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Chinese Regulation on Reproductive Rights and International Law

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Title: Chinese Regulation on Reproductive Rights and International Law
Author(s): Mo, Peien
Contributor: University of Helsinki, Faculty of Law
Discipline: International law
Language: English
Acceptance year: 2020
Abstract:
This thesis analyzes Chinese regulation on reproductive rights. Since 1949, China’s policy on regulation of population has changed many times. The main reason behind the regulation is to coordinate with the economic and social development of China, as stated in China’s domestic laws. Though economic and social development is a legitimate aim, Chinese regulation of people’s reproductive rights may still violate international law, especially international human rights law. In the first chapter of the thesis, the author explains how Chinese reproductive rights are regulated, in order to present to the readers about the historical trace of family planning policy and provide a full picture of the ups and downs of the policy. By describing the history of China’s regulation of reproductive rights, readers may have a better understanding of the reason why China regulates people’s reproductive rights. In the second chapter, the author will discuss about China’s human rights standards and its regulation of reproductive rights. China, whose human rights standards are per se different from the western world such as the United States, usually defends itself with the human rights standards such as cultural relativism and communitarianism. With these kinds of human rights standards, the author tries to analyze if China’s regulation on reproductive rights is reasonable and if its choice of human rights standards justifies China’s regulation on reproductive rights. In the third chapter, the author will research on the legality of Chinese regulation on reproductive rights. This is the main part of the research. China has signed and ratified many international conventions and treaties which aim to protect reproductive rights and other related human rights t. In this part, the author will analyze whether China’s regulation on reproductive rights is in accordance to the international human rights law which is binding on China. In the last chapter, through the analysis of the above chapters, the author provides suggestions on how China should better comply with international law. For example, as an international trend, family planning now is becoming a human right instead of civic obligation. In order to fulfil its international obligations, China shall change its attitudes towards family planning and treat it as a service which is compulsory for the State to provide to its citizens.
Keyword(s): Reproductive Rights Chinese Family Planning Policy International law Human Rights


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