Ancillary 9

My issue is gender inequality in China and I am specifically interested in exploring how the law in China exacerbates that problem. The hegemonic patriarchal order reasserts itself in legal and institutional form, and the general public is showing their discontent on social media. Two recent controversial policies are the third-child policy and the 30-day cooling period after divorce. From the one-child policy to the third-child policy, I believe the government is taking away women’s freedom to bear children, merely changing the policies for the sake of population growth. To some degree, women are more likely to be seen as birth machines, encouraged to bear more children and inevitably give up work. The 30-day cooling period has stirred controversy because the law constrains women from divorcing and leaves those who suffer domestic abuse in danger.

I am interested in this issue because I have often heard about gender discrimination in the workplace in regards to women’s ability to work and pregnancy leave and the gender gap in education; however, I have not considered gender inequality from a legal perspective. I am interested in how and why the rule of law in China discriminates against women. Is it purposeful conduct designed by the government? Or is it simply outdated laws and policies that come from the traditional values of Chinese society? For background context, according to the World Economic Forum, China’s ranking for gender equality has dropped significantly since Xi became the president, from 69th to 107th place. Can the government be a source of help when it comes to revising marriage and family laws or is it the creator of the problem?

To dive deeper into this problem, I need to scrutinize the specific laws that are biased toward women, examine who and why they were proposed and passed, and what kind of actions can activists and feminists do to alleviate the problem. To support my claim, I need to research specific anecdotes of how women have been negatively affected by gender-biased laws and policies. Inspired by Jackie Cornejo’s talk, I need to figure out what the general public wants and differentiate that from the goals of feminist organizations.