2011•Journal of Nanjing College for Population Programme ManagementRequires access

A Study of Reproductive Rights to be Embodied in Constitution as a Basic Human Right

FU Chuang-y

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Abstract

Reproductive rights should not be confined to private laws,but to a higher level involving the relationship between government and citizens,and to a level of constitutionalism and basic human rights.Whatever concerned,whether reproductive policy or social allowance system or interest-oriented mechanism,must be based on the recognition that reproductive rights are basic human rights.The universality,morality and importance of the rights,reflecting its content and value,have been explained in the existing international treaties,judiciary abroad and domestic legal system.Under the present legislation of our country,it is hard to define the rights as basic human rights by constitutional interpretation.Therefore,it is only through the way of amendment in Constitution to incorporate the rights in legally binding instruments can we better protect the rights.

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Reproductive rights should not be confined to private laws,but to a higher level involving the relationship between government and citizens,and to a level of constitutionalism and basic human rights.Whatever concerned,whether reproductive policy or social allowance system or interest-oriented mechanism,must be based on the recognition that reproductive rights are basic human rights.The universality,morality and importance of the rights,reflecting its content and value,have been explained in the existing international treaties,judiciary abroad and domestic legal system.Under the present legislation of our country,it is hard to define the rights as basic human rights by constitutional interpretation.Therefore,it is only through the way of amendment in Constitution to incorporate the rights in legally binding instruments can we better protect the rights.

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Available abstract

Reproductive rights should not be confined to private laws,but to a higher level involving the relationship between government and citizens,and to a level of constitutionalism and basic human rights.Whatever concerned,whether reproductive policy or social allowance system or interest-oriented mechanism,must be based on the recognition that reproductive rights are basic human rights.The universality,morality and importance of the rights,reflecting its content and value,have been explained in the existing international treaties,judiciary abroad and domestic legal system.Under the present legislation of our country,it is hard to define the rights as basic human rights by constitutional interpretation.Therefore,it is only through the way of amendment in Constitution to incorporate the rights in legally binding instruments can we better protect the rights.

Key concepts: Human rights, Fundamental rights, Right to property, Reproductive rights, International human rights law, Social rights, Constitution, Law

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