The Rule of Law for the Exercise of Marriage and Reproductive Rights for Women with Intellectual Disabilities in China

Figures & data

Table 1 The Practical Assessment Criteria for Persons with Disabilities in China Classifies Them into the Following Levels

Classification	DQ: 0–6 Years Old	IQ: Seven Years Old and Above	AB	WHO-DAS II Score: 18 Years Old and Above
Level 1	≦ 25	< 20	Extremely Severe	≧ 116
Level 2	26–39	20–34	Severe	106–115
Level 3	40–54	35–49	Moderate	96–105
Level 4	55–75	50–69	Mild	52–95

Table 2 Legal Foundations for Women with Intellectual Disabilities to Enjoy Marriage and Reproductive Rights in China

Laws	Provisions	Articles
Constitution of the People’s Republic of China	The state and society help arrange the work, life, and education of the blind, deaf, dumb, and other citizens with disabilities.	Article 45 (3)
	The state protects marriage, family, motherhood, and childhood.	Article 49 (1)
Population and Family Planning Law of the People’s Republic of China (2021 Amendment)	Citizens have the right to reproduction and the obligation to practice family planning by the law, and both spouses have a joint responsibility in practicing family planning.	Article 17
Civil Code of the People’s Republic of China	The state protects marriage and family. The legitimate rights and interests of women, minors, the elderly, and the disabled are protected.	Article 1141 (1) (3)
Law on the Protection of Persons with Disabilities	PIDs have equal rights to other citizens regarding family life. The law protects the civil rights and human dignity of PIDs.	Article 3

Figure 1 China’s institutions responsible for protecting the marriage and reproductive rights of WIDs.

Table 3 Official Notification of “Xuzhou Chained Woman Incident”

Order	Time	Department	Contents	Questions from Netizens
1	January 28, 2022	Propaganda Department of the Communist Party of China (CPC) Feng County Committee	1. There was no abduction or trafficking. 2. The couple involved is in a legal marriage.	1. No description of the original family background of the woman. 2. No explanation of why the local regulatory authorities had not intervened for so long. 3. The couple involved seriously violated the Family Planning Policy without punishment.
2	January 30, 2022	Joint Investigation Team of Feng County	1. There was no abduction and trafficking. 2. The person concerned, Moumin Dong, has repeatedly evaded the management of family planning in different ways. 3. The staff in charge of the marriage registration did not strictly verify the identity information of the woman, who has intellectual challenges. 4. The staff who neglected their duties and were found guilty of malfeasance were dealt with according to the law and regulations.	1. No description of the original family background of the woman. 2. The conclusion that there is no trafficking is not credible. 3. Failure to account for the long-term negligence of the local supervisory authorities.
3	February 7, 2022	Xuzhou Municipal CPC Committee and Municipal Government Joint Investigation Team	1. The staff who neglected their duties and were found guilty of malfeasance were investigated. 2. The woman went missing during travel from Yunnan Province to Jiangsu more than 20 years ago. She married Dong in Feng County. 3. The intellectual condition of the woman tends to be stable, and other health indicators are as usual. 4. Using DNA identification, eight children were identified as being born to the woman. 5. The public security authorities have launched an investigation into whether the husband involved is suspected of committing a crime.	1. The original family background of the woman remains unclear. 2. There must have been an abduction because the reason for seeing a doctor does not stand up to scrutiny due to the long distance from Yunnan Province to Jiangsu Province. 3. No explanation of why the local regulatory authorities have not intervened over a long period.
4	February 10, 2022	Xuzhou Municipal CPC Committee and Municipal Government Joint Investigation Team	1. Compulsory criminal measures taken against persons suspected of illegal detention and trafficking in women. 2. Social support provided for the woman.	1. The officials who wrongly registered the illegal marriage have not been held accountable. 2. The government has been too slow to respond and is suspected of shirking its responsibility.
5	February 17, 2022	Jiangsu Provincial CPC Committee and Provincial Government Joint Investigation Team	Investigation team set up.	No answer to the netizens’ questions.

Table 4 Overview of Legal Documents Promulgated by Various Localities in China to Implement Family Planning

Laws and Regulations	Provisions	Articles
Guangdong Population and Family Planning Regulations	Both spouses have an obligation to practice family planning according to the law, and the legitimate rights and interests of practicing family planning are protected by law.	Article 4
Hainan Population and Family Planning Regulations	Family planning is the primary national policy of the country, and both spouses have an obligation to practice family planning. The state advocates better conditions for childbirth and reproductive health.	Article 3
Beijing Population and Family Planning Regulations	Citizens have the right to reproduction and the obligation to practice family planning by law. Both spouses have joint responsibility in practicing family planning. The legitimate rights and interests of citizens in practicing family planning are protected by the law.	Article 15
Fujian Population and Family Planning Regulations	Both spouses have an obligation to practice family planning. The legitimate rights and interests of citizens in practicing family planning are protected by the law.	Article 2
Shanghai Population and Family Planning Regulations	Citizens have the right to reproduction and the obligation to practice family planning in accordance with the law. Both spouses share the responsibility to practice family planning and should be consulted equally and respect each other when making reproductive decisions. The legitimate rights and interests of citizens in practicing family planning are protected by the law.	Article 22