Analysis Of Reproductive Rights

Fertility is the nature instinct of the human being, and it's also the precondition and foundation of people generation after generation. In recent years, with the development of the economic and culture of the countries all over the world, people pay more and more attention to achieve and protect its own rights. Many countries have taken fertility instinct as the reproductive right. Scholars both at home and abroad begin to focus on studying the reproductive right. This paper will discuss the reproductive right form four aspect:analysis its character, investigate its historical evolution, study its subject,content,object and the conflict and restrict of exercising this power.This paper will discuss the productive right form four aspects:The first part will discuss the general theory of fertility and the reproductive right. First, I will analysis the concept,the character, the type and the way of fertility; Second, I will discuss People's basic rights, and make sure that the reproductive right is not the human right but a freedom rights of subsistence. Third, I will study the historical evolution of the reproductive right and analysis that the reproductive right transform from deserved right to legal right.The second part will discuss the character of the reproductive right. By comparison and analysis of the theory on the character of the reproductive right and analysis the debate on whether the reproductive right is the right of personality or identity right, there comes to a conclusion that the reproductive right is not identity right but the right of personality.The third part is talk about the legal system of the reproductive right, including observe and analysis the ethic values and legal rules, both of ancient and modern, about fertility and the reproductive right.The forth part is study further about the substantive issues of the reproductive right. First, the paper will talk about the subject of the reproductive right. The paper think that everyone, no matter men or women, has the reproductive right equally, and the reproductive right is not limited to both sides of husband and wife, and he citizens has the reproductive right by law. Besides that, it also analyses is the reproductive right problem of the special subject. Second, the paper will talk about the content of the reproductive right, including the power of decision,option right,the right to know and the security right of fertility. Third, the exercise of the right should base on the principle of respect each other and mutual negotiation, and to consider the factors the social and public interests. In addition, fertility exercise right is not absolute freedom, must undergo the necessary restrictions. Assisted fertility should be finished on social ethics basis by medical method. The paper also discusses the conflicts between the exercise of the reproductive right and the security of fetal right and the priority of the two rights.