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Chinese Single Women Birth Rights Protection Research

Posted on:2024-08-18Degree:MasterType:Thesis
Country:ChinaCandidate:X X MuFull Text:PDF
GTID:2556307076465394Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,with the development of society and the renewal of people’s ideas,single women want to achieve fertility through human assisted reproductive technology and fertility preservation needs are increasing.But in our country all the time,female’s birth is bound with marriage,which makes the single female’s birth appeal difficult to be realized to a large extent.Whether women who have never been married want to preserve their fertility through "freezing eggs" technology,or single women who want to achieve fertility through "in vitro fertilization-embryo transfer" technology after losing their spouses,they are all hindered by policies and ethics,which greatly infringes on the reproductive rights of the female group.At present,assisted reproductive technology has been well developed in China,and there is no feasibility problem to realize the reproductive rights of single women.As long as single women are endowed with reproductive rights at the level of norms,the use of management technologies is limited to a certain extent,and the difficulties and obstacles faced by single women in childbearing are dealt with actively,disputes can be better resolved and human rights can be protected.There is no debate on the feasibility of the realization of single women’s childbearing,but there is a great dispute over its rationality.Therefore,it is slightly important to demonstrate the rationality of single women’s childbearing right from the perspective of theoretical basis and practical basis.Firstly,it is demonstrated that single women’s childbearing right conforms to the values of freedom and equality,and there is a theoretical basis for its protection.Then through the collection and collation of relevant data and the survey of public opinion,the realistic basis of the protection of single women’s reproductive rights can be obtained.From the perspective of the nature of reproductive rights,it can be proved that reproductive rights belong to personality rights,single women should also enjoy specific reproductive decision-making rights,reproductive information rights,reproductive protection rights,giving single women the legal status of reproductive rights has legitimacy.But through the analysis of current judicial and legislative status,combined with concrete cases,we can see the main problems in the protection of single women birth right.Based on the experience of foreign models,a semi-inclusive legislative model suitable for our country is selected,and specific suggestions are put forward to improve the existing problems in the protection of the reproductive rights of single women from three aspects: legislation,illegitimate children and application norms of human assisted reproductive technology.First of all,it is necessary to establish and improve the legal protection system of single women’s reproductive rights.Starting from the various levels of laws,departmental rules and local regulations,it is necessary to improve its legislative level and standardize the problems related to single women’s reproduction in detail.Secondly,to improve the norms of the use of human assisted reproductive technology,it is clear that single women can achieve fertility through two different ways under certain restrictions.Finally,the rights and interests of such children should be reasonably protected.
Keywords/Search Tags:Single woman, Reproductive right, Human assisted reproductive technology
PDF Full Text Request
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