner of female babies shall be prohibited; discrimination against
or maltreatment of women who gave birth to female babies or women who are sterile
shall be prohibited; cruel treatment causing injury even death of women by
superstition or violence shall be prohibited; maltreatment or abandonment of aged
women shall be prohibited; Abduction of and trafficking in, or kidnapping of women
shall be prohibited; buying of women who are abducted and trafficked in, or
kidnapped shall be prohibited. People's governments and relevant departments must
take timely measures to rescue women who are abducted and trafficked in, or
kidnapped. If such women have returned to their former places of residence, nobody
may discriminate against them, and the local people's governments and relevant
departments shall well settle the problems arising thereafter; Prostitution or whoring
shall be prohibited. It is prohibited for anyone to organize, force, seduce, shelter or
introduce a women to engage in prostitution or employ or shelter a women to engage
in obscene activities with others. If legal interests and rights of women shall be
infringed, the victim may require related administrative department to handle it, or
may take action to people’s count according to laws; the victim may complain to
women’s organizations, and women’s organizations shall require related departments
or units to handle the infringement to protect legal rights and interests of women be
infringed. Further more, under related labor regulations, health regulations and social
security system such as Labor law, Labor Protection Regulations on Female Staff,
Regulations on Scope of Work Prohibited for Female Staff, health Law of Mother and
Infant, related provisions of protecting right of health of women also exited.
Although regulations of women’s right to life and health in related laws are relatively
complete, behaviors infringed women’s right to life and health in real life happened
constantly, and women’s rights of life and health encountered certain challenges, e.g.
family violence, sexual harassment, problem of women’s health care, problem of
procreation insurance and problem of women’s labor protection. settlement of this
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problem, on one hand, shall await promotion of related legislation, such as laws on
family violence, sexual harassment, and emphasize visual angle of social sex in
formulating laws and regulations, on the other hand, we shall made all efforts to
promote exercising of visual angle of social sex in implementing laws and policies.
We also shall improve cognition of nondiscrimination on women, treat women fairly,
admire women’s acknowledgement, and emphasize on women’s human rights of
entire society to provide excellent social environment for women’s development.
Thus, women and men may cooperate and develop continuously.
(Key Words) Women’s rights of life and health
Visual angle of social sex
Women’s human rights
Cooperation between men and women and continuous development is a symbol of
social civilization. Equal participation in social development by women is premised
by assurance on women’s rights of life and health. Since the founding of the P.R.C in
1949, Chinese government put highly emphasize on protection of women’s rights of
health, and worked out a series of laws and policies to improve level of women’s
health. Surely, because of imbalance of development among regions, there are some
problems in protection of women’s right of health. This article may analyze under
visual angle of social sex to discuss on efficient protecting on women’s rights of life
and health in macro.
1. Basic content of women’s right to life and health
Right to life and health, is the right enjoyed by citizen for life endowed with law to
deprive safety of life against unlawful and to infringe on all organs and functions of
body against unlawful. Women’s right to life and health is the right enjoyed by
women to protect her life, body, health against deprivation and infringement
according to laws. The object of this right is the basic interest of men, or life, body
and health. Body or body of nature person, is carrier which life and health cling to, if
body do not existed, the so called life and health do not existed. Body, life and health
is the basic interest of nature person, 1any women, no matter age, race, nationality,
social status, economic condition, and education level, her rights of health shall be
protected by law, women’s rights of life and health shall not be infringed.
Right tof life and health of women can be subdivided into right to life, right to body,
right to health. right to life is the independent and concrete right of personality with
interest of women’s life safety contented, the object of this right is life safety of
natural person, or normal activity of maintaining life and interest of personality to
protect life against illegal deprive, the aim of this right is to maintain nature continuity
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of human’s life activity, also to prevent to be terminated artificially. right to body is
women’s concrete right of personality to protect completeness of her body and to
control her limbs, organs and other tissues, it’s object is body and body’s interest of
citizen, and it’s aim is to preserve completeness and integrality of body, also to hold
right to control components of body such as limbs, organs and others tissues. Along
with development of science technology and modern law ethics, on preconditions of
abiding by principle of loyalty and honesty and noninfringement of fine custom of
public order, nature person shall be permitted to control his body and it’s organs and
tissues. right to health is women’s concrete right of personality with maintaining
interest of activity of human’s body on normal operation of organism’s physiological
enginery and sufficient implementation of function contented. Its’ content is normal
operation of human’s physiological enginery and ordinary implementation of function.
Right of life, right of body and right of health are interrelated with each other, but
with disparity with each other. Just because of close relations among the three rights,
we mostly call them in general as rights of life and health for protecting in law.
Women’s life and health, expect requiring on life and health of women who stands on
the same legal status with men, includes requiring on women’s physiology and
mentality and presentation of women’s impersonal social existence. Special
evaluating criterion on women’s life, body and health, reflected on law, is legal
acknowledgement and protection of women’s rights of life and health. Women’s rights
of life and health are the most basic rights women enjoyed, are foundation of all rights
and protecting by laws women enjoyed as independent personality and independent
subject, also are the basic human rights women enjoyed. Departed from human’s
nature body and health, any other right shall encounter “with the skin gone, to what
can the hair attach itself?”
Therefore, women’s right to life and health has aroused attention from many countries
in modern society, as well as strictly protection from criminal laws, civil laws and
administrative laws. Infringement on life-health of women can be generalized in three
styles: infringe on right of life, or make one died; infringe on right of body, or infringe
on completeness of body; infringe on right of health, or injure one’s health. Laws of
many countries in the world have provided different legal liabilities, including
criminal liability, administrative liability and civil liability, for different
infringements.
2. Laws and regulations concerning protection women’s right to life
and health in China
Personality is regarded as the top value of human, while interest of personality as the
top interest of human. Respect of personality is goal and basic theory of modern
movements on human rights. Thus, protection of women’s right of personality and
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right to life and health become one of goals of laws in many countries. Chinese
government has worked out a series of laws and regulations to protect rights of life
and health of women. Content of protection on rights of life and health of women
directly involving in these laws and regulations mainly are these:
Major crimes of infringing other’s right to life and health under Criminal Laws of the
P.R.C. are: (1) crime of international homicide under article 232: “Whoever
intentionally commits homicide shall be sentenced to death, life imprisonment or
fixed-term imprisonment of not less than 10 years; if the circumstances are relatively
minor, he shall be sentenced to fixed-term imprisonment of not less than three years
but not more than 10 years”. (2) criminal of negligent manslaughter under article 233:
“Whoever negligently causes death to another person shall be sentenced to fixed-term
imprisonment of not less than three years but not more than seven years; if the
circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment
of not more than three years, except as otherwise specifically provided in this Law”.
(3) crime of international injury under article 234: “Whoever intentionally inflicts
injury upon another person shall be sentenced to fixed-term imprisonment of not more
than three years, criminal detention or public surveillance. Whoever commits the
crime mentioned in the preceding paragraph, thus causing severe injury to another
person, shall be sentenced to fixed- term imprisonment of not less than three years but
not more than 10 years; if he causes death to the person or, by resorting to especially
cruel means, causes severe injury to the person, reducing the person to utter disability,
he shall be sentenced to fixed-term imprisonment of not less than 10 years, life
imprisonment or death, except as otherwise specifically provided in this Law”.
(4)crime of negligent severe injury under article235: “Whoever negligently injures
another person and causes severe injury to the person shall be sentenced to fixed-term
imprisonment of not more than three years or criminal detention, except as otherwise
specifically provided in this Law”. (5) crime of rape and crime of having sexual
intercourse with a minor under article 236: “Whoever rapes a women by violence,
coercion or any other means shall be sentenced to fixed-term imprisonment of not less
than three years but not more than 10 years. Whoever has sexual intercourse with a
girl under the age of 14 shall be deemed to have committed rape and shall be given a
heavier punishment. Whoever rapes a women or has sexual intercourse with a girl
under the age of 14 shall, in any of the following circumstances, be sentenced to
fixed-term imprisonment of not less than 10 years, life imprisonment or death: the
circumstances being flagrant; raping a number of women or girls under the age of 14;
raping a women before the public in a public place; raping a women with one or
more persons in succession; or causing serious injury or death to the victim or any
other serious consequences” (6) crime of insulting and indecently against women by
force under article 237: “Whoever acts indecently against or insults a women by
violence, coercion or any other forcible means shall be sentenced to fixed-term
imprisonment of not more than five years or criminal detention. Whoever gathers a
number of people to commit the crime mentioned in the preceding paragraph or
commits the crime before the public in a public place shall be sentenced to fixed-term
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imprisonment of not less than five years”.(7) crime of unlawful detention under article
238: “Whoever unlawfully detains another person or unlawfully deprives the personal
freedom of another person by any other means shall be sentenced to fixed-term
imprisonment of not more than three years, criminal detention, public surveillance or
deprivation of political rights. If he resorts to battery or humiliation, he shall be given
a heavier punishment. Whoever commits the crime mentioned in the preceding
paragraph and causes serious injury to the victim shall be sentenced to fixed-term
imprisonment of not less than three years but not more than 10 years; if he causes
death to the victim, he shall be sentenced to fixed-term imprisonment of not less than
10 years. If he causes injury, disability or death to the victim by violence, he shall be
convicted and punished in accordance with the provisions of Article 234 or 232 of this
Law”. (8) crime of abducting and trafficking women under article 240: “Whoever
abducts and traffics in a women or child shall be sentenced to fixed-term
imprisonment of not less than five years but not more than 10 years and shall also be
fined; if he falls under any of the following categories, he shall be sentenced to
fixed-term imprisonment of not less than 10 years or life imprisonment and shall also
be fined or sentenced to confiscation of property; if the circumstances are especially
serious, he shall be sentenced to death and also to confiscation of property: being a
ringleader of a gang engaged in abducting and trafficking in women and children;
abducting and trafficking in three or more women and/or children; raping the women
who is abducted and trafficked in; enticing or forcing the women who is abducted and
trafficked in to engage in prostitution, or selling such women to any other person who
would force her to engage in prostitution; kidnapping a women or child by means of
violence, coercion or anaesthesia for the purpose of selling the victim; stealing a baby
or an infant for the purpose of selling the victim; causing serious injury or death to the
women or child who is abducted and trafficked in or to her or his relatives or any
other serious consequences; or selling a women or a child out of the territory of China.
(9) crime of buying abducted women under article 241: Whoever buys an abducted
women or child shall be sentenced to fixed-term imprisonment of not more than three
years, criminal detention or public surveillance. Whoever buys abducted women and
forces her to have sexual intercourse with him shall be convicted and punished in
accordance with the provisions of Article 236 of this Law. Whoever buys an abducted
women or child and illegally deprives the victim of his or her personal freedom or
restricts his or her personal freedom, or commits any criminal acts such as harming
and humiliating the victim, shall be convicted and punished in accordance with the
relevant provisions of this Law. (10) crime of maltreatment under article 260:
“Whoever maltreats a member of his family, if the circumstances are flagrant, shall be
sentenced to fixed-term imprisonment of not more than two years, criminal detention
or public surveillance. Whoever commits the crime mentioned in the preceding
paragraph and causes serious injury or death to the victim shall be sentenced to
fixed-term imprisonment of not less than two years but not more than seven years”.
(11) crime of abandon under article 261: “Whoever refuses to fulfill his duty to
support an aged person, minor, sick person or any other person who cannot live
independently, if the circumstances are flagrant, shall be sentenced to fixed-term
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imprisonment of not more than five years, criminal detention or public surveillance”.
And so on.
General Provisions of the Civil Law also have provisions for protection of right to life
and health of women, article 98,article 105 and article 119 provided respectively that:
“citizens shall enjoy right to life and health”. “Women shall enjoy equal civil rights
with men”. “Whoever infringes upon a citizen's person and causes him physical injury
shall pay his medical expenses and his loss in income due to missed working time and
shall pay him living subsidies if he is disabled; if the victim dies, the infringer shall
also pay the funeral expenses, the necessary living expenses of the deceased's
dependents and other such expenses”. “ Marriage Law” provided that marriage
system of sexual equality shall be implemented, legal interest of women shall protect,
family violence shall be prohibited, maltreatment and abandon between family
member shall be prohibited (article 2, article 3), also provided in special charter that
“salvage measure and liability of law” ,or provided respectively under article 43 and
article 44 that: Implemented family violence or maltreated family member, the victim
shall have rights to taking inquiry, residents’ committee or villagers’ committee and
his/her unit shall dissuade and mediate the behavior. To implementing family violence,
the victim shall have the rights to taking inquiry, Residents’ committee or villagers’
committee and his/her unit shall dissuade the behavior; public security agency shall
prohibit the behavior. Whoever implementing family violence or maltreating family
member, in request of the victim, shall be given administrative penalty according to
Security Administration Punishment Regulations by public security organs”. “Respect
to abandon family member, the victim have the right to take request, residents’
committee or villagers’ committee shall persuade and mediate. Whoever abandoning
family member, in request of the victim, shall be sentenced to pay support fees,
alimony, and estovers to the victim according to law by people’s court”. Furthermore,
this law also provided that system of compensation for fault while devoice under
article 46:if devoice for family violence or maltreating, abandoning family member,
non-fault party shall have the right to claim damages.
“Law of the People's Republic of China on the Protection of Rights and Interests of
Women”, special law for protecting women’s rights and interests, definitely provides
that: the state shall guarantee that women enjoy equal rights with men relating to their
persons(article 33); Women's right to life and health shall be inviolable. Drowning,
abandoning or cruel infanticide in any menner of female babies shall be prohibited;
discrimination against or maltreatment of women who gave birth to female babies or
women who are sterile shall be prohibited; cruel treatment causing injury even death
of women by superstition or violence shall be prohibited; maltreatment or
abandonment of aged women shall be prohibited. (Article 35); Abduction of and
trafficking in, or kidnapping of women shall be prohibited; buying of women who are
abducted and trafficked in, or kidnapped shall be prohibited. People's governments
and relevant departments must take timely measures to rescue women who are
abducted and trafficked in, or kidnapped. If such women have returned to their former
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places of residence, nobody may discriminate against them, and the local people's
governments and relevant departments shall well settle the problems arising thereafter.
(Article 36); Prostitution or whoring shall be prohibited. It is prohibited for anyone to
organize, force, seduce shelter or introduce a women to engage in prostitution or
employ or shelter a women to engage in obscene activities with others (article 37). If
legal interests and rights of women shall be infringed, the victim may require related
administrative department to handle it, or may take action to people’s count according
to laws; the victim may complain to women’s organizations, and women’s
organizations shall require related departments or units to handle the infringement to
protect legal rights and interests of women be infringed. Whoever evading, delaying
or suppressing the investigation and disposition of a complaint, a charge or an
exposure regarding an infringement upon the rights and interests of a women shall be
ordered to make corrections by his or her unit or by an organ at a higher level, and the
person who is held directly responsible may, in light of the specific circumstances, be
subjected to administrative sanctions. Whoever retaliates against a person making a
complaint, a charge or an exposure regarding an infringement upon a women's rights
and interests shall be ordered to make corrections or be subjected to administrative
sanctions by his or her unit or an organ at a higher level. If a state functionary
commits retaliation, which constitutes a crime, the offender shall be investigated for
criminal responsibility in accordance with the provisions in Article 146 of the
Criminal Law.
Furthermore, “Security Management Punishment Regulations” provides that :
whoever assaulting and battering others and causing lighter injury and whoever
maltreating family members , in request of maltreated, inadequate to be prosecuted,
shall be detained no more than 15days and be received penalty of RMB 200 or be
received admonition. under related labor regulations, health regulations and social
security system such as Labor Law, Labor Protection Regulations on Female Staff,
Regulation on Scope of Labor Prohibited for Female Staff, Health Law of Mother and
Infant, related provisions of protecting right of health of women also exited.
3. Problems encountered for guaranteeing women’s right to health
Although regulations of women’s rights of life and health in related laws are relatively
complete, behaviors infringed women’s right to life and health in real life happened
constantly, and women’s right to life and health encountered certain challenges such
as crime of abducting and trafficking women often happens against prohibition2,
family violence, sex harassment infringed upon women’s physical and mental health,
some enterprises severe infringed related national provisions on labor protection, and
sanitation and health care, medical system and procreation insurance of village
women presents no optimism.
Respect to family violence, date of survey report on implementation of Law of the
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People's Republic of China on the Protection of Rights and Interests of Women
released by all-China women’s federation shows that: 16% of women admitted they
have been stricken by their spouse, while 14.4% of men admitted they have strike
their spouse. During surveyed responsible person in related organs, nearly 1/3 listed
family violence women encountered as the first ranking of infringement women faced.
Family violence between couple in village are more serious than that in city3. Petition
cases on family violence national women’s federation received totaled to 36,600 in
2002, up to 40% than last year, accounts for 22% of all petition cases on interests of
family and marriage. Petition cases on couple’s violence is 30,000, rise to 30%,
constitute around 8/10 of total petition cases on family violence. Among most
petitions, female and child are victim encountered with violence infringement,
furthermore, injured women‘s heart and body suffered from great injury in some cases.
Behavior of family violence is behavior infringing women’s human rights, it not only
caused injury on body, suffering of mental, and oppression in mind, but lead to suicide
or “violence be repelled by violence” of many women According to survey, in recent
years, crime cases women committed occurred in Chaoyang District of Beijing
increase 45% per year, crime women committed have became factor that can not be
neglected and affect on regional economic development and social stability. We
have Acknowledged by a case handling report from “women prosecuting and
charging office” of Beijing Chaoyang Procuratorate that public prosecutors found
during process of case handing that extramarital affair, and family violence have
became three major inducement of crime women committed5. suffering from
long-term family violence have made women get along with condition of isolation,
and have produced “syndrome of women maltreated” on them, even cause them lose
sense and homicide for revenge, thus the victim became the criminal. A
questionnaire carried out in Women’s Prison of Nantong by Rights and Interests
Department of Women’s Federation of Jiangsu province released that: 46% of women
criminal have suffered from family violence, 24%of crime have direct relations with
family violence; 18% have been stricken or maltreated by husband, 12% of who
committed with crime of intentional homicide for family violence accounts for 12%,
and among them, 7% have been sentenced to stay of execution or life imprisonment.
About sex harassment, “sex harassment” has been known by many Chinese. Cases
related with sex harassment presents a tendency of rising, and most of victims in these
cases are women. A survey by a media in Beijing showed that: among women
surveyed, 7/10 has encountered sex harassment, and among them, 54% have heard
pornographic joke, 27% have been touched with other’s body under unwilling
circumstance7. Harassment of “word violence” “pornographic paragraph”liked has
annoyed women who meet with men occasionally because of work. China social
science academy conducted a survey on sex harassment in China by means of
nonrandom sample in the latter half of 2000. The major conducting location are
Bejing, Shanghai ,Changsha and Xian. Among 169 women surveyed, 142 showed that
they have been encountered sex harassment in many means, among them, 107 have
suffered from over two times;152 figured out that they know other women have been
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encountered sex harassment. Furthermore, 119 women expressed that they have been
stroked by strange men in public; 102 have meet with jokes, talks and taunts with sex
contented from men in public; 81 encountered jokes, talks and taunts with sex
contented from male colleagues and leaders (senior officers)in office8. Because sex
harassment have not been provided in Chinese laws, most cases of harassment have
been dealt as infringement in practice , but in litigation for infringement, victim shall
respond for burden of persuasion, thus women’s rights and interests can not be
protected in actual. Sex harassment often happens on private place at time two parties
with each other only; evidence is hard to be preserve in speech and contact of body,
even if take litigation, evidence is hard to be proofed. Therefore, it is significantly
important that distribution of burden of persuasion shall be considered in legislation.
Otherwise, sex harassment happened in working place shall be emphasized too.
Respect to women’s health care. On Mar.30, 2004, “Development of Human rights
Affairs in China in 2003”published by News Office of the State Council released that:
affairs of women’s sanitary and health care have been improved, Chinese government
have promoted to implement mass screening and mass treatment on women’s diseases
and systematic care during period of pregnant and confinement in statewide and to
carry out prevention and cure affairs on women’s ordinary diseases periodically. Up to
later of 2002, rate of premarital medical inspection and antenatal medical examination
accounts for 68.03% and 90.14, up 3.48% and 0.78 than 2000 respectively. In 2002,
health centre for women and children have risen to 3067; deliver rate of new means in
village have reached 97.2%. Along with perfection of medical conditions, health level
of people has improved significantly. Presently, average expect life in China have rise
from 35 before the founding of the P.R.C. to 71.4. Mortality of pregnant women and
lying-in women has drop from 1500/ 100,000 at early of the 50s to 43.2/100,000 in
2002. Although situation of women’s sanitary and health care have been somewhat
improved, but some problems still exited. Health department of Shangdong province
released the most big survey on situation of women’s procreation health in the
province since the founding of the P.R.C. the survey showed that: among women in
Shangdong, Genital infection is the most ordinary gynaopathy, among 4054 surveyed
women, 52.2% have suffered from one infection, 16% have contracted two infections,
1.9% have been infected more than three genital diseases. The survey also discovered:
most women contracted genital diseases have these features: is 31-40 years old and
engaged in service industry, received education under higher school with yearly
income lower than RMB 1000, used intrauterine device(IUD) to contracept, use
non-shower device to bath, and have been induced abortion10.
A survey
conducted by Women’s health care institute of tianjin on 16,700 20-29 years old
young women in 2002 discovered that: women with gynecologic infectious diseases
accounts for 8.3%, women contracted chronic cervicitis accounts for 14.8&, women
suffered from benign tumors constituted 0.17%, women with mastosis accounts for
7.5%,women contracted malignant tumors constituted 0.012%, women with STD
accounts for 0.06%, the result showed that gynecologic diseases have approached
young women.11 we should pay more attention to this: situation of women’s health
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care in village are very hard and can not be neglected. Meny village regions,
especially mountain areas, bordering areas, needed areas, sanitary appliances and
medical personnel are in short, plus people lack enough sanitary and health care
knowledge, and traffic facilities are in short also, rate of delivery in hospital are
relatively low, about 45%-65%, thus pregnant women and lying-in women mortality
and infant mortality are relatively high.12 At the same time, women can not enjoy
basic procreation care service because of poverty. Also because of poverty, local
governments and health departments is hard to step forward and to fulfill some
measures of improving women’s health situation of procreation.
Respect to labor protection. Although laws have provided special labor protection
systems on female staffs, special labor protection on female staffs fulfilled
insufficiently. Special labor protection system on women is aimed at physical features
of female staffs and demands of cultivating offspring, so special protection applied on
safety and health of female staffs during their working procedures according to laws.
But, date of surveys showed: women without special protection during menstrual
period accounts for 78.5%, women without special protection during pregnant period
constituted 40.1%, 25.6% have not received special protection during lactation
period.13
Moreover, a sample survey on implementation of “Law of the People's Republic of
China on the Protection of Rights and Interests of Women” released by all-China
coordination group on rights and interests of women and children showed that: social
security, staff welfare women enjoyed is lower that that of men in general. Date of the
report discovered that: in social security, popularized ratios of free medical service or
medical insurance, retirement pension or endowment insurance is relatively high,
reached 75.4%. But popularized ratios of unemployment insurance, procreation
insurance, housing allowance/housing and other staff welfare accounts for less 50%,
among these ratios, yearly vacation with salary, except legal vacations, and
procreation insurance are lowest in popularized ratio. Nearly 1/4 has not enjoyed
retirement pension or endowment insurance with the highest popularized ratio. The
date also showed that: women enjoyed free medical service or medical insurance
accounts for 62.2%, 5.7 less than that of men; women enjoyed retirement pension or
endowment insurance constituted 74.4%, 2.1% less than that of men; women enjoyed
unemployment insurance accounts for 43%, 5.9% less than that of men; women
enjoyed insurance against injury at work accounts for 39.2, 9.2%less than that of men.
Furthermore, the investigation discovered that: compared by unit types, ratios of these
social security and welfare provided by organs of the party and the
governments/social organizations and institutions are great higher than that of
enterprises and other types units; among enterprises, compared by property features,
these ratios provided by joint ventures, cooperative enterprises and wholly
foreign-owned enterprise are higher that that of other employing units, the second
highest is state-owned enterprises, and individual units, private units and
collective-owned village enterprises accounts for the least. The problems just is: most
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women work for collective-owned enterprises and individual enterprises, social
security and staff welfare they enjoyed is naturally lower than that of men.14 Respect
to problem of procreation insurance, China has implementing reform of procreation
insurance in some areas since 1988. up to later of 2003, staffs enjoyed procreation
insurance counted 36,550,000 in China, 360,000 staffs have enjoyed treatments of
procreation insurance in whole year. But, system of procreation insurance mainly
covered enterprises in city and county and their staffs, and partly covered female
staffs in national organs, institutions, social organizations and enterprises.15 And in
general, village women in needed areas attracted more anxiety. Social security
problems in village are relative hard in cause of population in village accounts for
major part of China’s population and level of economic development is relative low.
Influenced by history and traditional culture, villages possess long-term tradition of
family support, self security and mutual help in the same kindred. Therefore, we
should make further research on problem of protection of interests and rights of
village’s women on health care, medical system, procreation insurance, and
endowment insurance.
Current situation of women’s right to life and health has attracted attention from all
levels of society. Chinese government published “Development Programme for
China’s Women(2001-2010)”and written in sexual equality as one of basic of national
policy on promoting development of society and state to the general goals of the
programme, and defined “women and health” as one of six prior development
territories. On the second conference of the tenth national congress in 2004, proposal
team has received 1374 proposals in total. among all proposals, tens of proposals
concerned with development of women and children, the main contents of these
proposals are on amendment of “Law of the People's Republic of China on the
Protection of Rights and Interests of Women”, amendment of “Law of the People's
Republic of China on the Protection of minors”, amendment of regulations on retire
age of female staffs, amendment of “Criminal Law” to enhance power against crime
of abducting and trafficking women and children, formulating of “Regulations on
Prohibition of Identify of Fetus’ Gender to Chose Termination of Pregnancy in
No-medical Demand”, formulating of “Law against Family Violence”, formulating of
“Law on Safety of Campus”, and so on16. Though there are no national law against
family violence in China, “marriage law” has defined clearly against family violence,
judicial explanation of the Supreme Court have further defined meanings of family
violence17,furthermore, Ningxia, Sichuan, Hunan, Jiangxi have passed resolution on
“prevention and restraint on family violence”. Program of research of measure and
intervention against family violence against women” carried out by Laws committee
of China have accumulated numbers of volunteers from public security organs,
universities, research institutes, women’s federation and NGO, and have formed a
civilian network against family violence through 18 provinces, autonomous regions
and municipalities. Scholars have discussing proposal draft on “law on prevention of
family violence”. This draft included provisions such as definition of family violence,
social salvation, administrative measures, judicial assistance, and legal responsibility.
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Scholars have put forward many legislative proposals such as writing in opposition on
all styles of discrimination against women and forbidding of sex harassment to “Law
of the People's Republic of China on the Protection of Rights and Interests of Women”,
and emphasis on responsibility government shall take on “Convention on the
Elimination of All Forms of Discrimination against Women” and strengthen visual
angle while formulating and implanting laws and policies.
Of course, for actual protection of women’s right to life and health, on one hand, we
shall promote related legislation, such as laws on family violence, sexual harassment,
and emphasize visual angle of social sex in formulating laws and regulations, on the
other hand, we shall made all efforts to promote use of social gender in implementing
laws and policies. We also shall improve cognition of nondiscrimination on women,
treating women fairly, admiring women’s acknowledgement, and emphasizing on
women’s human rights of entire society to provide excellent social environment for
women’s development. Chinese athletes have got 32 golden medals on the 28th
Olympic games in Athens in 2004,female athletes got 19, while men 12, the one rest
is championship of Mixed Doubles of badminton 18 We sure can not draw out a
conclusion of women’s social status, of entire women’s physical quality and level of
health in China only by this number, but this number can show strong willing of
participating in social development by women and huge enthusiasm and activity of
them at least, also continuous improvement of women’s health situation. One can
win only by paying out; only get achievement by making efforts. protection of
Chinese women’s rights of life and health can be called . Only our society provide
excellent social environment to women’s development, can men and women
cooperate and develop consecutively. I convince that, by continuous efforts, as subject
of human rights, women will make a due contribution to the civilized development of
human’s society just as men.
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