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Research On The Conflict Of Interests In The Exercising Of Reproductive Rights Of Women

Posted on:2014-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:X SuFull Text:PDF
GTID:2246330395994900Subject:Law
Abstract/Summary:PDF Full Text Request
When women in the exercise of the right, would conflict with the interests of theparties. In planning to decide whether, in conflict of interests of female reproductiveinterests and her husband reproductive interests. In the termination of pregnancy,female reproductive interests conflict with the interests of the fetus life husband andreproductive interests. A minor female reproductive rights of minors, and the legalguardians of the parental rights obtained based on monitoring interests conflict. Thewomen in the exercise of their rights, and various conflicts of interest, it is in theinterests of both the source of legitimacy. To solve these conflicts of interest arisereproductive rights of women in the exercise, we need to consider the interests of allparties and value judgment of interests, for the benefit of high order of value toconservation priority, and for the first time to consider low interests, find the balancepoint in the conflict of interest, the conflict parties got to equal protection of the law.The conflict between the interests and the interests of the fetus in pregnantwomen, mainly for pregnant women to exercise the conflict between reproductiverights and fetal life interests. It includes: when pregnant woman that her fetus is notperfect, decided to terminate pregnancy, the conflict between the interests of pregnantwomen with fetal life interests; pregnant abortion decision due to accidentalpregnancy and birth, freedom of choice and the interests of the fetal life conflicts ofinterest; pregnant women continue to pregnancy will lead to danger, the conflict oflife interest and fetal pregnant life interests. Pregnant women with fetal interestsconflict of interests between, need specific analysis of maternal and fetal life interestvalue ranking, in order to determine the priority protection of any party’s interests.Growing conflict of interest between husband and wife is divided into thefollowing situations: freedom and her husband claims reproductive freedom conflictbarren wife claims reproductive rights; the wife to abortion, conflict and protect herhusband maternity benefits; his wife was pregnant, her husband forced his wifeabortion, reproductive conflicts of interest between them. The three case, the reproductive right subject qualification, husband and wife are equal. But women asabsolute carrier have a whole process; take more physical and mental pain. Bothreproductive interests conflict, through the consideration of the growing interest, inorder to determine the priority protection of any party’s interests.Special subject of minors as reproductive rights, enjoy reproductive interests isbeyond doubt. As guardian of the parents, based on blood relationship with parentalright, not only the physical and mental health of minors should try to take care ofobligations, but also has the obligation to minors education guide. The guardian in theexercise of parental authority, they may conflict with the interests of minors the rightto procreate this life privacy. Although minors are reproductive rights, in specialcircumstances, the growing interest may be affected by the guardian benefit limit.The conflict of different interests in the process of the exercise of reproductiverights of women, need to pass on the interests of all parties to measure the valueordering. Maternal reproductive interests conflict with the interests of the fetus, fetallife, no sound or pregnant women get pregnant, pregnant women reproductiveinterests’ protection. Eugenics is not only reflected the protection of womenreproductive rights, is the respect for life, reflect the responsible for the life, the fetusis responsible, socially responsible. The life of the pregnant woman and fetus interestsconflict of life interest, after all the living interests than the unborn interests, therefore,give priority to the protection of the pregnant woman’s life interest. The conflict ofinterests between the wife and the husband’s family, on the basis of the United Statesof America judge O Conner proposed "undue burden" on the standard, according tothe relevant contents of the marriage law of our country, put forward that thereasonable period. The wife of marital termination decision, to fulfill the obligationfor the principle, does not inform the exception. If there are reasons to prove, toinform her husband will exercise a threat to their own rights, allowing his wife not toinform her husband and decide to abortion, but after a certain period of time mustinform her husband. For the protection of minors reproductive interests, to performthe obligation of informing practices of parents, in order to protect the interests ofminors. For the protection of minor’s reproductive interests, legal relief is not themain means of. Called on the school, family and society, to provide a more favorable environment for the growth of juvenile.
Keywords/Search Tags:Female reproductive rights, conflicts of interests, legal balance
PDF Full Text Request
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