The Normative Construction and Implementation Path of "The Right to Special Guarantee for Women" in the New Law of the People

WAN Yi

Abstract： On June 24， 2022， the 35th meeting of the Standing Committee of the 13th National Peoples Congress voted to pass the new Law of the Peoples Republic of China on Physical Culture and Sports. The new Sports Law establishes the legislative model of "equal protection + special guarantee" in Article 5 of the General Provisions. Specifically， the first sentence of Article 5 embodies the "right to equal participation in sports activities，" and the second sentence embodies the "right to special guarantee for women." This is the first time that the "right to special guarantee for women" in sports has been provided for at the legal level in the form of legislation. Although there are four references to special protection for women in the new Sports Law， the legislation does not elaborate on the connotation and power of the "right to special guarantee for women." By tracing back to the human rights theory， the "right to special guarantee for women" has been elaborated and constructed through the classic theory of "right to equality" and the cutting-edge theory of "collective human rights"， at the same time， the "theory of national protection duty" in the Constitution and the relevant provisions of "gender equality and anti-discrimination" in international conventions will be further deepened to build a unique and practical "womens special protection rights." Based on this theory， the four dimensions of the "right to gender equality in sport， the right to special State guarantees， the right to specificity， and the right to organize" embedded in it are analyzed. Among them， the most basic and core connotation is the "right to gender equality in sports"， which is also an extension of the "right to equality" theory in the Constitution in the field of sports. Its typical embodiment is the "right to equal participation in sports" stipulated in the new Sports Law. The "right to special State guarantee" is the right connotation based on the function of States duty to protect， which is typified by the equal scrutiny of gender-specific sports programs. "Special right" is a right connotation based on the theory of collective human rights， which is typified in sports by the 1984 Los Angeles Olympic Games， where women were given exclusive competitions in synchronized swimming and artistic gymnastics. The "right to organize" is also the connotation of right based on the theory of collective human rights， which is typically reflected in the field of sport by the establishment of the IOC Working Group on Women and Sport in December 1995， which was formally upgraded in March 2004 to a specialized commission. The right to gender equality in sports， the right to unique State guarantee， the right to special rights， and the right to organize together constitute the four-fold connotation of the right to special guarantee for women. In order to promote the implementation of the "right to special guarantee for women"， it is necessary to put forward further relevant legislation and policy recommendations and explore the legal approach to promote gender equality in sports. First of all， at the central legislative level， the legislative provisions on the "right to equal participation in sports activities" and the "right to special guarantee for women" in the new Sports Law should be implemented and absorbed.

In contrast， legislation reflecting "special rights and the right to organize" can be explored first. Secondly， at the level of local legislation， it is more necessary to refine and implement the provisions of the new Sports Law and the central sports legislation on "the right to special guarantee for women" and to advocate local governments with conditions to actively carry out legislative exploration to enshrine more rights for women to participate in sports activities. Finally， at the policy level， the provisions on the "right to special guarantee for women" in sports legislation should be implemented， and at the practical level， the implementation of the "right to special guarantee for women" should be accelerated， including strengthening financial support and the participation of womens federations in decision-making and management.

KEY WORDS： the right to special guarantee for women; Law of the Peoples Republic of China on Physical Culture and Sports; right to equality; State duty to protect; collective human rights