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On Prisoners' Reproductive Rights And Protection

Posted on:2019-09-01Degree:MasterType:Thesis
Country:ChinaCandidate:H L ChenFull Text:PDF
GTID:2416330572951277Subject:Law
Abstract/Summary:PDF Full Text Request
Reproductive rights are an important component of human rights.Sentenced persons also have citizenship and should enjoy the right to procreation according to the modern rule of law spirit of "no prohibition or permission",and should also enjoy the right to procreation according to the human rights protection principle established in the current constitution,and the right to procreation of sentenced persons should be affirmed.At the same time,it is of great significance to protect the reproductive rights of serving prisoners,and to meet their instinctive needs,which is conducive to the realization of basic human rights.It is beneficial to social harmony to guarantee the reproductive rights of prisoners and to maintain the stability of their marriage and family.The protection of the reproductive rights of prisoners contributes to solving population problems and improving the reproductive health of prisoners.In the current law of our country,the regulation of the reproductive rights of the serving persons is still a blank,but it can be made clear that there is no explicit provision in the current law to deprive the serving persons of the reproductive rights,and the law does not prohibit freedom.The serving persons should enjoy the basic human right of reproductive rights.However,it is difficult to realize the reproductive rights of persons serving prison sentences because this right needs to be realized through the person of the person serving the sentence,and the personal freedom of persons serving prison sentences is deprived or restricted according to law.In fact,it is difficult for ordinary citizens to exercise such rights.How to realize and ensure that prisoners enjoy this right has become a problem that needs to be discussed in many fields such as law,ethics,and sociology.The protection of the rights of the prisoners has a very important practical significance for the construction of the country under the rule of law.It not only reflects the country's respect for and protection of human rights,but also helps to deepen the concept of governing the country by law and improve the level of the rule of law.The reproductive rights of the prisoners deserve our attention and research.The establishment of the reproductive rights of the prisoners is not only conducive to the education and reform of the prisoners,but also conducive to the protection of human rights and the coordination of the relationship between freedom and order.This paper intends to explore the theory and practice of the reproductive rights of prisoners in China and the related issues of the reproductive rights of prisoners on death row through the research on the reproductive rights of prisoners until the death penalty.We will effectively protect the reproductive rights of prisoners in a purposeful,conditional,differentiated and selective manner.This paper is divided into five parts to start discussion: The first part,through the concept of reproductive rights,characteristics of a simple introduction to the issue of reproductive rights of prisoners,the status quo of reproductive rights of prison inmates in China and foreign countries are compared,put forward the inadequacy of reproductive rights of prisoners in China,as well as the gap with advanced countries.The second part discusses five specific meanings of protecting the reproductive rights of prisoners.The third part analyzes the feasibility of giving birth to prisoners.This paper introduces that China can protect the reproductive rights of prisoners by implementing the existing system,such as the residential meeting system and the system of visiting relatives from prison.And the protection of the reproductive rights of prisoners will reduce the risk of re-criminalization,promote family harmony and social stability.The fourth part discusses the ways to protect the reproductive rights of prisoners,and analyzes the main body,scope and mode of protection.The fifth part,for the suggestion of our country's current laws and regulations,through proposing to add protective clauses to the reproductive rights of prisoners to realize the rights of this special group.
Keywords/Search Tags:Inmates, Right of Birth, Restrictive Rights, Flexible Sentence System
PDF Full Text Request
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