Font Size: a A A

Reproductive Rights Perspective Under The Family Planning Policy

Posted on:2012-05-02Degree:MasterType:Thesis
Country:ChinaCandidate:L Z LaiFull Text:PDF
GTID:2206330335998134Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
In China, family planning is a sensitive, sharp topic which we have to face. Constitution of People's Republic of China writes in paragraph 2 of article 49, "Both sides of husband and wife have the obligation to practice family planning", indicating that family planning is a constitutional obligation. However, this obligation setting causes some damage to human rights, especially the reproductive rights. In that situation, can this policy fit into the value system of human rights? In fact, human rights should not be absolutely guaranteed. In China, reproductive rights without any limit can cause fierce conflict with the survival rights. In this particular situation, it is not a violation to legal principles if we restrict reproductive rights. On the contrary, it is a must. But even so, the policy should still accord with basic human rights standards, and should not be too severe.Besides the obligation of family planning, the safeguard mechanism of family planning policy also causes a series of damage to the reproductive rights of citizens. It sets strict conditions which prevent some people's reproductive rights being guaranteed, and sets unplanned fertility punishment which may also damage the rights of the citizen. So these specific system design needs to be valued and adjusted by reproductive rights. The core of this adjustment is to balance the reproductive rights and obligations.Chinese family planning policy sets the strictest limits for reproductive rights, and violations to human rights also appear in the process of implementing. Judged from the angle of reproductive rights, this policy still needs to be adjusted. Considering the current situations of our country, the policy should undoubtedly take reproductive rights and human rights seriously, and reform in the direction of human rights...
Keywords/Search Tags:family planning policy, reproductive rights, human rights
PDF Full Text Request
Related items