(Adopted by the 16th Session of the Standing Committee of the Fifth People's Congress of Shenzhen Municipality on June 28, 2012, and amended according to the Decision on Amending 27 Administrative Regulations including Regulations of Shenzhen Special Economic Zone on Medical Treatment by the 33rd Session of the Standing Committee of the Sixth People's Congress of Shenzhen Municipality on April 24th, 2019)
Article 1 In order to implement the basic nation policy of equality between men and women and to promote gender equality, in accordance with the basic principles of laws and administrative regulations and in light of the actual circumstances of Shenzhen Special Economic Zone (hereinafter referred to as the Special Zone), these Regulations are formulated.
Article 2 These Regulations are applicable to the gender equality promotion in the Special Zone. For the matters not covered herein, relevant laws and regulations shall apply.
Article 3 Gender equality defined herein refers to, based on respect for biological differences, equality of men and women in dignity and value, as well as in opportunities, rights and responsibilities.
Article 4 Government organs, enterprises and public institutions, social organizations and other organizations shall take necessary measures to eliminate gender discrimination, attachequal importance to men and women, and guarantee equal opportunities, resources and development for both men and women.
Article 5 Gender discrimination defined in these Regulations refers to anydifferential treatment, exclusion or restriction on the basis of sexual distinction, the purpose or consequence of which directly or indirectly affects and violates the equality of rights and interests between men and women. However, the following situations do not constitute gender discrimination:
(1) Temporary special measures adopted in order to accelerate the achievement of de facto equality between men and women;
(2) Special measures adopted for the protection of women based on biological reasons or on pregnancy, childbirth andchild rearing ;
(3) Other situations as stipulated by laws and regulations.
Article 6. The implementation of these Regulations shall be organized by the municipal gender equality promotion agency. The specific matters related to organizational establishment shall be determined separately by the Shenzhen municipal organizational establishment department.
Education department, civil affairs department, human resources and social security department, culture, radio, television, tourism and sports department, healthcare security department of Shenzhen Municipality and others shall respectively designate a specialized agency or establish a coordination mechanism for promoting gender equality, studying gender equality issues and organizing specific work related to internal gender equality promotion.
Article 7 Municipal gender equality promotion agency shall perform the following duties:
(1) Conducting regular monitoring and evaluation of the work of gender equality in the whole municipality, and issuing monitoring and evaluation reports;
(2) Coordinating relevant departments to implement social gender budgets, social gender audits and social gender statistics;
(3) Carrying out social gender analysis of municipal regulations, rules and regulatory documents relating to gender equality, or guiding relevant units to carry out analysis.
(4) Drafting policies to eliminate gender discrimination;
(5) Accepting and handling complaints by rules;
(6) Other duties prescribed by laws and regulations.
Article 8 When the Municipal People's Government is drawing up the national economic and social development plan, it shall clearly define the goals and strategies for promoting gender equality.
Municipal gender equality promotion agency may organize and draw up municipal gender equality development special plans which can be issued and implemented upon approval by the municipal people's government.
Article 9 If the municipal draft rules and regulations on labor employment, social security, health care, cultural education, planning and construction, civil welfare, organizational personnel, marriage and family, etc. involve the content of gender equality, the drafting unit shall consult the municipal gender equality promotion agency. The municipal gender equality promotion agency shall conduct research and analysis on the impact of the draft rules and regulations on the promotion of gender equality and issue a gender impact analysis report.
The drafting units shall respond in writing to the municipal gender equality promotion agency on the adoption of the gender impact analysis report.
When the municipaljudicial administrative departments reviews the regulatory documents of various municipal departments, it may refer the documents to the municipal gender equality promotion agency for gender impact analysis and a gender impact analysis report.
Article 10 After the municipal regulations, rules and regulatory documents have been implemented, the municipal gender equality promotion agency may organize an evaluation of their impacts on the promotion of gender equality.
If the evaluation identifies problems, the municipal gender equality promotion agency shall put forward suggestions for revision to the relevant departments.
Article 11 Gender impact analysis and evaluation shall include the following main aspects:
(1) Equal benefits for men and women while taking into account the special needs of a particular gender;
(2) Adverse differentiated treatment, restriction or exclusion on a particular gender;
(3) Direct or indirect measures that can be taken to promote the elimination of gender discrimination;
(4) Other content that the municipal gender equality promotion agency deems necessary.
Article 12 During the general election of the municipal or district people's congress, recommendation and publicity workfor the women deputy candidates shall be properly conducted.
In deputies to the municipal or district people's congress, there shall be an appropriate number of women deputies, and the proportion of women deputies shall be gradually increased.
Article 13 When the municipal or district people's government and relevant departments provide public services or establish public service facilities such as baby care rooms in public places and public toilets, the special needs of women shall be taken into account.
If the municipal gender equality promotion agency considers that public services or public service facilities do not take into account women's special needs, it may put forward suggestions for improvement to the relevant units. The relevant units shall provide a written response.
Article 14 The municipal education department shall establish a gender evaluation mechanism for educational content and teaching methods, promote gender equality in aspects such as teaching environment, teaching methods and teaching content, and eliminate gender discrimination in the field of education.
Article 15 Industrial gender balance system shall be established.
Municipal gender equality promotion agency shall join with the municipal human resources and social security department and regularly issue industrial gender ratio balance guidelines, and promote substantive equality between men and women.
Article 16 When employers recruit and employ personnel, unless otherwise stipulated by national law, they shall not set gender requirements to refuse to admit a particular gender or raise the admission standard for a particular gender on the grounds of gender, marital status or fertility circumstances. However, priority or preferential treatment given to a particular gender in accordance with the gender ratio balance guidelines and the provisions of relevant laws and regulations shall beaccepted.
Any employer which contravenes the preceding provision shall be ordered by the municipal human resources and social security department to make corrections within a time limit; any employer which refuses to make corrections within the time limit shall be subject to a fine of no less than 3,000 yuan and no more than 30,000 yuan.
Article 17 A gender budget system shall be established and implemented.
Municipal gender equality promotion agency shall join with municipal finance department to formulate and issue gender budget guidelines, and instruct each budget unit to carry out the gender budgeting.
Article 18 Each municipal or district budget unit shall, in accordance with the gender budget guidelines, give full consideration to the goals and methods of its annual promotion of gender equality, and make appropriate budgetary arrangements.
Article 19 Municipal Audit department and each district authority shall audit the budget performance of each budget unit's annual promotion of gender equality and issue an audit opinion; for any problem identified in the audit, they shall put forward suggestions for handling and improvement, and urge the relevant unit to make corrections.
Article 20 A gender statistics system shall be established and improved.
Municipal statistics department shall join with municipal gender equality promotion agency to establish a gender statistics reporting system.
Municipal statistics department shall join with municipal gender equality promotion agency to issue an annual gender statistics report.
Article 21 The press, radio, television and other media shall actively publicize laws, regulations and policies on gender equality.
Advertisements shall not contain any gender discrimination content.
Advertising supervisory authorities shall impose penalties on advertisers, advertising operators and advertising publishers who publish contents containing gender discrimination in accordance with the relevant provisions ofAdvertisement Law of the People's Republic of China.
If advertising examining authorities make examination and approval decisions on advertisements containing gender discrimination contents, thepersons directly in charge and other persons responsible shall be subject to a penalty in accordance with law.
Article 22 Municipal gender equality promotion agency shall regularly issue anti-sexual harassment guidelines, instruct government agencies, enterprises and public institutions, social organizations and other organizations to prevent and stop sexual harassment.
Article 23 Employers shall take measures to prevent and stop sexual harassment, and educate staff on anti-sexual harassment.
For those who, against others' will,take advantage of their position, employment or other privileges for the purpose of committing sexual harassment, through the explicit or implicit use of sexual contents or sexual-related behavior, language, text, image, electronic information, etc. as a benefit exchange condition for recruitment, promotion, remuneration, rewards to commit sexual harassment, employers shall stop and intervene in such situation in a timely manner. Staff can also lodge complaints and report to the relevant units, and the relevant units shall take timely measures to take disciplinary action against offenders.
Article 24 Violence against family members shall be prohibited.
For ongoing domestic violence, the public security organ shall, after receiving a police report, dispatch the police in time to stop the violence and deal with it in accordance with law.
Victims of domestic violence may, in accordance with the relevant provisions, apply to the people's court for a personal security protection ruling, which shall be enforced with the assistance of the public security organ.
Article 25 Victims of domestic violence may apply to public security organ, civil affairs department, women's federation, gender equality promotion agency and other units for temporary asylum.
Municipal gender equality promotion agency shall, as needed, join with municipal public security organ, municipal civil affairs department, municipal bureau of justice, municipal healthcare security department, municipal women's federation and other units to establish a work coordination mechanism, and provide victims in asylum with legal aid, medical treatment, psychological counseling and other services.
Article 26 If government agencies, enterprises and public institutions, social organizations and other organizations fail to fulfill their duties herein, the municipal gender equality promotion agency may propose rectification suggestions; for those refusing to make corrections, the municipal gender equality promotion agency may inform the public of the performance of the relevant units.
Article 27 If any unit which has applied for or has obtained the honorary title granted by the municipal or district people's government violates the provisions herein and the circumstances are of a serious nature, the municipal gender equality promotion agency may request the competent authorities to reject the application or revoke its honorary title.
Article 28 If there is a dispute on whether gender discrimination is constituted, the person concerned may apply to the municipal gender equality promotion agency, and the municipal gender equality promotion agency shall issue opinions on whether gender discrimination is constituted.
Article 29 If the person concerned considers that he or she has suffered from sexual harassment or gender discrimination and that his or her legal rights and interests have been infringed upon, the person concerned may lodge a complaint with the relevant competent authorities, or bring a lawsuit before the people's court in accordance with law. The municipal gender equality promotion agency may assist the person concerned who has suffered from sexual harassment or gender discrimination to bring a lawsuit before the people's court in accordance with law.
If the circumstances of sexual harassment or gender discrimination are of a serious nature and the act constitutes a criminal offense,offender shall be prosecuted.
Article 30 The municipal gender equality promotion agency may join with relevant departments to formulate specific implementation measures in accordance with these Regulations.
The relevant departments shall, within six months from the date of entry into force of these Regulations, formulate specific enforcement standards for the range of fines stipulated herein.
Article 31 These Regulations shall become effective as of January 1st, 2013.
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