Women in China - Essay Example

Women in China Women in the People’s Republic of China have come a long way since the days when China was a feudal society based on the Confucius doctrine of the pre 1949 revolution age. Confucianism placed women at a lower level in the society as compared to men and the society placed spatial prohibitions, segregations, seclusions and the binding of the feet on the female gender, requiring that they bow before the wishes of the men in their household. The revolution of 1949 finally brought to power a regime that has slowly but surely transformed the Chinese society, while working against great odds including an enormous population in a vastly spread out country which had limited resources to look after its people. Women in China have increasingly played a role that has been equal to men. They have found a new place in the society, working with men at all levels from the farm to industry, academia and government. The laws of the present day China have granted equality to women with men in all spheres of life, while recognizing that they have certain differences. Women are considered to be equal to men in rights as well as obligations to the society, have equal entitlements with regard to work, education, ownership of property and the right to form a family. The reality of women in China is certainly getting better and although at present, despite there being no legal impediments to equality, women still trail behind the men in China. Family planning and birth control policies of the state in China which have been put into place in response to the huge population pressure have been a source of controversy and irritation despite the achievements, requiring women to undergo forced abortions and sterilizations. This essay takes a look at the position of women in present day China. Contents Introduction 4 The Status of Women in the Present Day People’s Republic of China 6 Laws of the People’s Republic of China in regard to Women 9 Organizations within and Beyond China Striving to Improve the Position of Women in China 15 Conclusion 17 References / Bibliography 19 Introduction China is a country with unique culture, traditions and a communist as well as a feudal past which has attempted to modernize itself relatively quickly in a short span of time, achieving considerable success with these efforts. Its huge population has always presented problems at the national level and has meant that the government has had to adopt some controversial measures to keep in check these pressures. The government of China has, however, attempted to enhance the status of women and grant them a level of equality with men in the society. The revolution of 1949 meant that equality for women in China was considered to be legitimate and in line with the aims of the new government. Women comprise approximately 49% of the total population of China and are represented in the government, business as well as the professions, playing their role in all facets of the society, although even today their representation is lower then that of men and some gender based inequalities still remain. 1 2 3 Women in China too have had to fight the outmoded conventions and customs, handed down from history and culture which had placed them below men in the society, with a notion that their place was at home. Despite the progress, there is still a long road of struggle ahead and government policies while stressing gender equality also stress that there is a “natural” difference between men and women. Even though the old practices of foot binding which were used so that Chinese women could walk like swans have disappeared, boys are preferred over girls as offspring and with the advent of medical science resulting in an ability to recognize a child’s sex prior to its birth through ultrasound scanning, abortion has been reportedly used as a means to ensure the birth of males. 4 This practice has, however, been outlawed in China. Apart from societal preferences for males, the government’s family planning policies of forced abortions have received much attention internationally. 5 Laws for the protection of women and children exist in all societies of the world and such laws also exist in the People’s Republic of China. 6 There are laws in China to protect minors, the rights and interests of women, for marriage and the protection of maternal and infant healthcare. Laws also exist for adoption, the prevention of juvenile delinquency, population and family planning as well as on compulsory education to eradicate illiteracy. Chapter II of the Constitution of the People’s Republic of China pertaining to the fundamental rights and duties of citizens present Article 46 which is in relation to the right and duty of citizens to receive education, Article 48 grants women equal rights with men and Article 49, Chapter II of the Constitution of the People’s Republic of China extends State protection to marriage, the family, mother and child. Violation of the freedom of marriage as well as the mistreatment of the elderly, women and children is also prohibited. The All China Women’s Federation or the ACWF has noted that the state policy of equality of women with men is a long term task which will require more effort, publicity, promotion and education. 7 8 9 Despite the difficulties and the debates, gradual progress in the field of human rights in China is taking place, aided by international agencies such as the United Nations, national as well as international human rights groups such as the Human Rights in China, Asia Watch, Human Rights Watch, Amnesty International and the Dui Hua Foundation and other women organizations. Dialogue with the West at the State and NGO level, training opportunities for scholars and professionals in the West, the ability of Chinese citizens to interact more with the rest of the world and consider new ideas as well as a general sense of openness coupled with the investments in the People’s Republic of China by Western Companies have also assisted in this regard. 10 11 12 In this essay, an attempt has been made to take a look at the situation of women in the present day People’s Republic of China by considering the perspectives presented in reports by international organizations such as the Asian Development Bank, agencies of the United Nations, reputed human rights organizations, the presentations by the government of the People’s Republic of China as well as reports from non – governmental organizations, women’s organizations and the press. The Status of Women in the Present Day People’s Republic of China The government of the People’s Republic of China has done an excellent job of educating its masses and about 80 % of the adult female population is literate. Infant mortality rate has been very much reduced, however, one wonders if the forced abortions which are a part of the State’s family planning policies should be included in the infant mortality figures. Attempts by the state to enhance gender mainstreaming have meant that there were 12.69 % female deputies in the ninth NPC, with nearly 9% representation in the leading bodies of the provinces. 13 Women are an important part of the workforce in China, making up about 46% of the total workforce. The proportion of women in the technical and professional cadres has been increasing steadily over the years and stood at about 41 % of the total. The achievements of women at the highest levels of science and technology, however, have been relatively limited with about 6.7 % of the total members of the Chinese Academy of Sciences being women. 14 About 5.5 % of the members of the Chinese Academy of Engineering were also women. The Human Development Report in 1997 remarked in the context of feminization of poverty that “China has made enormous progress in gender equality" vis-à-vis other developing countries. 15 The mortality rate of infants under the age of five has steadily declined as a result of a greater state emphasis on health care for the mother and the child. The rate declined to 39.7 % in 2000, from 61.03 % in 1991. This is a situation which is better then that which exists in India and should also result in a desire to have lesser pregnancies in a household, although considerations associated with the state birth control policies should also have an impact on the number of pregnancies. 16 17 It is in the rural areas where most of the population of China lives, although urban population centers present a much higher density of population. The contribution of women in the farming sector in the rural areas is very significant and it is in fact more then that of men, with 76 % of the female workers in the rural areas working in the farming sector as compared to 69 % of the male workers. The next largest employer of women in the rural areas is the industrial sector with industries including electronic manufacturing, food and allied products, toy making, clothing, knit wear, traditional handicrafts etc. It is in the rural areas that the government has put up a real effort to enhance the literacy rate of women, but despite these efforts, women are still more economically deprived then men. Most of the social dropouts were women, with their proportion exceeding 80 % of the total and a wage gap exists between the earnings of men and women, even though state policies require the same wages to be paid to both men and women. The wag gap was attributed to “the current differences in cultural and professional composition” of the workforce. Women earned 81 % of the wages of men in the rural areas and about 71 % as a national average in 1990. The situation must have improved since the 1990 survey figures. 18 19 Despite the notions of the equality of the gender, women suffered from a higher rate of unemployment as compared to men. Some firms refused to hire women because they may be required to be granted maternity leave. Women have also been encouraged to retire early as compared to men, at an age of forty five. However, it is very likely that the situation will improve as China continues to absorb greater levels of international investments, with many multinational companies now operating in China after having invested in the country. Women have also been encouraged by the state to try and shift their employment to the tertiary sector of the economic activity so that they can reap the advantages associated with their physical characteristics and feminine uniqueness. It can, therefore, be said that the government of the People’s Republic of China has certainly made a sincere effort to improve the lot of women in a society which used to be traditionally very patriarchal. It has to be realized, however, that the process of changing the mentality of individuals takes considerable time as well as effort and China has also had to face great challenges as a result of overpopulation and the vastness of the country which has made the task of administration difficult. 20 21 In the next section, the laws which have been enacted in China to protect the rights of women in the society are examined. Laws of the People’s Republic of China in regard to Women Apart from the provisions relating to the fundamental rights and duties of the citizens which have been mentioned in chapter II of the Constitution of the Peoples Republic of China, the relevant laws of China which have an impact on women include Law of the Peoples Republic of China on the Protection of the Rights and Interests of Women (1992), Marriage Law of the Peoples Republic of China (2001), Law of the Peoples Republic of China on the Protection of Minors (1991), Law of the Peoples Republic of China on Prevention of Juvenile Delinquency (1999) and the Law of the Peoples Republic of China on Maternal and Infant Health Care (1994). Other laws which have an impact on the status of women in the Chinese society include Law of Succession of the Peoples Republic of China (1985), Labor Law of the Peoples Republic of China (1994), Adoption Law of the Peoples Republic of China (1998), Compulsory Education Law of the Peoples Republic of China (1986), Trade Union Law of the Peoples Republic of China (2001) and the most notorious Population and Family Planning Law of the Peoples Republic of China (2001). 22 The Law of the Peoples Republic of China on the Protection of Rights and Interests of Women, which was proclaimed in 1992 grants equal rights to women and men in all respects, encouraging women to “cultivate a sense of self-respect, self-confidence, self-reliance and self-strengthening, and to safeguard their own lawful rights and interests by utilizing law”. 23 This law also requires women to “abide by the laws of the state, respect social morality and perform their obligations prescribed by law”. The rights which are considered to be equal to that of men include political rights, rights to conduct state affairs, manage economic and cultural undertakings and administer social affairs, hold public office and to vote as well as having cultural and educational rights, rights relating to work, rights relating to property, rights related to marriage and the family together with equal rights related to property. The State is even required to protect a divorced women’s property and prostitution has been prohibited along with the abduction, trafficking and the kidnapping of women as well as any public portrayal of a woman without her consent. Women also enjoy the protection of the State from any attacks on their reputation or personal dignity. However, a woman is required to comply with the family planning laws of the People’s Republic of China which require couples to have one child or apply to have another child if the first child is a female child. The birth control policies of the State in China also permit couples in urban areas who are the products of single child families to have two children. State policies in ethnic minority areas are more flexible and the local governments can establish its own policies according to the local conditions. Adherence to the State family planning policies is strictly required and a termination of pregnancy through abortion will result for couples who are having a second child without the appropriate permission. 24 25 The forced termination of pregnancy in order to comply with the family planning policies of the State in China is exceedingly repugnant to followers of all monotheist faiths around the world who wonder if the situation in China is really so bad that there is a requirement to adopt such strict policies? It has been estimated and reported by China that after 30 years of efforts, about 300 million births have been prevented in the country This figure will indicate that apart from the preventive family planning practices, a lot of living fetuses will have been killed as a result of abortion, which according to some philosophies constitutes a lot of living human beings who have been slaughtered. 26 However, it has to be remembered that with an arable land area of 5,369,000 square kilometers, a population of 1,237 million and a population density of 129 individuals per square kilometer, there are really a lot of people and perhaps an emergency is in order to try and reduce the number of Chinese people in half over one generation, which is what the government of China’s family planning policies are all about. 27 As has been explained in Article 2 of Population and Family Planning Law of the Peoples Republic of China, the country is a populace country and family planning is a fundamental state policy. 28 The primary emphasis on family planning in the People’s Republic of China is through the use of contraceptives. However, because the state has clearly mentioned that it intends to implement the so called “one child law” by using all governmental, as well as social institutions at its disposal including the neighborhood watch, any second pregnancy is certain to be terminated as a result of the intervention of the state. Such a hard line policy, which may very well be necessary, has also resulted in individuals or couples trying to escape from China in order to enjoy an unregulated right to reproduction. However, the opinion of the courts in the United States of America has been that those who are escaping from the family planning laws of the People’s Republic of China cannot be classified as refugees because they are not fleeing from a well founded fear of persecution as a result of their political opinions. Hence, despite condemnation in the West, the Chinese policies and laws in regard to family planning have met with a certain level of understanding. 29 The implementation of such coercive policies of forced abortions on mothers with six months advanced pregnancies amongst the non – communist minorities such as the Muslim Uyghur people of East Turkistan has angered the population whose religious beliefs do not subscribe to permitting abortions. Furthermore, it has also been reported that forced abortions have been conducted in a manner which has led to the deaths of many mothers as well as their children. The People’s Republic of China has also been known to have conducted persecution arising out of the religious activities of its population, sentencing individuals belonging to ethnic minorities such as the Muslims in East Turkistan to jail terms of two years or longer for taking part in these religious activities. Not only does the state in China decide the number of children which a couple can have, but the state also decides when the couple can commence their pregnancy to have children. It has been reported in the United Nations documents that pregnancies occurring earlier then the date decided upon by the state have also been terminated and those who are no longer considered to have the right to have children are encouraged to get sterilized. 30 Mobile sterilization and abortion teams are sent out into the population to forcibly conduct abortions and sterilizations, despite the insistence by the state that the family planning programs in the People’s Republic of China are voluntary. Muslim individuals who have shown an inclination to pursue their religion through activities such as the wearing of a veil have also been considered to be unsuitable for a socialist state and have been forcibly sterilized in prisons so that they cannot have any children whatsoever. It is further a matter for concern that the social conditioning of the state workers in China has been conducted in such a manner that those who want to have children outside of the state permissions are considered to be criminals, meted out inhuman treatment without any sympathy and the dignity of their human person being violated by the state. Much more sympathy could have been shown by the state to individuals who have had to suffer from the loss of their child, indignity to their human person and grief as a result of the treatment that has been meted out to them. There have also been assertions that the state in China has been specially directing its abortion and sterilization policies towards the ethnic minorities. Members of the Church in China have been sentenced to deaths and torture. Sexual abuse of Christian women by the state police, their torture as well as sending off people to force labor camps in large numbers without trial have also been noted by United Nations Special Rapporteur. 31 The use of torture resulting in death in prison, racism and racial discrimination, forced demolition of homes belonging to political activists, transgressions on the freedom of religion or beliefs of individuals, suppression of the freedom of opinion and expression, extrajudicial as well as summary or arbitrary executions and disappearances have all been reported from the People’s Republic of China. It is difficult to say if such reports are indeed true or an organized trick by the very enterprising Chinese to gain global sympathy in order to win resettlements of a large numbers of peoples in Western countries such as the United States of America and Australia. This is what had occurred after the Tiananmen Square massacre. Despite the negative assertions presented against the People’s Republic of China with regard to human rights, it should also be noted that the state in China has also granted encouragements, concessions and inducements to those who comply with the family planning laws of the land. Job protection, financial incentives, extended holidays as well as certificates of merit have been mentioned as encouragement for couples who voluntarily bear only one child during their lifetime. 32 It must, however, be said that the women in China have come a long way in their development from what they used to have prior to the communist revolution of 1949, when they lived in a society that had been molded by the Confucian philosophy which advocated that women were secondary to men and had to bow to the wishes of men in their household, with spatial prohibitions, segregations, seclusions and the binding of the feet being imposed on them. 33 In conclusion, however, it has to be said that the government of the People’s Republic of China has indeed made a superior effort to better the lot of its people considering the resource problems, population pressures and the problems associated with changing the mental outlook of many millions of people away from their traditional value systems to a more modern approach. At least the government functions, the laws are not mere writings on pieces of paper, the problems of the people are considered and strategies for improvement devised with a view towards dignified self reliance. This is in sharp contrast to the situation which exists in so many developing countries around China in Asia where the military dictators come into power to thrive on public wealth, the law is a joke for making money for its corrupt implementers and its application is entirely influenced by the contacts in government departments. Government bureaucracies are institutions for paying salaries to supporters of the state where nothing ever gets done and the whole nation begs at the tiniest opportunity to try and better its economic lot through aid acquired from other countries, defiling its so called religious values for economic opportunities. 34 In the next section, an attempt is made to take a look at various women’s organizations and human rights group which are trying to contribute towards making the lot of women better in the Chinese society. Organizations Within and Beyond China Striving to Improve the Position of Women in China The most influential and by far the largest women’s organization in China is the All – China Women’s Federation which is in fact an outgrowth of the state. This organization was formed after the 1949 revolution. This organization attempts to coordinate the activities of the very many local women’s organizations across the vast land and presents a coordinated stance on issues after considering opinions from around the country. The organization grew out of the political organization of women after the revolution and hence, it takes a definite pro-government stance on issues. However, this organization has also developed contacts and has a continuing dialogue with women’s organizations from around the world, making it possible for the leadership of women in China to get the best ideas or opinions from other parts of the world, along with presenting the opinions of the women of China. 35 Women’s non - governmental organizations within China include a large number of organizations which bring together women professionals such as those involved in medicine, law, business, science and technology and government etc. Businesswomen and women entrepreneurs, women involved in hobbies such as photography, women who have had experiences of foreign lands and women involved in religion etc. 36 Chinese women’s groups which have been established in several other countries around the world also attempt to assist with the concerns of women in China and an example of such an organization is the Hong Kong based Chinese Working Women Network which attempts to concentrate on issues of interest to the working women of China and Hong Kong, which is a special administrative region. Efforts have also made by women to bring themselves together over the new electronic communication medium, the internet, with useful websites related to women’s interests. Some Chinese women’s web efforts include Gender Watch China www.genderwatchina.org, Rural Women www.nongjianv.org, Woman Legal Aid www.woman-legalaid.org.cn and Maple www.maple.org.cn amongst others. 37 38 As has been previously mentioned, human rights in China are monitored by organizations such as Human Rights in China, the Dui – Hua Foundation, Human Rights Watch, Amnesty International, China Watch etc. These organizations are, however, more interested in the human rights situations in countries and their mandates extend beyond concerns for women only. 39 40 41 It can, therefore, be concluded that women are increasingly interacting better within China and also with the rest of the world and are increasingly becoming freer to pursue their interests as long as they do not go against state policies, which are after all adopted after consideration of their political opinions along with those of the male population of China. Constant dialogue, exchange of ideas, soul searching, inquiry and an honest desire to come to the right conclusions is likely to continue transform the society in China. Conclusion The concept of civil society in China is a relatively new concept since the revolution of 1949. 42 The older generation considered the Chinese revolution and the party to be the most important issue in their lives. However, the new generation is asking for affluence and happiness, social security and guarantee, autonomy and freedom, equality and justice and democratic participation. The Chinese society is indeed gradually changing despite the major problems and difficulties. Women are also undergoing a transformation and are being encouraged by the state to change. However, the state also has to face the very difficult task of reducing the population of China to more manageable levels and to continue to provide for the economic prosperity of the Chinese. The new generation and the world at large should understand that it is the Chinese state which after the 1949 revolution has managed to bring about the positive changes in the lives of its people while working against great odds. Hence, the government of China must be congratulated for a job which has been well done, despite the criticism. References / Bibliography 1. Adell, April. “Fear of Persecution for Opposition to Violations of the International Human Right to Found a Family as a Legal Entitlement for Asylum for Chinese Refugees”. Hofstra Law Review. Vol 24; 789. 2000. November 6, 2005. http://www.law-lib.utoronto.ca/Diana/fulltext/adel.pdf 2. All China Women’s Federation, ACWF. “About ACWF”. All China Women’s Federation. 2005. November 4, 2005. http://www.women.org.cn/english/english/aboutacwf/mulu.htm 3. All China Women’s Federation, ACWF. “Compilation of Laws Relating to Women and Children”. All China Women’s Federation. 2005. 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United Nations Human Rights Commission. “Thematic Reports: China”. United Nations Human Rights Commission. 2002. November 4, 2005. http://www.hri.ca/fortherecord2002/engtext/vol3eng/chinatr.htm 24. WWW Virtual Library. “Human Rights and Humanitarian Affairs”. WWW Virtual Library. 2005. November 4, 2005. http://www2.etown.edu/vl/humrts.html 25. Yizhu, Wang. “Civil Society in China: Concept and Reality”. Japan Center for International Exchange. 2000. November 4, 2005. http://www.iwep.org.cn/chinese/gerenzhuye/wangyizhou/wenzhang/civil%20society.pdf Read More