对我国男女不同龄退休政策的社会性别分析

Gender Analysis of China's Policy of Different Retirement Ages for Men and Women

运用性别视角审视现行退休政策,分析其立法背景、法律规定、法律实施以及作为法律支持环境的社会、文化、传统惯例、风俗习惯等,发现其中存在的性别盲点或性别歧视,进而提出修法建议。现行退休政策违反国际人权法的非歧视原则和我国宪法的男女平等原则,为维护女性劳动者合法权益,促进社会可持续发展,在我国现阶段采取分群体、分阶段推行有选择的弹性退休年龄政策,在女性公职人员中率先实现同龄退休有其必要性和可行性。

This article analyzes China＇s current policy of implementing different retirement ages for men and women from a gender perspective. We can find gender blind spots or gender discrimination through analyzing the legislative background, legal provisions, implementation of the law, as well as the gender differences formed under the long-term social, cultural, historical, institutional, ideological and economic influences. On the basis of such analysis, this paper puts forth corresponding legislative suggestions. Implementing different retirement ages for men and women violates the non-discrimination principle in international human rights law and the principle of equality between men and women in the Chinese Constitution. It constitutes direct discrimination against women. In order to protect the legitimate interests of female workers and promote the sustainable development of society, it is both necessary and feasible to introduce the system of same retirement age for male and female civil servants. The state should implement a system of optional flexible retirement age, which is a system of different retirement ages for different groups of people in different phases.