The June session of the Standing Committee of the National People's Congress deliberated on a draft amendment of the Law on the Protection of the Rights and Interests of Women. The draft amendment stipulated against the sexual harassment of women and said employers should take measures to prevent sexual harassment in the work place. If approved, this will be the first legislation to determine the illegality of sexual harassment in China.

More efforts ahead

An article by Chen Jieren in the Nanfang Daily says that the legislation is just a first step and more needs to be done.

It is the public's wish to curb sexual harassment. And the amendment on sexual harassment, if passed, will signify a legislative improvement in China. However this is only a first step.

The author lists in his article three aspects where he believes further improvements are needed.

First, it is necessary to note that men, as well as women, can become targets of sexual harassment.

Second, the amended stipulation in the Law on the Protection of the Rights and Interest of Women is not adequate. While civil laws should clarify citizens' sexual rights and a mechanism to guarantee such rights, the Criminal Law should state the criminal nature of serious sexual harassment. Meanwhile, administrative laws should stipulate punishment mechanisms concerning minor sexual harassment, and special rules on evidence collection and litigation procedure in sexual harassment cases should also be stated in procedural laws.

Third, a compensation mechanism related to sexual harassment should be in place.

Unequal rights of men

and women

An article by Qiao Xinsheng in the Shanghai-based Oriental Morning Post says that the proposed amendment fully reflects the legislature's sympathy and understanding for the victims of sexual harassment, but cautions against the emergence of new social issues if too much stress is laid on the protection of women's rights and interests.

The issue of sexual harassment has demonstrated an imbalance in our society. At a time when there are intricate standards for judging social values, a blind introduction of the term "sexual harassment" and an over-emphasis on the protection of women's rights and interests can give rise to quite a number of social problems. We could be missing the complete picture if we only focus on men's sexual harassment of women.

In fact, in the process against sexual harassment, many countries have advocated equality between the two genders, in addition to clearly stipulating the obligations of employers. There is no way to prevent sexual harassment if law-makers believe that only the personal rights of women need to be protected.

In addition, economic development and improvement in social morals are also important to curb sexual harassment. It is hard to imagine how privacy can be protected if an extended family lives under one small roof. Neither is it possible that the laws on sexual harassment can be enforced in a demoralized society.

Lawmakers have to bear in mind our complicated society when tackling issues like sexual harassment. Laws made to protect only women's rights and interests but ignoring those of the other gender can only worsen social relations.