The Constitutional Protection Of The Male Reproductive Rights

Reproductive rights originally been established in the feminist movement toflourish and continue to adapt to the situation of the population policy of thegovernment need to boost the final.Fertility legal system undoubtedly designed fromthe start to the protection of the rights of women as the standard.Accompanied withthe progress of the times and the development of reproductive technologies, theconcept of fertility continue to be a change, a variety of new phenomena have begunto emerge.At this stage, due to unauthorized abortion women, unreasonably refusedto fertility and family instability phenomenon is not uncommon;Artificialreproductive technology makes the "surrogate " become a controversial fact thatbehavior that challenges the traditional reproductive rights, and its technicalrationality can at least protect the reproductive rights of men get more freedom, thelegal system is not tolerance;In sharp contrast with universally recognized by meansof legislation male fertility false, strengthen the government’s social securityobligations of the male reproductive rights is reflected in China’s social securitysystem and the implementation of family planning policy in governmentdecision-making oriented and its associated institutional measures is obviously a lackof respect and care for men ’s rights.All this makes clear: the legal system of China ’scurrent fertility there are obvious defects, cavities and lag, the weak position of themale fertility legal relations continue to highlight the female fertility in the practice offertility relationship run free out of control, together with its legal protection andrelief mechanisms is not perfect, Past the right balance of relations between thepattern in practice often be broken, which imported a variety of reproductive rightscontroversy after another, protection of the right of male fertility problems began toemerge.The Male reproductive rights form an integral part of the reproductive rights.The rights proposed to protect both men and women reproductive freedom basedproperties of the right to freedom and the right to choose;Same time, it relative tosafeguard the rights and obligations of the principles of the premise, it is also in linewith the characteristics of the right to request; addition, women ’s reproductive rights,the male fertility right to highlight in order to protect social sustainabledevelopment-oriented social rights, the Government should also male fertilityrealization of the right to assume security responsibilities;To this end, the malereproductive rights should be respected, especially when their rights against malicious encountered the main, should become the subject of men to seek legalremedies.From the legal maternity legal system to the fertility relationship adjustmentto take into account the interests of both men and women and embodies the rights ofthe weak the tilt protection legislation based, to comply with the principle of equalprotection of reproductive rights in the real sense of the.From a system point of view,the traditional fertility law on fertility relations of adjustment to a greater extent andmore embodied in the field of women ’s rights-based. Its legislation is the seer:Female is the socially weak the fertility relations versa.Needless to deny women theright to health and the right to rest the perspective of reproductive behavior concernedin its moderate to tilt protection is necessary.Option reproductive behavior and itsimplementation way, women apparently naturally have more freedom and moreinitiative. In other words, the in traditional fertility legal system to adjust and buildon fertility relationship fertility legal relationship, the women are in a strongend.Quality words, the adjustment of the the traditional reproductive system fertilityrelationship highlights the obvious tendency of " overkill " in many areas. The factsshow that in the traditional fertility legal system within the framework of the absenceof male care, male reproductive rights is an extremely fragile right.Constitution on fertility legal relationship " secondary balance", the first shouldbe within the framework of the Constitution, the right to reproductive substantiallydetermine fit the principle of "equal freedom" and "reasonable difference" as ahighlight of basic human rights, reproductive rights confirm its constitutionalityexplain the process can not be missing at least men care;Second, should be based onthe power of running at the present stage fertility relationship pattern, follow theprinciple of constitutionality of laws and regulations related fields to supplement,modify and adapt, to highlight modern reproductive system of law and justice, tochange the traditional fertility legal relationship the men are always in a vulnerableone end of a disadvantage;Again, is also very important, that is, should reflect theGovernment to accept a modest security responsibilities on male fertility rights. Suchas may be established by the " Social Insurance Law " or special " maternity insurance" level to give men maternity leave; addition, as a constitutional terms of the basicnational policy of family planning policy in the implementation process of citizens,including the male reproductive rights restrictions too strict, the constitutionality ofthe need to make the appropriate adjustment.