Study On Constitutional Protection To Reproductive Right

Reproduction is not an inherent right, which evolved to be a right under the impulse of the feminism movement and the population control project of the government. However, who has the reproductive right? We still haven't come to a conclusion in the theory and legislation. Someone think the couple in a legal marriage can have such right , someone think only women have the right, while some other people think everyone can be the holder of such right, as long as he/she is a human being. Having analysed the theories , laws and the cases about reproductive right, my conclusion is: reproductive right is not only a right between the people who have equal status in the law ,but also a right which is used to regulate the relationship between the government and citizens. The reason for such division is the twoness of reproduction. We can find a lot of differences between the constitutional reproductive right and the one in civil law. First, the constitutional reproductive right is a human right which emphasizes the qualification of everyone to be a father or a mother, and the government should follow some principles and procedures to restrict or even deprive this right, while the right in civil law is used to resolve the dissensions between husbands and wives, so the holders of the right are couples, besides, the way to realize the right is managing to a consensus by negotiation. Second, being a right in public laws, constitutional reproductive right can be used to resist public power, which makes demarcation for public power. Third, being a basic citizen's right, constitutional reproductive right can be used to promote the construction of a legal system of reproductive right.Besides, the constitutional resources and the birth control system in our country offer much possibility for reproductive right to be included into Constitution. From the macroscopical view, the basic constitutional status of birth control in our country requires us to discuss reproductive right in the constitutional level. From the microcosmic view, the government uses a lot of administrative measures to restrict or even deprive reproductive right, response to such interferences, we should discuss reproductive right from the constitutional view.The significance of amending our Constitution is: restrict the legislate power, establish the standards when the government restrict the right, establish the principle of proportion, establish the principle of equal protection. Meanwhile, being the continuing and embodiment, we should perfect our legislation about reproductive right, which make them accord with the constitutional principles.In this thesis, I will put forward the topic of reproductive right by some cases at first, then I will introduce some typical cases in other countries, whose experiences will be useful in our research of reproductive right in China, later I will trace back the history of reproductive right, and analyzed it's social and cultural backgrounds. At last I will describe the actuality and shortage in the protection of reproductive right in China, and introduce some ways to improve it.