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The Protection Of Country Citizen’s Reproductive Rights

Posted on:2016-05-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y TianFull Text:PDF
GTID:2296330470978635Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Birth is a kind of natural right, is natural right and social right. Law according to its theory origin is a kind of social contract, the part of individual to assign their rights and burden obligations, rights and obligations is relative. The international community generally recognize reproductive rights is a fundamental human right. Reproductive rights in has been defined as a fundamental human right at the same time, emphasize the "responsibility", this responsibility includes not only responsible for the pregnant mother and the future of life, is responsible for the society as a whole. The limitation on the reproductive rights is the essence of the value of the reproductive rights and other rights conflict of compromise. Rapid growth of population in our country the founding of new China, China began to implement the family planning policy, in 2001 passed the "population and family planning law" in China. This law is formulated in order to realize population and economy, society, resources and environment coordinated development, better carry out family planning, safeguard the legitimate rights and interests of citizens. As a basic human rights of reproductive rights, it is a citizen’s right subject. When the national exercise of public power and fundamental rights conflict, must examine whether the exercise of public power prescribed by the constitution, infringement of citizens’rights of state power is moderate, appropriate proportion. Current law regulation of reproductive rights protection does not reach the designated position, in the case of the many reproductive rights violations, attached will damage the citizens the right to health or even the right to life. In the face of the compulsory measures of family planning, there are serious departure from the legislation original intention and human rights violations of the regulations of laws and regulations to implement, to resolutely put a stop to such as local implementation of the termination of pregnancy women, an unlimited social support, tax and explore good alternative means as much as possible, for civil rights infringement compensation, explore a good compensation mechanism. When the value, the rights conflict, value choice, we will be thought basis and rationality of value choice, try to seek feasible and guide the practice of law of value judgment and choice. Second, the country’s one child policy should also be timely adjusted according to the development of social economy, the reasonable use of social support, and improve the social security system, improve the mechanism of the interest guide. Facing the aging trend is more obvious in our country, the country should pay attention to promote the implementation of endowment insurance, urban and rural medical insurance, make people’s real old be raised, according to the old.
Keywords/Search Tags:family planning, Reproductive rights, Family planning law
PDF Full Text Request
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