Social Security and Vulnerable Group in China

Liu Cuixiao

Professor of Institute of Law, CASS

China is a Country with Humanitarianism Tradition

China is a country with a long history for helping the disadvantaged .During the Spring and Autumn Period, famous words were given by Confucius about ‘Great Harmony ’and“well-off” society . Although in ancient China, the ‘Great Harmony’ society was an ideal, in practices measures and actions for helping the disadvantaged by the government and civil societies have been handed down from generation to generation, which made China a country with a long history of humanitarianism tradition. Feudal Ethical Code of Zhou Dynasty provides six policies for assuring the individual lives. They are :(a) to take care of children; (b) to support the elderly; (c) to provide relief to the widowhood; (d) to help the poor; (e) to care the disabled; (f) average tax. Through these, the state aimed to care :“the children, the elderly , the poor, people in poverty, the sicked and the rich ”in order to stabilize social orders and develop the concepts of values such as caring children and supporting the elderly as social morality. In 585,Empiror Sui Wen-ti set up “free grains warehouse”, which was used as resources for distributing grains to victims of natural calamities meanwhile for supporting the disadvantaged for a long time. During the Date Qing Dynasty, many foreign missionaries came to China and they believed that an effective way to do commissioner work was to develop charities. The charities of churches mainly include medical treatment, relief to victims of natural calamities and taking care of orphans. Taking care of orphans is a kind of major activities which inclued development of foundlings, orphanages ,schools for the blind children and schools for deaf-and -dumb children. In the period of the Republic of China, there were many philanthropists such as famous philanthropists Zhang Jian and Xiong Xiling. Zhang Jian set up resthomes, homes for the disabled, schools for the blind-and -dumb ,foundlings and relieved victims of natural calamities. Under his influence, schools for the blind-and-dumb were also developed in Shanghai, Nanjing, Tianjin and Guiyang, etc. Xiong Xiling mainly contributed to relieving victims of natural calamities and establishment of Xiangshan Orphanage. These measures taken by different regimes and civil organizations in the history are manifestations of carrying out policies of benevolence and humanitarianism. The spirit of humanitarianism has been carried on from the very beginning of human beings and deeply rooted in highest civilized lives at the time. Although success and failure of different economic and political systems in any country and rise and decline of a state, nation and civilization, the humanitarianism is unlikely out of date in despite of different manifestations in different historical period. The relief provided by different regimes, charitable institutions, civil organizations and philanthropists during different times are humanitarianism, and the enforcement of “policies of benevolence” by different regimes in the history aimed at promotion of good social moralities and caring forward the practice of aiding the poor.

Historical Development of the Social Security Legal System for the Disadvantaged in China

After the 1940’s, different countries tended to protect rights and interests of the disadvantaged through making laws, which fully reflect humanitarianism. The advanced counties may supply high cash treatment and good service treatment for the disadvantaged by virtue of their advanced economic development, which assure the disadvantaged lead dignified lives. Due to its financial constraints, China is unlikely to supply abundant materials for the disadvantaged. Yet Chinese government and competent authorities have developed social protections of rights and interests of the disadvantaged by making laws suitable for Chinese situations. In addition, they appealed the whole society to concern and support the protection of rights and interests of the disadvantaged and make donation for its development. All these fully reflect socialist humanitarianism.

In 1954,China adopted its first constitution in which articles 45,46,48 clearly provide right to social security of the disadvantaged. The Article 45 provides ‘citizens of the People's Republic of China have the right to material assistance from the state and society when they are old, ill or disabled. The state develops social insurance, social relief and medical and health services that are required for citizens to enjoy this right. The state and society ensure the livelihood of disabled members of the armed forces, provide pensions to the families of martyrs and give preferential treatment to the families of military personnel. The state and society help make arrangements for the work, livelihood and education of the blind, deaf-mutes and other handicapped citizens.’ The Article 46 states ‘Citizens of the People's Republic of China have the duty as well as the right to receive education. The state promotes the all-round development of children and young people, morally, intellectually and physically. The Article 48 states ‘women in the People's Republic of China enjoy equal rights with men in all spheres of life, in political, economic, cultural, social and family life.

The state protects the rights and interests of women.’ China protects the right to social security of the disadvantaged mainly by use of the social insurance principle meanwhile apply the social relief principle. The social relief principle put dignity and values of human beings in first place, which has been recognized by the whole society.

International Covenant on Economic, Social and Culture Rights of the United Nations is an important document for international human rights protection. The Chinese government signed the Covenant in October 1997and the Standing Committals of the National People’s Congress ratified the Covenant in March 2000.This is a great achievement in developing Chinese human rights protection. After ratification of the Covenant, the Chinese government abides by its commitments, seriously carries out its obligations, which have greatly promoted economic, social and culture rights development of Chinese citizens, especially social security development for the disadvantaged in China.

This paper will focus on related issues on the right to social security for women, children and the disabled.

Right to Social Security of Women

The social security of woman mainly include bearing insurance, labor protection, pensions for members of the deceased’s families and five guarantees’ in rural areas.

1. The Bearing Insurance for Woman Employees

The labor Insurance Regulations adopted in 1951 provides clearly for bearing insurance for Woman employees. The Notice for Delivery Leaves for Female Employees by the State Council issued in April 1955 sets forth similar provision for bearing insurance for female employees working in organizations. Main contents of the Regulations and the Notice include: 3% of the total wage shall be retained as labor insurance pension, which includes the bearing insurance pension; the delivery leaves 56 days, during the period the bearing insurance pension is equivalent to her wage which is higher than the figure of 67% of wage set by the International Labor Organization, cost for physical examination of pregnant women and their deliveries shell be born by enterprises.

The Trial Methods for Bearing Insurance for Enterprise Employees issued by Ministry of Labor in December 1994 provides socialized bearing system. The Trial Methods state: the enterprises in cities and in townships and the employees working in these enterprises are obliged to join the bearing insurance; the enterprises shall raise 1% of total salaries of employees as bearing insurance fund; the bearing pension and medical cost related to the bearing and delivery of children and management fee shall be included in the bearing insurance fund; the bearing pension is equivalent to average monthly salary of last year of the enterprise.

2. Labor Protection for Female Employees

Since the Chinese economic system reform and the introduction of the socialist marketing economy, the realization of social values of women as the disadvantaged group will be greatly determined by the support of a reasonable and fair social security system. Labor Protection Regulations for Female Employees issued by the State Council in 1988 repealed the above-mentioned bearing insurance regulations with an aim to protect legal rights and interests of female employees and to solve special difficulties faced by the female employees during their work due to their physiological features. It requested enterprises and organizations suitable for women to work shall not refuse to employ women; basic salaries of female employees shall not be decreased and their labor contracts shall not be terminated during their pregnancy, delivery, and infant breast-feeding period; it is prohibited to arrange female employees to do unsuitable jobs; the maternity leave is 90 days (including prenatal leave 15 days) which is slightly shorter the 14 weeks newly set forth by the 88th Informational Labor Organization Conference in 1999; female employees having babies under one year old shall be provide breast-feeding time twice a day (half an hour /per time ). The Chapter 7 of the Chinese Labor law set forth same provisions.

3. Pension for Members of the Deceased’s Family

Article 73 of the Chinese Labor Law issued in July 1994 provides: if the laborers dies, his dependents shall be eligible to allowance which includes the funeral expenses, a lump-sum relief and pension for supporting his relatives. The pension shall be provided for the deceased’s spouse who is either unemployed or over 60 years old or totally lost working ability, the deceased’s children under 16 years old, and the deceased’s parents over 60 years old or totally losing working abilities. The amount of the pension shall be enough for the deceased’s dependents to maintain local ordinary living standings, which shall be decided by the local authorities. However, The total amount of the pension shall not be higher than the deceased salary before his death.

4. “Five Guarantees” in Rural Areas

The Model Rules for High-Level Agriculture Cooperative issued in 1956 provides: ‘the agriculture producers’ cooperatives shall adequately arrange and take care of production and life of the old, the widowhood and the disabled, guarantee their food, clothing and fuel, guarantee their children to have access to education and their parent’s funeral arrangement. ’ Later on, ‘guarantee of house’ and ‘guarantee of availability of health care “ have been included in the “five guarantees” with the development of the ‘five guarantees’. The concentrated guarantee system and the separate guarantee system have been adopted for the targets of the “five-guarantees ’. In1985, there were 150000 houses for the old in rural areas, where over 3 million old people stayed, The ‘five guarantees’ will be stopped after the young targets of the ‘five guarantees’ reach 16 years old.

Right to Social Security of the Child

1. Prohibition of Child Labors

Rules of Prohibition of Child Labors issued by the State Council on October 1,2002 aimed at protecting physical and mental health of the child, improving implementation of the compulsory education system and protecting legal rights and interest of the child. The rules provide: national organs, civil societies, enterprises and institutions, non-governmental organizations and privately-owned businesses are not allowed to recruit minors under 16 years old (i.e. the child laborers). Any institution or individual is not allowed to recommend minors under 16 years old for working positions. The minors under 16 years old are not allowed to open and operate private business. Parents and other guardians of the minors under 16 year olds shall assure their access to the compulsory education. The Labor Protection Administration may impose a fine of RMB 5000 Yuan per month for the employment of a child labor on the employer. The Labor Protection Administration may impose a fine of RMB 10000 Yuan per month on the employers for employment of a child laborer and the Industrial and Commercial Administration may revoke their business licenses for their practice of employment of child labors if they refuse to send back home within limited period.

2. Compulsory Education for the Child

Both the Chinese Compulsory Education Law and the Underage Protection Law provide clearly for the compulsory education for the underage. The Chinese Compulsory Education Law provides that Chinese government provides nine-years free education for the underage and financial assistance for the poor students; children who are receiving the compulsory education are not allowed to take jobs; parents and guardians of the children are obliged to assure them to receive the compulsory education.

3. Protection of Right to life and Health of the Child

The Chinese government has greatly developed MCH health care services and improved health care and nursing level in nursery schools and kindergartens in order to guarantee life and health of the child. The Chinese Government also made commitment to eliminate poliomyelitis.

4.Right to Social Security of the Disabled

Up to now, the Chinese Government has made some special laws for the disabled, which include ‘Law of the People’s Republic of China on the Protection of the Disabled’ (enacted in 1990 and effectuated in 1991) and ‘Education Regulations for the Disabled ’(enacted and effectuated in 1994). The Law of the People’s Republic of China on the Protection of the Disabled makes detailed provisions for the right to rehabilitation, the right to education, the right to employment, the right to culture and the right to environment for the disabled.

Current Status of Guaranteeing Social Right of the Disadvantaged in China and Problems

1.Current Status of Guaranteeing Social Right of Women and Problems

1.1 Current Status of Guaranteeing Social Right of Women China adopts the socialist system, state-owned enterprises account for high parentage, and the Chinese Government pays close attention to the labor protection of women employees and has formulated related systems in compliance with the International Labor Organization standards in 1950’s. In 1992, female employees in cities and townships increased to 56 million from 0.6 million in 1949,its percentage to the total employees raised to 38%from previous 7.8%, which is higher than the world average level 34.5%.

The amount of the bearing insurance of a female employee is equivalent to her salary, which is higher than the International Labor Organization level 67% of the salary. Labor Protection Regulations for Women Employees enacted in 1988 increases maternal leaves to 90 days (including prenatal leaves 15days) from the previous 56 days, which is slightly shorter than the newly set 14 weeks by the 88th International Labor Conference. From the adoption of the Trial Methods for Bearing Insurance for Enterprise Employees by the Ministry of Labor in 1994 to the end of 1999, there were 29.3 million employees participating the bearing insurance scheme in 27 provinces, covering 28% of the total; the national bearing insurance income was RMB 1.075 billion Yuan and the expenditure was RMB 0.713 billion Yuan.