Figure 1. Wai Tan, Shanghai, China. Source: Unsplash.
Gender discrimination has become a contending issue globally and has posed a threat towards achieving upmost development in all spheres of the society. Every society’s goal is to create a balance amongst all genders, creating an amiable society for everyone’s right to be recognised, creating laws and regulations, and setting up infrastructural mechanisms to this effect.
According to UNICEF, equal rights and opportunities for girls and boys help all children fulfil their full potential. Due to the patriarchal state of society, women face inequalities in China. Examples of such challenges are, limited opportunity for professional growth, restriction of inheriting property, and female genital mutilation. The signing of the Beijing Declaration and Platform for Action (1995), which has been deemed the most comprehensive policy for gender equality, has enabled progress and growth in this regard.
China as a developing state and centre for technological development in the world with a population of 1.3 billion is faced with the issue of enabling an equal stance for all genders in the society. This has stirred up a strong limitation on its development and societal practises. Gender discrimination is an underlying issue in China cutting across all major sectors of the state, such as politics, unpaid care work and education. From a biased gender ratio at birth to low representation of women in leadership positions and involvement in politics, women are at a great disadvantage. In employment, women accounted for just 30 per cent of leadership positions, which is low compared to their male counterparts.
Figure 2. Shanghai, China. Source: Unsplash.
China ranked 106th among 153 countries in the World Economic Forum annual ranking on gender equality last year, which was due to its male dominated political landscape. With regards to education in rural areas, many born in villages are still not equipped and fortunate to finish school as compared to those in urban areas. Feng Yuan, co-founder of Equalit, an NGO for women rights, explained “the fact that there has been no practical policy and measures by the government in addressing the issue of Gender discrimination”[i]. She further enunciated the fact that the government must take centre stage in enabling gender equality in all ramifications.
The constitution of China which is the ground norm, and the primary source of law enunciated the protection of women’s right; Article 48 provides that women in the People’s Republic of China enjoy equal rights with men in all spheres of life, political, economic, cultural, social, and family life. The state protects the rights and interests of women, applies the principle of equal pay for equal work to men and women alike and trains and select cadres from among women.
This is a crucial step made by the government in ensuring that the rights and interests of everyone in the society is highly considered towards achieving a balanced an equal society. Although there are limitations to the implementation of this law such as patriarchy whereby there is a pre-conceived notion that the male gender should always hold power and be in charge and women are largely excluded from being in power or holding high societal positions. This is a major issue in administering the law stipulated in Article 48 of China’s constitution. The adoption of international frameworks and conventions will help in mitigating the effects of the limitation on the society. Example of such international convention is CEDAW (Convention on the elimination of discrimination against women) 1979, often described as an international Bill of Rights for women was set out to equally enable both women and men operate as top players in the society in all sectors of the economy, thus eliminating all forms of restrictions based on sex which can be limiting on the rights and interests of women.
Figure 3. Fenghuang, Xiangxi, China. Source: Unsplash.
The Ilo discrimination convention No.100 (Employment and Occupation) and Iloconvention No.111 (Equal remuneration), are primary conventions set out in addressing the issue of discrimination with regards to employment, occupation, and equal remuneration. It is not far-fetched that women are highly underpaid and not given as much employment opportunities as men in the society due to the notion that their primary duty lies in taking care of their child and household which on the long run is quite archaic and not practical anymore in modern societies. With the existence and adoption of these laws and conventions, the implementation has created a void in achieving gender equality, thereby violating and infringing on the fundamental rights of the citizens of the country.
Reference can out rightly be made to the prominent case of Sun Lili a former banquet assistant at the workers family hotel, a state operated enterprise in Beijing. She was placed under harsh working conditions by her employer even during child birth conditions. She and her husband sued the employer but the court ruled in favour of the employer. She contended the decision on the basis that it was in violation of the 1996 Beijing family planning Regulations. Every effort of Sunand her husband getting legal relief for the harsh conditions posed by her employer were never in her favour. One can evidently point out the fact that women are posed with more vulnerable, harsh working conditions other than their male counterparts in the society. While the constitution and national legislation mandate equal rights for men and women, the implementations of these policies, in practice has proved in effective in securing equal opportunities, employment status for women.
For an effective and an enabling economy, we all must thrive and put in considerable efforts in limiting the issue of discrimination in the society. Reducing inequality strengthens economies and builds stable, resilient societies that give all individuals avenue to fulfil their potentials. Several measures to be taken by the state in eradicating gender discrimination include establishing tribunals and other institutions in ensuring the effective protection of all gender, also to incorporate the principle of equality of men and women in their legal system, abolish all discriminatory laws and adopt appropriate ones.
[i] Feng Yuan, opinions on Gender Discrimination.
Commenti