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Study On Priority Protect Female Reproductive Freedom Rights

Posted on:2016-08-31Degree:MasterType:Thesis
Country:ChinaCandidate:L H JiangFull Text:PDF
GTID:2296330473959111Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Thesis about The reproductive right has been a hot topic, research results, but a lot ofresearch is still controversial. In order to clarify of what is the reproductive right, what isthe reproductive right’s nature, Make up the Coordination principle and mechanism of thereproductive right’s conflict the lack of relief approaches about Infringement of women’sreproductive rights in legislation, This paper around the protection of women’sreproductive right should be Priority protection, then analyze and research layer by layer.With the awakening of women’s rights consciousness, in recent years, The reproductiveright’s conflict also we see anywhere, In order to solve the problem of the reproductiveright’s conflict, Make the protection of the rights to get the biggest, the smallest damage,This paper argues that the female’s reproductive right should be Priority protected. First ofall, because through analyzing The reproductive right’s attribute and on the basis ofrelevant legislative cases, The right to reproductive right is a kind of personal right,it isalso the basic right of what makes humans human, The second, it should be exercised onaccount of China’s Family Planning policy because the enjoyment of right is differentfrom the realization of right, namely,Women’s reproductive freedom priority protectiondoes not represent is the negation of male reproductive freedom. What’s more, this is alsoreproductive right problem of accepting or rejecting the value of the method of level, Ifthe exercise of the priority to protect women’s reproductive right to maximize the interestsof society as a result, also corresponds with the spirit of a harmonious society under therule of law. In determining the female reproductive right priority protection principle ofconflict coordination, Put forward the corresponding legislative idea. first of all,Shouldclear the specific content of reproductive right, including Right to self-determination,birth information birth behavior, reproductive and health, etc.To further improvereproductive right system, this will have positive practical significance and theoreticalsignificance. Second, should be clear the liberty of attributes, then putinto the category ofthe protection of personality right; what’s more, when the conflict in reproductive rights,shall specify the coordination principle:Through both couple mutual consultationprinciple, respect each other and told each other, mutual negotiation, when canno talkthings over, shall be preferred to protect women’s reproductive will.But priority to protect women’s reproductive freedom is made up of certain premise condition:When a woman decides not to reproductive, should be within a reasonable period to tell their spouses, their spouses can be assumed to the conflict be the cause of the relationship to divorce.
Keywords/Search Tags:Reproductive right, preferred to protect women’s right, Personal right, Birth information right to know
PDF Full Text Request
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