Fighting Domestic Violence

China

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2. Introduction: framework guiding domestic violence law
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2. Introduction: framework guiding domestic violence law Start Comparison
2.1 Are there civil and criminal legal remedies for domestic violence victims?

Yes, victims of domestic violence can apply for civil remedies, administrative remedies and criminal remedies.

  • Civil remedies: Victims of domestic violence and their legal representatives can take the following measures of civil remedies:
    1. complain, reflect or seek help from the perpetrator's or the victim's unit, residents' committee, villagers' committee, women's federation and other units[19]
    2. complain to women's organizations[20]
    3. apply to the people's courts for a personal security protection order[21]
    4. receive appropriate care in the division of property[22]
    5. request compensation for damages and for mental distress[23]
    6. request assistance from women's organizations[24]
  • Administrative remedies: This mainly includes administrative penalties such as a warning and/or detention for the perpetrator.[25]
  • Criminal remedies: If the act of the aggressor constitutes a crime, criminal responsibility will be prosecuted according to the law.[26]
2.2 Is domestic violence identified in national law as a human right (noting that at a European level protection from domestic violence has not been explicitly identified as a human right but is indirectly captured by the other provisions)?

In the PRC's legal framework, no law explicitly states that women's rights and interests related to domestic violence are a fundamental human right. However, Chapter 2 of the Constitution Law, "Fundamental Rights and Duties of Citizens," clearly prohibits undermining the freedom of marriage or abusing older people, women and children.[27] Moreover, President Xi Jinping stated in his speech at the Global Women's Summit at the United Nations Headquarters in New York in September 2015 that "women's rights and interests are fundamental human rights."[28] In addition, the National Human Rights Action Plan (2016-2020) released by the State Council on 29 September 2019 clearly states that the state will implement the Anti-Domestic Violence Law; improve the multi-sectoral cooperation mechanism for preventing and stopping domestic violence, as well as the integrated working mechanism of prevention, stopping and rescue; encourage and support social organizations to participate in anti-domestic violence work; and prevent and stop sexual harassment against women.[29]

In short, although domestic abuse (or protection from it) is not specifically identified under national law as a human right, the Constitution of the PRC defines women's rights and interests as a fundamental right of citizens, which is also emphasized by the PRC government.

2.3 Has your country signed and ratified the Council of Europe's Istanbul Convention (2011) preventing and combating violence against women and domestic violence (CETS No. 210)?
No, the PRC has not yet signed or ratified the convention.
2.4 If it has ratified the Istanbul Convention, how has this convention been implemented into national law?
N/A
2.5 If it has not ratified or signed the Istanbul Convention, is it envisaged that your country will do so?

Up to 2021, there have been no official reports or news regarding the PRC's plan to accede to the Istanbul Convention. However, the PRC attaches importance to the protection of women's rights and interests. It has issued the Anti-Domestic Violence Law and its implementing regulations, and proactively promoted the reforms of family trials to protect women's rights and interests in a timely manner to the greatest extent. Therefore, while the PRC is not a party to the convention, the PRC has taken steps to, will fully support and will actively participate in the worldwide women's rights protection campaign.

2.6 If it has ratified the 1979 Convention, how has the recommendations part of General Comment No. 35 been implemented into national law?

The PRC decided at the 16th Meeting of the Standing Committee of the Fifth National People's Congress on 29 September 1980 to ratify the United Nations Convention on the Elimination of All Forms of Discrimination Against Women. At the same time, the PRC confirmed the declaration made by Kang Keqing upon signing the convention that the PRC does not consider itself bound by Article 29(1) of the convention.[30]

The government's commitment to combating violence against women is fully reflected in the State Council's 2011 Program for the Development of Chinese Women (2011-2020),[31] the third National Human Rights Action Plan (2016-2020) released in 2016[32] and the China Country Program for the Implementation of the 2030 Agenda for Sustainable Development announced by Premier Li Keqiang at the United Nations Headquarters in New York in September 2016,[33] as detailed below:

  1. implementing the Anti-Domestic Violence Law; improving the multi-sectoral cooperation mechanism; and encouraging and supporting the participation of social organizations in anti-domestic violence work
  2. eliminating all forms of discrimination and prejudice against women and girls
  3. preventing and stopping all forms of violence against women and girls
  4. preventing and combating sexual harassment and all forms of sexual assault
2.7 If the 1979 Convention has not been ratified or signed, is it envisaged that your country will do so?
N/A
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