Legal Guarantee For The Realization Of Single Women’s Reproductive Rights

As our society develops and people are getting more open-minded on marriage and fertility,single women’s demand for reproductive rights has become increasingly strong.However,single women in China face actual obstacles in obtaining their reproductive rights.First,there is a lack of legal basis,that is the principled provisions in the constitution are ambiguous,the rights provisions in the basic law are weak,the prohibitions in the departmental regulations are clear,applicability of local regulations is questionable.Second,there is a lack of supporting mechanisms.For instance,no childbirth permits policy is accessible and maternity insurance mechanism lags behind.Third,there is potential risks and concerns,including "four risks" of jeopardizing intergenerational equality,inducing inbreeding marriages,impacting family order,and breeding the objectification of gametes.In fact,there is a basis for the realization of single women’s reproductive rights.The first is the demand for this right is realistic.Our culture is getting more open,the number of single women rises abruptly,and the low fertility rate continues,all contribute to the single women’s reproductive being a “release”.Second,legitimacy of law.Single women’s reproductive rights are the real reflection on the supreme freedom.It is included in basic human rights.It is an inevitable requirement for the realization of equal rights.It is a direct reflection of the attributes of human rights.Third,it is technically feasible.The reliability of technology development and the acceptability of technology costs have smoothed out technical barriers to the realization of single women’s reproductive rights.Fourth,the risk is under control.On the one hand,there is no basis for "jeopardizing intergenerational equality" and "impacting family order";on the other hand,the risks of inbreeding and gamete materialization can be prevented.This paper appeals for building a systematic mechanism to guarantee the reproductive rights of single women.To realize it,the constitution should go first,the basic law echo with it,and policies should be adjusted to provide legal basis and support for s ingle women realizing their reproductive rights.Moreover,to avoid the abuse of single women’s reproductive rights,reasonable restrictions can be imposed in terms of age,qualification and number of children.In order to ensure the implementation of the system,the operation mechanism can be regulated in four dimensions: application,audit,notification,execution,and relief.Finally,in view of the lack of mandatory of administrative measures,it is suggested that charges of "illegal sale of sperm,eggs and embryos" be set for risk-adverse.