The situation of women in China has improved significantly over the past century, particularly since the government established a gender equality policy in 1949. Education and labour force participation of women have since increased, while harmful practices (such as foot-binding of young girls) have been abolished and patriarchal norms have weakened.
There is growing concern that the gap between men and women is widening again in the wake of China’s rapidly changing economic, social and political conditions. Women are considered the weaker sex (although to a lesser extent than in the past) and large regional disparities are apparent in their situations: rural women face more challenges than their urban counterparts. Women appear to be over-represented among the country’s poor, discrimination in the labour market has become more apparent and the political participation of women remains low. In addition, families show a strong preference for male offspring.
Family relations in China are governed by the Marriage Law as amended in 2001. The law contains provisions on marriage, acquisition and disposal of joint property, divorce and custody rights. Overall, women’s rights in the family context are well protected within this legal framework.
The average age of marriage has risen in past decades and early marriages are increasingly uncommon: a 2004 United Nations report estimated that only 1 per cent of Chinese girls between 15 and 19 years of age were married, divorced or widowed. The legal age of marriage is 20 years for women and 22 years for men, and the law stipulates that all marriages should be based on mutual consent. Still, traditions of arranged and patri-local marriages (which require women to move to the village of their husbands) remain common in much of rural China.
Long-running traditions of polygamy and concubinage have been outlawed in mainland China, and have also become less morally acceptable to people. However, rapid economic growth in southern China has prompted a new type of polygamous relationship: married businessmen from Hong Kong and Chinese Taipei, who cross the border regularly, often take a second wife or mistress in mainland China.
In contrast to traditional norms, in which the father held absolute authority in the family, men and women today have the same legal status and are subject to the same rules and regulations. For example, parental authority is granted equally to both parents and both are encouraged to share responsibilities related to the upbringing, health and education of children. China’s one-child policy, introduced in 1979, restricts family size. In the event of divorce, custody of infants is generally given to the mother; with older children, the court makes a custody ruling, taking into account the child’s best interests and the condition of the parents. Women have the same right as men to pass on their nationality to their children.
Traditionally, Chinese women did not have the right to inherit and had no independent sources of income. Under the Inheritance Law, women in modern China are guaranteed equal inheritance rights. However, fieldwork in northern China shows a significant gap between legislation and reality: in many rural households, daughters lose their statutory rights to their brothers.
Women in China have strong legal support for protection of physical integrity, although some issues require further attention. Violence against women has received increased legal attention in recent years. In 2001, amendments to the Marriage Law incorporated provisions that explicitly prohibit domestic violence. In reality, low public awareness of the law limits its effectiveness and spousal abuse remains largely unreported. In a 2004 survey, almost one-third of sampled families acknowledged some experience of domestic violence.
Prostitution and related trafficking put tens of thousands of Chinese women at risk of physical and psychological abuse. New provisions recently introduced in the Criminal Code aim to combat abduction and forced prostitution of women and young girls; however, the wide scope of the problem makes it difficult to implement and enforce these provisions.
According to the literature, female genital mutilation has never been a general practice in China. However, in the past, young girls were subjected to the harmful practice of foot-binding, in which the bones of their feet were broken and bound in cloth to stunt growth. The practice was associated with a perception that small feet were a sign of beauty and would increase a girl’s chances of marrying into a high-status family. In fact, it was very painful and crippling; in many cases, it limited civil liberties by making it virtually impossible for women to leave the house. The practice was outlawed in 1912 but many Chinese women living throughout the 20th century were affected by the damage done in their childhoods.
China has an abnormally high sex ratio in favour of men, indicating that the occurrence of missing women is widespread. Census data show that more than 40 million Chinese women were missing in 2000. This is primarily the result of preference for sons, which leads to female sex-selective abortions, female infanticide or general neglect (including abandonment) of girls in early childhood.
Legal frameworks in China provide women with a high level of ownership rights. Women’s access to land has improved, although current land laws do not define specifically women’s land rights. Rather, understanding of women’s land rights derives from laws on marriage, inheritance and intra-household land transactions. Women in China were given legal access to land only in 1950: subsequently, the Marriage Law gave women the right to land within the household unit and the Agrarian Reform Law granted men and women equal right to land in general. In order to be effective, legal amendments to land laws will need to be socially recognised and properly enforced. Customary practices, which consider sons the natural heirs of land, are still prevalent in much of rural China.
China does not restrict women’s access to property other than land. Marital property (other than land) is governed by the Marriage Law. Following the 2001 amendments, this law allows for separate property but also stipulates that husbands and wives shall have equal right to manage and dispose of property that is owned jointly. In the event of divorce, it is common for women in rural areas to be forced to forfeit both their land and property rights to their husbands.
There are no legal provisions that discriminate against women in terms of access to bank loans (including mortgages and other types of credit). An increasing number of credit institutions and organisations target women clients: some by helping unemployed women start their own businesses, others by providing benefits to women farmers.
Supported by relevant legal frameworks, civil liberties of Chinese women have improved in recent decades. The literature does not report any legal restrictions associated with freedom of movement and freedom of dress, although women (and men) belonging to ethnic minorities may choose wear traditional clothing.
Government of China (2001), Marriage Law of the People’s Republic of China, passed at the 21st Session of the Standing Committee of the Ninth National People’s Congress on April 28, 2001.
CEDAW (Committee on the Elimination of Discrimination against Women) (2004), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: China, Combined Fifth and Sixth Periodic Reports of States Parties, CEDAW/C/CHN/5-6, CEDAW, New York, NY.
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