Research On Parenting Right From The Perspective Of Constitutional Law

Our country proposed to explore the implementation of parental leave in the ‘14th Five-Year Plan’ and the draft outline of the Vision goal of 2035.The legal status of parental leave was established in the third amendment to the Population and Family Planning Law in 2021.Some provinces have revised local legislation to ensure the realization of parental leave.Parental leave reflects the expectation of society as a whole for a better balance of childcare responsibilities and the prevalence of childcare pains and difficulties in society.Childcare is both a family matter and a shared responsibility of parents.In the right to parental leave,the distribution of parental responsibilities between the child’s parents,the emphasis on the father’s role,the reaffirmation of the father’s family responsibilities,and the greater involvement of men in parenting can not only promote harmony between families,but also help to reduce the pressure on women to raise children,better protect women’s physical and employment rights,and promote the equal status of both sexes in the family and the workplace.Parental leave can be seen as an important expression of the state’s affirmation of citizens’ right to childcare,and the exploration and implementation of parental leave can be seen as guaranteeing the realization of citizens’ right to childcare.This article is divided into four parts,which examine the right to parental leave from the perspective of constitutional law.The first part is an overview of the right to parental care.First,the origin of the right to childcare is analyzed.By sorting out the historical lineage of the development of the right to procreation,discussing the connotation of procreation,the connotation and nature of the right to procreation,and clarifying the contents covered by procreation and the right to procreation,it is concluded that the right to procreation is not a single right,but a right that is a combination of the right to procreation and the right to parenting,and a right that can be studied by divesting the right to procreation in a divided manner.Both birth rights and child-rearing rights are part of reproductive rights,and birth rights and child-rearing rights are two separate rights that are interrelated and distinct from each other.Second,the concept of parental rights is defined,and the nature of parental rights and related basic theories are analyzed.The right to childcare can be defined as the right of citizens to raise their children,who have parental rights within the scope of the law,without unlawful interference in order to promote the healthy growth and development of the children until they have full civil capacity,and the right to material assistance,childcare leave,housing subsidies and other social public services for the purpose of childcare and education,which are within the scope of childcare.The right to raise children has both public law and private law attributes,and has the nature of a fundamental right of identity in the interest of personality.Theories of fundamentalism,feminism and welfare statism are closely related to the development and improvement of the right to childcare.In the second part,the provisions of the relevant laws in China on the right to childcare and the existing problems are sorted out.We find the constitutional origin of the right to childcare from Article 49 and Article 25 of the Constitution,sort out the legal provisions on the content of the right to childcare in the Law on the Protection of Minors,the Law on Population and Family Planning and the local Regulations on Population and Family Planning in China,and conclude that the right to childcare in China has the problems of insufficient attention to protection and imperfect local legislation.The third part compares the protection of parental rights in overseas countries.By comparing the protection of parental rights in Northern Europe,the United States,the United Kingdom,Germany,France,South Korea and Japan,we summarize the inspiration of the protection of parental rights in foreign countries.In the fourth part,we propose recommendations for the protection of parental rights in China.The basic contents of the legal protection of parental rights are clarified,including the status,content and nature of the right subjects of parental rights;the coordination and coordination of the protection of parental rights by departmental laws are improved;and the protection of parental rights by local regulations and rules is improved.Finally,it is concluded that parental rights and birth rights together enrich the connotation of reproductive rights,and birth rights cannot be fully realized without adequate protection of parental rights,and legal research on the protection of parental rights is as urgent as a star.