Research On Protection Of Reproductive Rights Under The Background Of Three-child Policy

At present,China’s population is facing a double crisis in both increment and structure,the trend of fewer children,aging and non-marriage is obvious.In order to actively reverse this situation,China’s fertility policy has been deeply adjusted.The Party Central Committee and The State Council promulgated the "three-child" policy in 2021,and it has been clarified in the form of legislation.However,according to the current data,the effect of the birth policy is not as expected,and China’s population has experienced negative growth for the first time in 61years(fewer births than deaths in 2022).Based on the concern about the poor effectiveness of the three-child policy,this paper discusses the relationship between the fertility policy and population development,and finds that there is a deeper problem behind the population data-inadequate protection of reproductive rights.China’s current laws and regulations do not clearly stipulate reproductive rights,and the academic community has different views on the nature and subject of reproductive rights,etc.In this paper,based on the background of the three-child policy,the basic concept and connotation of reproductive rights are sorted out and analyzed.The restraining family planning policy has been implemented in our country for a long time.The original intention of the policy is to realize the needs of the national macro development and to protect the national right to survival and development.From the perspective of system and practice,it has played a role in restraining the excessive growth of population and alleviating the prominent contradiction between population and resources in a specific historical period,but many families have also made sacrifices for this,and encountered various degrees of obstacles when exercising their reproductive rights.After in-depth research,since the promulgation of the three-child policy,a new fertility system with respect for fertility,support for fertility,and protection of fertility as the internal logic has taken shape,but there are still problems such as irregular legislative protection,imperfect administrative protection,and imperfect relief mechanism.In order to effectively boost fertility willingness and truly establish a childbearing friendly society,it is urgent to build a systematic,solid and complete protection system.This paper analyzes the characteristics of the protection of birth right and the reform trend of birth system in the world,as reference for improving the current situation of the protection of birth right in China.At first,this paper proposes to strengthen legislative protection,promote reproductive rights into the constitution,amend and improve relevant laws and regulations,and abolish a series of legal norms and policy documents that traditionally inhibit fertility.Secondly,this paper proposes to improve the administrative guarantee,enrich the content of administrative guarantee,promote the active cooperation of the government departments involved,build a supervision mechanism,and give full play to the role of social forces;Finally,the country should improve the reproductive rights relief mechanism.