The Constitution Analysis Of Single Women’s Reproductive Rights

Fertility is a fundamental human continuity, traditional fertility patterns areachieved by men and women in marriage,reproductive rights has also been identifiedas a right.However, with the evolution of the marriage and family structure and theprogress of artificial assisted reproductive technology, the traditional pattern of familyis becoming increasingly obvious change,subject of the right to procreate is no longerlimited to marriage under the framework of the men and women.New fertility culture|the open society and infiltration of foreign cultures has an impact on people’s lifestyle,many highly educated, high-income, high-quality female choose to be alone withrejecting of marriage, but as a society they have the psychological demands and valuewhich becoming a mother.How to ensure the reproductive rights of an unmarriedwomen is not only a legal issue, but also a significant social problem.Current legalprovisions on reproductive rights is very simple which does not involve single womenreproductive rights，however single women have become a social phenomenon inmodern society, they are increasingly eager to reproductive freedom.In2002,the“Population and Family Planning Regulations on Jilin”(here in after referred to as"Jilin Regulations ") establishes that single women have the right to have children viaassisted reproductive technology for the first time, which had sparked intensediscussion in society.In2013, the" Population and Family Planning Management onWuhan "(here in after referred to as " Wuhan provisions ") draft proposed:if onegive birth to child without wedding will be charged two times the social compensationfee ",female fertility problems under non-marital status sparked heated debateagain.Reproductive rights have double the natural and social attributes,Civil law andTort law are unable to solve the problem of negative externalities brought by thesingle woman,this paper will analyze single women ’s reproductive rights in theConstitution.This paper is divided into four parts,the first part defines the meaning of singlewomen, analyzes the type and the current situation, single women are in a stage ofmarriage of marriageable women who don’t have a fixed sexual companion.Thesecond part discusses single women reproductive rights issues,the author analysis theright to reproduction for single women and currently academic dispute onsinglewomen’s reproductive rights essential attributem.Eventually auther clear celibate women ’s reproductive rights is a constitutional right,the right to belong tothe scope of personality.The third part focuses on single women ’s reproductive rightsconstitutional analysis,the author clearly vested in the Constitution of single women ’sreproductive rights on the basis of necessity analysis,that is to say,although the text ofthe Constitution does not explicitly specified the single women ’s reproductive rightsas a fundamental right,but the right can be recognized in the Constitution by way ofexplaining " human rights clause" and " personal liberty clause".The fourth partpresents the path to achieve single women ’s reproductive rights,the author argues thatreproductive rights should be included in the constitution, so that the protection ofreproductive rights rise to the level of the fundamental law.Moreover, we shouldstrengthen the supervision of the Constitution and improve the relevant provisions oflaw department.The population of China has a special status,single women’sreproductive rights should be limited on the basis of respect for human rightsreasonably, instead of being totally deprived.