Realization of the Right to Economic Assistance of Women with Disabilities in Divorce from the Perspective of the Civil Code

Protecting the equal human rights of persons with disabilities is an important part of human rights protection in China.The Marriage law Amendment in 2001 focused on the economic assistance system for divorce relief for a party unable maintain the local basic standard of living.The Civil Code has adjusted and expanded the system,stipulating that one party can ask for financial help from the other party if the party can’t maintain a reasonable living after divorce.To a certain extent,this economic assistance should include the assistance to the party whose living standard has decreased significantly after divorce and the party who has made more sacrifices and contribution to the marriage during the marriage.Although the economic assistance system for divorce stipulated in the Civil Code does not specifically address unequal treatment or discrimination against women with disabilities,since women with disabilities are more vulnerable after divorce,they are more likely to put forward economic assistance claims after a divorce,be more dependent on others physically and psychologically,and find it more difficult to obtain employment.Social security for women with disabilities is still insufficient and compared with other subjects,women with disabilities are likely to be in an unequal position in the realization of their right to economic assistance in divorce.Therefore,it is necessary to put forward reasonable legal interpretations and application suggestions for the relevant provisions in the Civil Code,so as to fully realize the economic assistance rights of women with disabilities in divorce,and reflect the care and protection of the human rights of women with disabilities in the Civil Code.

“Women Hold up Half the Sky”: Engendering the Right to Development

Societal institutions and structures shape particular experiences of socio-economic disadvantage for women.It is not enough to simply extend a fixed bundle of socio-economic rights to women and men alike, but to infuse such rights with substantive equality. Based on discussing the link between the right to development and socio-economic rights, I discuss how gender inequality shapes particular experiences of socio-economic disadvantage for women, which impede the exercise of their right to development. I examine a potential approach for engendering the right to development which synthesises socio-economic rights and substantive equality to capabilities. Finally, I evaluate the extent to which CEDAW represents this optimal synthesis, albeit with some important limitations.