查看原文
其他

A Woman’s Body is Her Own Business (Part 2)

Sophie Mao LegalTips 2020-01-23

Tap "LegalTips" to follow us

Related artilces:A Woman’s Body is Her Own Business
Female Employee Rights in China
It’s a biological rule that women have a shorter reproductive period than men.  However, in modern society, a woman's marriage is generally delayed. Even married women have to postpone giving birth to a baby because of competition in promotion or their personal plans for career development, etc. It seems that egg freezing provides women with a choice regarding the timing of giving birth to baby.从生物学规律来说,女性的生育期比男性短。 然而,在现代社会,妇女通常会比较迟结婚。甚至已婚妇女因为升职的竞争或她们的个人职业发展计划等原因,也不得不推迟生孩子。卵子冷冻似乎为妇女在择时生孩子方面多提供了一种选择。

The HARTC issued by the former Ministry of Health states: "The implementation of human assisted reproductive technology to couples and single women who do not comply with the national population and family planning regulations and regulations is prohibited." However, this provision not only has no legal basis, but also conflicts with existing laws in China, such as:前卫生部制订的《人类辅助生殖规范》规定:"禁止给不符合国家人口和计划生育法规和条例规定的夫妇和单身妇女实施人类辅助生殖技术”。但是,这一规定不仅没有法律依据,而且与中国现行法律相冲突,如:


Article 51 of the Law on the Protection of Women's Rights and Interests states: "Women have the right to have children in accordance with the relevant provisions of the State, as well as the freedom not to have children."《妇女权益保障法》第51条规定:"妇女有按照国家有关规定生育子女的权利,也有不生育的自由。


Article 25 of the Marriage Act also provides that: "children born out of wedlock have the same rights as children born in wedlock and no one shall be subjected to harm or discrimination."《婚姻法》第25条也规定:"非婚生子女享有与婚生子女同等的权利,任何人不得加以危害和歧视。


Article 17 of the Population and Family Planning Act provides for the "right of citizens to have children", which clearly includes single women and is not limited to couples in marriage.《人口与计划生育法》第17条规定了"公民有生育的权利",其中显然包括单身妇女,并不限于结婚的夫妇。


Although these are some general provisions on the reproductive rights of single women in Chinese legislation. But according to the principal of "A citizen can do anything which is not prohibited by law", as long as it does not hurt the public interest, people have the liberty to choose the life they want to live, we believe that single women (or unmarried women) deserve the right to freeze their eggs.虽然这些都是中国立法中关于单身妇女生育权利的一些一般性规定。但是,根据"法无禁止即自由"的法理,只要不损害公共利益,人们就可以自由地选择自己想要的生活,我们相信单身女性(或未婚女性)应该享有 冷冻他们的卵子。


Furthermore, according to the current "Basic Standards and Technical Specifications for Human Sperm Banks" in China, the conditions for self-preservation are explicitly mentioned as "reproductive insurance" for the purpose of keeping sperm for future births, and there is no need to be married. To allow single men to freeze sperm on the one hand, and to prohibit single women from freezing their eggs on the other hand, is blatant gender discrimination.此外,根据我国现行《人类精子库基本标准和技术规范》,关于自精保存者的条件中明确提到可以出于“生殖保险”的目的,不一写需要结婚。一方面允许单身男子冷冻精子,另一方面禁止单身女性冷冻卵子,这是公然的性别歧视。


In reality, many excellent women do not want to rush into marriage if they haven’t found their “Mr. Right” yet. However, the optimal age for women to give birth is before the age of thirty-five. For women who have not yet found their “Mr. Right” at the age of 35, they are likely to lose the chance of raising children for the rest of their lives, without resorting to egg freezing or other assisted reproductive technologies.在现实中,许多优秀的女性不想急着结婚,如果他们还没有找到自己的理想对象。然而,妇女生育的最佳年龄是在35岁之前。对于35岁尚未找到理想对象的妇女来说,如果不借助卵子冷冻或其他辅助生殖技术,她们很可能失去在余生中抚养孩子的机会。


The biggest benefit of egg freezing and other related assisted reproductive techniques is to help this group of women to extend the window of their reproductive capability and help them fulfill their desire to become a mother. In addition, many women are capable of raising children on their own. We also have to respect their right of choosing to raise children differently.卵子冷冻和其他相关的辅助生殖技术的最大好处是帮助这群妇女延长生育的时间窗,帮助她们实现成为母亲的愿望。此外,许多妇女有能力独自抚养子女。我们必须尊重他们选择以不同方式抚养儿童的权利。


In fact, in China, many single women have the need to freeze their eggs, there are many professional medical institutions which have the technology to provide such services. But some single women have to choose to freeze their eggs overseas (which is much more expensive and cumbersome), just because domestic regulations prohibit single women to do so.事实上,在中国,很多单身女性需要冷冻卵子,有很多专业医疗机构有技术提供这类服务。但是,一些单身女性不得不选择在海外冷冻卵子(这更昂贵和麻烦得多),只是因为国内法规禁止单身女性这样做。


On the other hand, according to recent statistics, the population of newborn babies in China is falling rapidly, despite the policy of removing restriction for a second child of the average Chinese family. Some experts are worried about the declining population in the near future and are calling for incentives to encourage young women to have more children.另一方面,根据最近的统计,中国新生婴儿的数量正在迅速下降,尽管目前中国的政已经取消了对第二个孩子的生育限制。一些专家甚至担心在不久的将来人口会下降,呼吁要采取激励措施,鼓励年轻妇女多生孩子。


Why then deny healthy and capable women the right to have a child in the first place – even if it’s brought about by reproductive medicine?那么,为什么还要剥夺健康、有能力的妇女生孩子的权利——即使生殖医学带来了这种权利?Tell me what do you think?

    您可能也对以下帖子感兴趣

    文章有问题?点此查看未经处理的缓存