Gender Equality in China’s Legal Profession – humanrightsresearch.org

Report on Workplace Gender Equality in China with Emphasis on Sustainable Development Goals (SDGs)

Background: Progress and Challenges in Gender Equality

China has made significant strides toward achieving gender equality in the workplace, aligning with SDG 5: Gender Equality. Women hold 37.7% of board seats, 41.9% of supervisory roles, and 31.2% of employee-representation positions, reflecting the dismantling of traditional barriers. Women dominate key roles such as human resource directors (over 60%) and chief financial officers (52.8%), and lead 41% of tech start-ups, highlighting entrepreneurial growth.

Despite these advancements, persistent gender inequalities and sexual harassment remain critical issues. Women constitute only 19% of managers, with a sharp decline in top leadership positions. Pay disparities average 13% less than men’s salaries. Career setbacks linked to marriage and childbearing persist, with 83% of women encountering gender-related barriers and 62.5% questioned on marital or reproductive status during recruitment. Sexual harassment affects over 70% of women, with nearly 40% experiencing multiple incidents.

Gender Inequality in the Legal Profession

The legal sector, perceived as a regulated and safe workplace, reveals significant gender-based challenges. According to the 2020 Legal Services Sector Occupational Safety Survey, 64.8% of legal professionals reported gender discrimination, harassment, or workplace violence, predominantly affecting women (74.2%). Sexual harassment and violence were reported by 56.8%, often accompanied by sex discrimination (36.4%). Senior officials and supervisors were responsible for most offenses. Despite high prevalence, only 9.5% of victims reported incidents, with minimal accountability, indicating a failure to uphold SDG 8: Decent Work and Economic Growth and SDG 16: Peace, Justice and Strong Institutions.

Legal Framework Supporting Gender Equality

1. Constitutional and Labor Laws: The 1982 Constitution enshrines gender equality as state policy. The 1994 Labor Law prohibits gender-based employment discrimination, supporting SDG 5.
2. Law on the Protection of Women’s Rights and Interests: Enacted in 1992 and amended in 2005 and 2022, this law addresses discrimination related to marriage, pregnancy, childbirth, and breastfeeding, and formally prohibits sexual harassment. The 2022 amendment mandates employers to implement anti-harassment policies, complaint channels, and support measures.
3. Civil Code of China (2021): Article 1010 defines sexual harassment as a violation of personality rights, extending protection to all individuals and requiring preventive measures by employers.

Challenges in Implementing Legal Protections in the Legal Profession

Institutional Inattention to Gender Equality Obligations

Despite legal mandates, Chinese law firms largely neglect gender equality and harassment prevention. Only one of seven elite “Red Circle” firms publicly commits to diversity and inclusion, lacking comprehensive strategies or dedicated committees. This contrasts with international firms that actively promote diversity, equity, and inclusion (DEI) policies, reflecting a gap in institutional commitment and enforcement, undermining SDG 5 and SDG 16.

Gender Composition and Authority Imbalance

Women represent over 50% of registered attorneys in major cities but hold less than 22% of managerial or board positions, demonstrating vertical segregation. Male dominance in leadership limits the effectiveness of anti-harassment policies and complaint mechanisms, perpetuating structural inequality and impeding progress toward SDG 5 and SDG 10: Reduced Inequalities.

Hierarchical Power Relations and Gendered Division of Labor

• Law firms operate a partner-senior-junior hierarchy with significant power asymmetry.
• Male partners control client assignments and promotions, often favoring male junior attorneys with client-facing roles.
• Female junior attorneys are frequently assigned supportive or administrative tasks, reinforcing gender stereotypes.
• Legal ambiguity and absence of comprehensive anti-discrimination frameworks hinder recognition and challenge of structural discrimination.

Client Acquisition, Informal Networking, and Consent Issues

Success in the legal profession depends heavily on client acquisition and informal networking, often involving social activities outside formal settings. These gendered practices expose female attorneys to sexualized expectations and implicit pressures, blurring lines between consent and coercion. Economic pressures exacerbate these dynamics, making formal complaint mechanisms ineffective and challenging the realization of SDG 8 and SDG 5.

Conclusion and Recommendations

While China has established a legal framework supporting gender equality, implementation in the legal profession remains insufficient. To advance SDG 5: Gender Equality and related goals, the following actions are essential:

1. Enhance institutional commitment within law firms by adopting comprehensive DEI policies, establishing dedicated bodies, and enforcing anti-harassment regulations.
2. Promote women’s representation in managerial and decision-making roles to address vertical segregation and power imbalances.
3. Clarify legal definitions of discrimination and harassment to improve recognition and enforcement.
4. Transform workplace culture to reduce gender stereotypes and create safe, inclusive environments.
5. Strengthen complaint mechanisms ensuring independence, impartiality, and confidentiality.

Without these measures, gender equality in China’s legal profession will remain largely formal and ineffective, limiting progress toward sustainable development and inclusive growth.

1. Sustainable Development Goals (SDGs) Addressed in the Article

1. SDG 5: Gender Equality
   • The article focuses extensively on gender equality in the workplace, particularly in China’s legal profession, highlighting issues such as gender discrimination, sexual harassment, and underrepresentation of women in leadership roles.
2. SDG 8: Decent Work and Economic Growth
   • Workplace conditions, employment rights, and economic pressures in the legal profession are discussed, including pay inequality, career advancement barriers, and the need for safe and equitable work environments.
3. SDG 16: Peace, Justice and Strong Institutions
   • The article addresses legal frameworks, institutional practices, and enforcement mechanisms related to gender equality and workplace harassment, emphasizing the role of strong institutions and rule of law.

2. Specific Targets Under the Identified SDGs

1. SDG 5: Gender Equality
   • Target 5.1: End all forms of discrimination against all women and girls everywhere.
   • Target 5.5: Ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic, and public life.
   • Target 5.2: Eliminate all forms of violence against all women and girls in public and private spheres, including workplace sexual harassment.
2. SDG 8: Decent Work and Economic Growth
   • Target 8.5: Achieve full and productive employment and decent work for all women and men, including equal pay for work of equal value.
   • Target 8.8: Protect labor rights and promote safe and secure working environments for all workers, including migrant workers, particularly women.
3. SDG 16: Peace, Justice and Strong Institutions
   • Target 16.6: Develop effective, accountable, and transparent institutions at all levels.
   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.

3. Indicators Mentioned or Implied in the Article to Measure Progress

1. Indicators Related to SDG 5 (Gender Equality)
   • Percentage of women in board seats, supervisory positions, and employee-representation positions (e.g., 37.7% board seats, 41.9% supervisory positions).
   • Proportion of women in managerial and top positions (e.g., only 19% of managers are female; less than 10% of female attorneys are on boards).
   • Incidence and reporting rates of workplace sexual harassment (e.g., over 70% of women harassed; only 9.5% reported incidents).
   • Gender pay gap (e.g., women’s pay is on average 13% lower than men’s).
2. Indicators Related to SDG 8 (Decent Work)
   • Employment rates of women in key roles such as human resource directors (over 60%) and chief financial officers (52.8%).
   • Median income changes and economic pressures in the legal profession (e.g., 16% income decline in 2024).
   • Existence and enforcement of workplace policies on sexual harassment and gender equality (e.g., number of firms with internal anti-harassment regulations).
3. Indicators Related to SDG 16 (Strong Institutions)
   • Number and effectiveness of internal complaint mechanisms and anti-harassment policies in law firms.
   • Proportion of law firms publicly committing to diversity, equity, and inclusion (DEI) policies.
   • Legal amendments and enforcement actions related to gender equality laws (e.g., amendments to the Women’s Rights Law in 2022).

4. Table of SDGs, Targets, and Indicators

Source: humanrightsresearch.org