Women's Rights in China

Even though China has enacted equitable laws prohibiting discrimination against women, the difference between equality in law and in real life lies with the implementation of those laws.

For instance, domestic violence is now included as grounds for divorce. But in practice, it is difficult to seek civil compensation for domestic violence in the absence of a clear definition of what constitutes such violence. Domestic violence is not broadly defined to cover threats of violence to the woman and/or her family, psychological damage, sexual abuse and rape within marriage.

As Rangita de Silva-de Alwis noted in her 2003 article Why the Rule of Law will Aid Women's Rights, a related question is whether a claim for compensation can be made while the couple is still married.

Women also generally find it difficult to meet the high standards of proof required under criminal law to hold wife-beaters criminally responsible.

"To invoke the relevant laws, a woman have to prove the crime was particularly "evil" and the abuse was "continued and consistent." On the other hand, the crime of "intentional injury" requires forensic authentication."

And even though the law made it clear that during marriage, neither side can transfer property without the consent of the other, many women find it difficult to trace any illegal transfers. - particularly in cases when property is transferred to a third party to stop it from being equally divided.

As Silva de-Alwis observed, Chinese married women are frequently unaware of the full extent of their husband's income or property. "The challenge of proving the ownership or concealment of property is an enormous burden to women in China," she noted.

In conclusion, the author noted that advocacy of women's rights has matured rapidly over the past five years, and the work of some women's legal-aid organizations had been a catalyst for change. But even so, a lot more remains to be done.

"Women's empowerment foreshadows the transformation of a society and is a benchmark of a functioning rule of law. Supporting the work of women's rights groups remains critical to the further strengthening of the rule of law in China."