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CEDAW and the Law:
population quality and distribution of population; and (c) rights and responsibilities of
individuals and family members in implementing the population policy. The Decree of
Population specifies the forms of education and counselling on population, reproductive
health, and family planning. Article 18 of the decree provides that this includes: (a)
propagating on the mass media and Internet; (b) giving direct propagation, mobilization and
consultancy; and (c) organizing the teaching and learning in educational establishments in the
national education system.
Responsibilities
The Population Ordinance identifies responsibilities of the State agencies and organizations
in population work. In particular, it states that agencies and organizations must, within the
scope of their respective tasks and powers: (a) integrate population elements into their socioeconomic
development plan and policies; (b) propagate and campaign for the implementation
of the population work; (c) provide various population services; and (d) organize the
implementation of the population legislation within their own agencies and organizations. 754
Article 5 of the Decree on Population reiterates the responsibilities and elaborates further on
task (a). It also explicitly states that the people must have diversified, quality, convenient and
safe population services. 755
Gender equality in family planning and population work
The Population Ordinance aims, as among the principles of population work, “to guarantee
the initiative, voluntariness and equality of each individual and family in birth control,
reproductive health care, selection of residential places, and application of measures to raise
the population quality.” 756 It also provides: “[The] State shall adopt policies and measures to
eliminate all forms of gender discrimination, discriminatory treatment between boys and girls,
ensuring that women and men have the same interests and obligations in building prosperous,
equal, progressive, happy and sustainable families.” 757
The Decree on Population, which details the implementation of the Population
Ordinance, has a particular article on gender equality:
Article 23: Gender Equality
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(1) Propagating the gender equality; eliminating all forms of gender discrimination;
creating conditions for the female to take initiative in caring for their reproductive
health, family planning and to enjoy equality in education, training, raising of their allsided
qualifications and participation in social activities; the male to practice family
planning.
(2) Eliminating all biases against young girls; protecting the legitimate rights and
interests of young girls in daily-life activities, medical examination and treatment,
learning, entertainment and recreation and all-sided development.
754
Population Ordinance, Article 5(4)
755
Decree on Population, Article 5(2)(b)
756
Population Ordinance, Article 2(2)
757
Ibid., Article 2
Review of key legal documents and compliance with CEDAW