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Perspective of reproductive rights under the family planning policy

Author: LaiLiangZhou
Tutor: WangWei
School: Fudan University
Course: Constitutional and Administrative Law
Keywords: Family planning policy Reproductive Rights Human rights
CLC: C924.21
Type: Master's thesis
Year: 2011
Downloads: 438
Quote: 0
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Abstract


In China , family planning is a sensitive , sharp but had to face a serious topic . 1982 enactment of section 49 , paragraph 2 , of the Constitution of the People's Republic of China stipulates : \However , this obligation set but then human rights , in particular, caused some damage to the reproductive rights of citizens . So, does this policy can shelter in the value system of human rights it? In fact, human rights are not absolute protection . Reproductive rights in our country , no limit will be a fierce conflict with the citizen 's right to exist . In this particular situation , the restrictions on reproductive rights does not violate legal principles , and is a must . Even so , this policy shall comply with basic standards of human rights , should not be too harsh . In addition to the obligations set in the family planning and family planning policy protection mechanism also caused reproductive rights of citizens and a series of related rights against certain extent . The fertility conditions set resulting in some people's reproductive rights can not be guaranteed , unplanned births punitive measures hurt the legitimate rights and interests of citizens . These specific system design and implementation also need to be assessed from the point of view of maintaining reproductive rights and adjustment , otherwise this may be the constitutionality of the constitutional obligations will result in the loss of constitutional legitimacy . The core of the adjustment of the policy protection mechanism is able to fulfill the balance between the protection of individual 's reproductive rights and the protection of family planning obligations . China's family planning policy for the limits of reproductive rights the crack is rare in the world , there are violations of civil rights phenomenon in the implementation process . Analyzed from the point of view of reproductive rights , this policy still adjust the sound space . Taking into account China's actual situation , this policy should be no doubt to protect reproductive rights , the protection of human rights in the direction to make tilt , change and improvement in the human rights guidance .

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CLC: > Social Sciences > Demographic > Investigation and research of the world population > China's population > Population policy and institutional
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