| This paper starts from the hot social topics,and discusses whether the unmarried female workers can apply for maternity insurance.Combining the basic theory of unmarried women’s reproductive rights,maternity insurance system and the current social situation,this paper analyzes the practical needs and necessity of unmarried women workers who should enjoy maternity insurance treatment,in order to put forward some own views and suggestions on whether unmarried women workers can enjoy maternity insurance treatment at present.First of all,in recent years,under the new social background,the group of unmarried female workers has grown larger and larger.The judicial practice of non-marital female workers applying for birth insurance cases has emerged endlessly,and the results of the judicial practice are different.It has been exposed that the protection of female reproductive rights is not adequate,cannot meet social needs,and the mixed judicial results will also affect our judicial credibility,so this issue urgently needs to be solved.Secondly,this paper analyzes the necessity of unmarried female workers applying for maternity insurance from the basic human rights attributes of unmarried women’s reproductive rights,the construction concept and purpose of maternity insurance system and the practical needs of unmarried female workers applying for maternity insurance.We can see that the law does not prohibit non-marital female birth rights,and non-marital female birth rights and subsequent application for birth insurance do not violate the legal concept of our country.There is no essential difference between married and unmarried female workers,no matter from the level of natural right to give birth or from the level of female workers applying for maternity insurance.They are separated just because of their marital status,and it is against the principle of fairness to pay the same social insurance but not enjoy the same maternity subsidies.Supporting unmarried women’s reproductive rights conforms to the value pursuit of legal freedom and equality.It is reasonable for unmarried women to apply for maternity insurance.Therefore,it is necessary to guarantee single women’s reproductive rights,and then protect qualified women workers who give birth out of wedlock to enjoy maternity insurance treatment.Finally,to clarify the reproductive rights of unmarried women and ensure that women workers who give birth out of wedlock enjoy maternity insurance does not mean that there are no reasonable restrictions,that nothing can be achieved without rules,and that non-wedlock childbirth should not go against the good customs and long-term development of society.However,this is not in conflict with clarifying the reproductive rights of unmarried women and ensuring that women workers who give birth out of wedlock reasonably enjoy maternity insurance benefits.Therefore,reasonable suggestions to solve the above problems should be put forward to unify and clarify the relevant legal provisions of non-marital birth rights and non-marital birth female workers and staff to apply for birth insurance,improve our birth registration system,so as to guarantee the reasonable rights and interests of non-marital birth female workers and staff. |