Gender discrimination in employment in China and Russia

Abstract

The paper researches the problem of gender equality in employment in Russia and China. Starting with the review of the general attitude on the role of the woman in the society in these countries (part 1) the authors proceed with the analysis of national norms and case law. They point that in spite of ratification by both countries of the main international instruments prohibiting gender discrimination in employment these norms did not fully penetrate to the legal system and to the legal culture of China and Russia. Part 2 focuses on the prohibition of employment of women in some occupations and the protection from gender discrimination in Russia. In the part 3 the relevant Chinese experience and legislation is investigated through the comparison with the Russian approach. In conclusions the main common traits of gender based discrimination in employment in both countries are formulated: even though they established anti-discrimination principles to ensure gender equality at the workplace, the lack of clarity in the definition of discrimination and the absence of a general provision on the shift of the burden of proof as well as the absence of norms protecting women who lodged a claim on discrimination against an employer from victimization. In both countries the authors evidence the lack of case law on discrimination and the difficulties in proving discrimination in the rare cases which were brought before the court. The authors also substantiate that the general attitude towards the division of roles between men and women is one of the main reasons of gender discrimination in both countries.