Research On The Issue Of Reproductive Rights Of Single Women

In recent years, some single women who are highly educated and have high income and quality start to make a request for enjoying their right of giving birth. Meanwhile, they are also trying their best to explore the legal approaches that can help them enjoy their right of giving birth. And the result of such a phenomenon is that, a heated discussion about single women's right of giving birth is aroused. In order to help single women enjoy this right, Regulations on Jilin Province's Population and Family Planning, which initially provided a lawful basis for single women's enjoying their right of giving birth, was put into force on November 1, 2002 by China's Jilin Province. To sum up, in this article, a study upon and discussion about single women's right of giving birth is given based on relevant documents and materials while opinions of my own have been put forward as well, hoping they'll be beneficial to establishing systems that can protect single women's right of giving birth. Specifically speaking, this article is divided to be the following four parts:In the first part, the definition of the right of giving birth is mainly provided. The premise before discussing about single women's right of giving birth is to gain a correct understanding about the definition of the right of giving birth. Due to the fact that laws and regulations that are currently effective in China give no definition to the right of giving birth, the right of giving birth is then defined as follows by the author based his/her analysis of articles of China's relevant laws as well as the definition of the right of giving birth given by the international community: the right of giving birth refers to that, the natural persons have the right to decide after their careful consideration whether they'll have babies, the ways they'll use to give birth, the number of babies they'll give birth to and the intervals of their giving birth to babies as well as the right to gain information, education and approaches that are related to giving birth. Besides, the author also thinks that, single women should be lawfully regarded as the bodies of the right of giving birth.The second part is about the comment on and analysis of the academic arguments of the nature of single women's right of giving birth. The author not only commented on and analyzed the nature of the right of giving birth based on the different academic viewpoints but also put forward his/her own points of view in this part. It is known that, the right of giving birth is both a constitutional right and a civil right. Specifically speaking, it is a special right of personality. What's more, a comment on and an analysis of the specialty of the single women's right of giving birth are also provided in this part, which in the end affirmed that, single women had the right to enjoy the right of giving birth.The third part is mainly about the comment on and analysis of the enacting of laws about single women's right of giving birth at home and abroad. Through a comparison between the current conditions of laws made aiming at single women's right of giving birth at home and abroad, the author thinks that, single women's enjoying the right of giving birth is on one hand the inevitable developmental orientation of times while on the other hand the certain requirement for a country's being geared to international standards. So, this part shows the essential value of the whole chapter. In addition, based on the phenomena that, China's currently effective laws show no clear rules and regulations on single women's right of giving birth and that laws made by different Chinese provinces are not the same either, a discussion about the reasons for the happening of those phenomena is then given by the author.The fourth part is about the establishment of systems protecting single women's right of giving birth. In this chapter, the necessity and significance of establishing the protective systems are finally analyzed. Meanwhile, conditions for realizing single women's right of giving birth are put forward as well in this part. In the end, in order to guarantee the establishment of a comprehensively sound legal system that can protect single women's right of giving birth, it is suggested that, the relief system of the Civil Law should also be introduced into when providing single women requiring for right of giving birth with legal relief.