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Research On The Withdrawal Of China's Reservation To Article 6 Of CRC

Posted on:2021-01-26Degree:MasterType:Thesis
Country:ChinaCandidate:H B OuFull Text:PDF
GTID:2416330611960972Subject:Law
Abstract/Summary:PDF Full Text Request
Children are the hope of the country,an indispensable and important force in social development,closely linked to the future progress of society.As one of the important contents of the protection of international human rights law,children's rights are particularly concerned by the international community,and the Convention on the rights of the child,as the protection of children's rights and interests,is naturally concerned by all countries,attracting countries all over the world to join in succession,at the same time,many countries have put forward many reservations.This paper intends to study the practice of China's reservation to Article 6 of CRC,analyze the necessity and feasibility of China's withdrawal of the reservation,and at the same time,consider the need to withdraw the reservation,which is of great significance to improve relevant provisions and protect the rights and interests of children.Children's right to life,survival and development is one of the important protection contents of CRC,which plays an important role in children's survival and development.In orderto attract more countries to join the Convention,the definition of children is vague.It only sets the upper limit of children's age without setting the starting time of children.At the same time,it does not prohibit the State Party from making reservations.In my opinion,it was necessary to make a reservation to Article 6 at that time.There were differences between domestic laws,regulations and policies and the Convention.In order to avoid the conflict of application,the reservation was made.As the status of the right to life of the fetus becomes more and more prominent and gradually protected globally,at the same time,the rights and interests of the life of the fetus are infringed and cannot be reasonably protected,which needs to be further adjusted;and the connotation of women' reproductive rights is constantly changing.Due to the influence of family planning policy,women' right to independent birth is limited to a certain extent and cannot be fully exercised Reproductive rights.On the other hand,the family planning policy is constantly adjusted in the development process,and it will lose its realistic basis to keep the clause;at the same time,domestic laws are constantly changing,especially in the civil law in recent years,the interests of the fetus are gradually recognized,which providesfeasibility for withdrawing the reservation.Therefore,the government can consider withdrawing the reservation in time.As a state party to the Convention,it should comply with the obligations given by the Convention as much as possible,and should not derogate from its obligations under the Convention by the provisions of its domestic law,so as to maintain the integrity of the treaty.A careful research of China's withdrawal of the reservation in Article 6 of CRC is of great significance to the examination of other Chinese reservations and the protection of children's rights and interests in life.
Keywords/Search Tags:Treaty reservation, right to life of fetus, reproductive rights, family planning
PDF Full Text Request
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