Font Size: a A A

Constitutional Protection Of Reproductive Rights

Posted on:2012-09-02Degree:MasterType:Thesis
Country:ChinaCandidate:B QinFull Text:PDF
GTID:2216330338956731Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
This constitutional protection of reproductive rights was a more systematic and comprehensive research. This article discusses the constitutional protection of reproductive rights from basic theoretical issues of reproductive rights, legal recognition, the status and shortcomings of constitutional norms, and improvement of the Constitution.This argument structure of the body is divided into four sections:The first part is the basic theory of reproductive rights issues. This understanding of the concept of reproductive rights:civil autonomy in accordance with the law to decide whether the time of birth and fertility, the number, spacing and choose the right mode of birth; This section summarizes the reproductive rights of three characteristics:the main body of universal reproductive rights, the exercise of reproductive rights with social attributes, with the development of reproductive rights of the content; Discusses the nature of reproductive rights is both a constitutional right to a civil rights; Finally, the right to determine the reproductive system in the attribution of constitutional rights:the right personality.The second part is the legal recognition of reproductive rights. First briefly review the historical development, growth in different historical periods described the content of reproductive rights discourse as a basis for the proposal process; Secondly, the international legal documents related to reproductive rights and domestic law to sort out the legal recognition that reproductive rights as a legal basis for certain; Finally, citizens from the government control of reproductive behavior, reproductive behavior, and social attributes of individual citizens and public interest fertility desire Game three levels of reproductive rights need to demonstrate the need recognized by the Constitution.The third part is the constitutional protection of the status of reproductive rights. First back to the reality of our Constitution, the use of our constitutional rights theorists of the classification and ultimately determine the specific analysis of reproductive rights in the Constitution the right of the location of the system. Second, discusses in our country's resources and the institutional design of constitutional discourse of reproductive rights under the Constitution Interpretation Perspective. This part focus on our existing resources for the Constitutional right of reproductive rights into the Constitution which provides the possibility of the process from the constitutional and legislative systems of the two aspects to consider reproductive rights norms problems, analysis of the existing family planning policy the impact of reproductive rights.The fourth part is the proposal of the constitutional protection about reproductive rights to improve. The rule of law in the static level, this chapter the author puts forward four to obtain constitutional protection of reproductive rights in a sound way, in addition to the ordinary laws surrounding the protection of the Constitution to improve reproductive rights; in the dynamic aspects of the rule of law, the author proposes to strengthen review of the constitutionality of the law proposal.
Keywords/Search Tags:reproductive rights, family planning, constitutional rights, constitutional protection, constitution perfect
PDF Full Text Request
Related items