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Research On Single People's Right To Give Birth: A Constitutional Law Perspective

Posted on:2019-05-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y R ZhangFull Text:PDF
GTID:2416330545494274Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Reproduction is the most basic human behavior and need for continuation.The realization of the right to reproductive rights is related to people's survival and development.As a basic human right,it has become the common understanding of the international community today.However,with the development of society,people's choices of life style are constantly diversified and social concepts are constantly open.Due to the imperfect laws,regulations and related systems,the rights of citizens to procreation have not been effectively protected.As a special social group,single men and women have encountered many obstacles because of the restraints of traditional concepts,the absence of laws and regulations and the restriction of state policies.In the protection of civil liberties and equal rights at the same time without reasonable protection of the reproductive rights of citizens in the reproductive rights personality attributes continue to be prominent today is obviously outdated.In order to better guarantee the reproductive rights of citizens,especially those of single men and women,the state needs to actively take effective measures.Through the demonstration of the basic human rights and basic rights of reproductive rights,the author hopes to seek the constitutional basis for the protection of the reproductive rights of single men and women and provide effective remedies for the realization of their reproductive rights through legislation and supporting social security measures.This article will discuss the constitutional safeguard of the reproductive rights of single men and women from the following four aspects.The first part of the article will give a systematic demonstration of the basic rights of reproductive rights.Through the analysis of the concept,nature and basic human rights of reproductive rights,we can conclude that the right to reproductive life is the basic human right and further analyzing the plans in the current constitutional text Reproductive clauses,human rights clauses and family protected clauses.We can find some reasonable bases for the basic rights of reproductive rights.Therefore,the state needs to take positive actions to ensure the realization of the rights of citizens,especially single women and men.The second part of the article mainly defines and discusses the scope of single men and women and the meaning of the right to reproductive rights of single men and women.The author holds that single men and women have the qualification of themain body of the right to reproductive rights.The third part of the article analyzes the dilemma of the realization of the right to maternity of single men and women from the traditional viewpoints,the insufficiency of the existing laws and regulations and many restrictions on the right of males and females.At present,there are mainly legislative gaps,the system of collecting social support fees and the system of multiple births and benefits.Detailed and accurate analysis of the problems can provide a clear idea and perspective for finding a complete path.The fourth part of the article provides suggestions on the protection of the reproductive rights of single men and women from the aspects of constitution and departmental law.It mainly includes the right to maternity into the constitution,the improvement and refinement of the civil law and the regulation of maternity and family law on the reproductive rights,and the improvement of the collection regulations of social support As well as the protection of the rights of illegitimate children.At the same time,the author believes that under the premise of complying with the national law and the family planning system,it can be limited to open surrogacy as one of the ways to realize the reproductive rights of single men and women.
Keywords/Search Tags:reproductive rights, single men and women, basic rights, surrogacy
PDF Full Text Request
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