| Reproduction is a basic activity of human survival and breeding,it is a form to realize the happiness of individual and family,and also the foundation of human existence and national prosperity.There are narrow and broad senses of the reproduction,the narrow sense refers to the activity of procreation,the broad senses refers to the whole process from the preparing for pregnancy to raising children.What the paper studies is the broad sense of reproductive rights.Under the social and historical environment in which the state advocates the birth of two children,the paper discussed what means of protection can we take to ensure a woman who has a will and the physical ability to bear can realize the reproduction,that wants and has the ability to bear a child,as well as dares to give birth to a child without worries,to promote the ownership of reproductive rights to the real realization.This paper consists of six parts and a conclusion:Part 1:Introduction.Look at the effect of the universal two-child policy.There is the phenomenon that,the bearing will of two children is not able to really change into the reproductive behavior,the actual birth rate of two children is lower than the expected,there have been the reflections on the realization of the reproductive right.Based on the historical data,quantitative study and text analysis,the paper researched on the current social phenomenon that women have the reproductive rights but they can not be fully realized in China,so as to introduce the theoretical overview of reproductive rights,and then reviewed the birth policy since the founding of China,pointed out the existing issues in the protection of reproductive rights of women and analyzed the reasons of the problems,finally the paper put forward some corresponding countermeasures and suggestions to improve the protection.Part 2:Overview of the reproductive rights.It is summarized from three aspects.Firstly,it is the origin and development of the reproductive rights.The emergence and development of the reproductive right has experienced the development process of natural reproduction,compulsory reproduction and reproduction of right.Secondly,it is about the connotation and extension of reproductive rights.Reproductive rights are the basic rights that all citizens enjoy the freedom to decide the number and interval of their children and to obtain information,education,methods,labor,social security and protection for this purpose;however,the main body of this paper is the women in marriage,in accordance with the birth policy,and with the physical conditions.The extension of reproductive right includes the right of determining reproduction and the right of reproduction security.Thirdly,it is about the legal nature of the reproductive right.On the nature of reproductive rights,there are so many theories such as the "human rights","civil rights","personality rights" and "right of identity" in the academic circles,there are differences as well as relevance between each theory,the author thinks that the reproductive rights are both the basic human rights and the general civil rights,this is determined by the two nature of natural and social behaviors.Part 3:The historical evolution of the protection of reproductive rights in China.According to the change of population and social economic situation,the birth policy also experienced a adjusting process from easing,birth control,family planning(one child),two children alone to full implementation of two children in China.In this part,the author took the time as the axis,and sorted out the history of Chinese birth policy adjustment and the relevant legal documents on the protection of reproductive rights,summed up the protection situation of reproductive rights in different periods.In the period of easing birth policy before and after the founding of China,the state encouraged reproduction,gave freedom to birth,but limited the freedom not to birth.During the period from the introduction of family planning to the strict family planning which stressed the only one child,the state has imposed an upper limit on the number and internal of births,people can give birth to less child,can not reproduce,but cannot exceed,the female had the right to refuse bearing,but the freedom of reproduction was limited;with the introduction of the two child policy,women have the opportunity to give the birth the second children but the reality is that the birth population is less than the expected,the social situation is reversed from the "allow or not allow to give birth" at the national level to "willing or not willing to give birth" at the individual level,and the mainstream who would not,and dare not to give birth,is just the female.Part 4:The problems in the protection of reproductive rights in China.In the period of easing policy,the state encouraged the reproduction,focused on protecting the "freedom to give birth",but does not give the freedom "not to give birth",the national protection of reproduction was mainly to define the reproduction treatment of women through the legal norms,it is to protect the reproductive behavior and the results,and belongs to the security right of reproduction,and doesn't give the decision-making rights of reproduction to women,at that time,the content of reproductive rights was not complete.During the period of family planning policy,the state controlled the number and interval of individual reproduction,the freedom of birth in women's reproductive decision-making rights was limited,and the reproductive decision-making rights was discounted.After the two child policy,due to the lack of fertility safety and social security,there was lack of security in the reproductive security right,many women can not feel at ease to give birth to a child,they dare not to birth a child.Part 5:The analysis of the reasons of insufficient protection of reproductive rights in China.The reasons are summarized as follows:firstly,the lack of legislation,no law to follow:the legal provisions on the protection of reproductive rights are interspersed in different legal departments,there is no special and complete legal protection system,and there are widespread problems that the protection is too general and vague in these legal departments,which are all only emphasize the obligation of family planning,but not clarify the reproductive rights,this buries hidden dangers to the behaviors against reproductive rights.Secondly,it is the gender discrimination,insufficient attention to the rights of women:because women need to enjoy the pregnancy period and postpartum fertility treatment when they bear the reproductive function,many employers refuse to provide women the fair jobs and employment prospects.In the choice of life,promotion and reproduction,women were forced to abandon the reproduction.Thirdly,the social security is not perfect:the coverage of maternity insurance is narrow,with low treatment,the maternity leave time is too short and rigid,and the social security function is compromised because of these factors.Fourthly,it is the high cost of human resources:there is gender discrimination,and the enthusiasm of maternity insurance is not high.Fifthly,the responsibility of government is to be strengthened:the lack of maternity insurance fund,the backward of fund management,the lack of public services in education and health care.Part 6:The path choice of strengthening the protection of reproductive rights of women.We should explore the reasonable and feasible measures to protect the reproductive rights from the perspective of perfecting the legislation,strengthening the government investment and encouraging the enterprises to undertake.The specific methods are as follows:(a)we should promote the reproductive rights into the constitution through the interpretation of the constitution,and improve the rights level of reproductive rights.At the same time,we should strengthen the unconstitutional review of the various departments to ensure that the law of each department is consistent with the constitutional principle in the protection of the reproductive rights.(b)We should strengthen the protection of reproductive rights by various departments.Perfecting the legislation of civil law,highlighting the protection of rights;fill the punishment blank of violence enforcement,add the charge of reproductive rights infringement and the means of punishment,strengthen the protection of criminal law;improve the tax legislation,through tax incentives to reduce the economic burden of employers,families and insurance companies to improve the security function of reproduction;accelerate the introduction of anti employment discrimination law,provide legal basis for the infringement of rights;establish a reasonable system of maternity leave and nursing leave system,extend the maternity leave and nursing leave,and allow flexible arrangements for holidays.(c)Reconstruct the social insurance system to improve the quality of security.The birth insurance fee of maternity insurance should be incorporated into the medical insurance for employees,to solve the problem of cross cost,low level of protection,unfair participation,high management cost and so on;maintain the maternity allowance system,and expand the scope of benefits;improve the distribution of maternity allowance.(d)Increase the investment of government,improve the public services.We should strengthen the investment of health care,improve medical health capacity and service level,expand the education of kindergarten,standardize the trusteeship education in primary schools,increase the financial revenue,and expand the scale of maternity insurance fund through the government subsidies. |
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