Research On The Protection Of The Rights And Interests Of Lactating Women

The "three-child" fertility policy helps to realize the national population development strategy and adjust the labor force structure,but to a certain extent,it exacerbates the contradiction between female fertility and employment.At the same time,the phenomenon of lack of related fertility supporting services still exists.How to further protect women’s reproductive rights and create a fertility-friendly social atmosphere has become a key issue.As an important part of the national maternity protection legal system,breastfeeding protection is closely related to women’s health rights,labor rights and other basic rights and interests.Taking the opportunity of the adjustment of the national fertility policy,this paper reviews the existing legal system for the protection of breastfeeding women’s rights and interests,aiming at employers’ violation of the labor rights and interests of breastfeeding women,inadequate implementation of reproductive health care services during breastfeeding,and lack of breastfeeding facilities in public places.Realistic problems,put forward targeted improvement suggestions and countermeasures,and provide theoretical support for the country to implement the protection of the rights and interests of lactating women.Except for the introduction and conclusion,this paper mainly focuses on the following four parts to analyze and research:The first part comprehensively sorts out the national and local legislation on the labor rights and interests of breastfeeding women and their specific contents,such as the arrangement of breastfeeding time,limitation of work intensity and dismissal protection;Maternal and child health services,special protection against domestic violence,and regulation of breast-milk substitutes.The second part summarizes the main problems faced by lactating women’s labor rights,health rights and the protection of breastfeeding rights in public places,combined with existing laws and regulations,empirical data and relevant cases,to explore the deep-seated reasons behind these problems.The third part studies and draws lessons from the legislative experience of breastfeeding rights protection outside the territory.The first is to sort out a series of relevant international rules on the protection of women’s breastfeeding rights,and my country’s follow-up implementation of the international conventions that it has participated in.Secondly,it lists the legislation and policy provisions of Germany,the United States,Canada and other countries on the protection of breastfeeding rights,and draws on the successful experience in the relatively complete legal systems of these countries,such as anti-employment sex discrimination legislation,childcare allowances,and legislative protection of breastfeeding rights in public places.The fourth part,based on the actual situation in my country and the experience of foreign countries,puts forward suggestions for improving the rights and interests of breastfeeding women in my country under the current legal system of maternity protection.And improve the legal protection of breastfeeding in public places.First,improve the employment environment for female workers by improving the gender discrimination mechanism in employment,designing a flexible work system and strengthening labor security supervision mechanisms;second,by standardizing the maternal and child health care service system,promoting public care services and strengthening the sales of breast-milk substitutes The third is to improve the legal protection of breastfeeding in public places by embodying the concept of gender equality in legislation and establishing a complete management mechanism for public mother and baby rooms.