我国二胎高龄女性权利保障研究

发布时间：2018-07-03 01:36

本文选题：“全面二孩”政策 + 二胎　；参考：《湖南工业大学》2017年硕士论文

【摘要】：2016年全面放开二孩政策正式实施。所谓全面放开二孩政策是指在原本计划生育政策的基础上,规定符合条件的夫妇允许生育“二胎”。二胎政策的放开首先是对当前我国人口结构变迁和“老龄化”社会压力的一种应对;其次是“双独二胎”政策与“单独二胎”政策在实施中效果差强人意,低生育率现象并没有得到明显改观。二胎政策的实施不可避免地带来高龄产妇增多这一全新问题。女性孕育二胎的过程中其人身权利、经济与就业权利和婚姻家庭权利等都遭到相应侵犯。第一,二胎政策实施给二胎高龄女性的健康权带来挑战。二孩政策不利于二胎高龄女性在生育二胎过程中的权利尤其是生育权利的保障;更重要的是家庭因素以及客观的生理因素决定了高龄产妇的风险。第二,二胎高龄女性的经济与就业权利也面临着诸如丧失就业机会、职业深造受到影响、继续教育可能性变低等问题。第三,二胎高龄女性婚姻家庭权利保障也会出现一些问题,其主要包括家庭负担变得更大、女性在家庭生活中利益易被侵犯、离婚时财产分割处于不利地位等。第四,二胎高龄女性社会福利保障权利同样面临着被侵犯的可能,最明显的是生育保险报销制度不合理带来的女性社会保险权受损,以及生育休假制度不完善带来的女性正当的休息休假权利得不到很好保障。面对上述问题,国家应积极采取措施,对于当前的法律法规以及相关政策进行完善。首先应完善人口与计划生育政策及法律,保障女性生育二胎的时间选择权,并相应简化相关程序服务二胎高龄女性,与此同时加强对二胎高龄女性生育健康的保护。其次,完善法律对二胎高龄女性劳动权利的保护,如完善立法禁止对生育二胎女性性别歧视;加强对二胎高龄女性的教育与职业培训支持等。再次,完善对二胎高龄女性的婚姻家庭权利,其重点应保障评估家事劳动价值维护生育二胎女性权利,将女性劳动投入家庭共同财产以及完善二胎高龄离异女性的经济支持和保护等。最后,应建立和完善二胎高龄女性权利社会保障制度,完善生育保险立法保障女性生育权,并明确相关政府及社会机构保障女性权利的职能等。
[Abstract]:The two child policy was formally implemented in 2016. The so-called comprehensive release of the two child policy means that on the basis of the original family planning policy, the couples who are eligible for birth are allowed to have "two births". The opening of the second child policy is the first response to the current population structure changes and the social pressure of "aging" in our country; the second is "double independence". The effect of the second child policy and the "single child" policy is poor in its implementation, and the phenomenon of low birth rate has not been greatly improved. The implementation of the second child policy inevitably brings about the new problem of the increase of the older women. The right to human, the economic and employment rights and the rights of marriage and family are all met in the process of women's second birth. First, the implementation of the second child policy challenges the right to health of the older women of the second child. The two child policy is not conducive to the protection of the rights of the second child in the second child, especially the reproductive rights; the more important is the family factors and the objective physiological factors that determine the risk of the older women. Second, the older women of the second child. The economic and employment rights are also faced with such problems as loss of employment opportunities, professional depth of work and the lower possibility of continuing education. Third, there are some problems in the protection of the rights of marriage and family in the two pregnant women, which mainly include the greater family burden, the vulnerability of women in their family life and the property points in the divorce. Cutting is at a disadvantage. Fourth, the rights of social welfare guarantee for women of the second child are also faced with the possibility of being infringed. The most obvious is that the women's social insurance rights are damaged by the unreasonable birth insurance reimbursement system, and the right of women's proper rest and vacation caused by the imperfection of the system of maternity and vacation is not well guaranteed. The state should take measures to improve the current laws and regulations as well as the relevant policies. First, we should improve the policy and law of population and family planning, guarantee the right to choose the time of the second birth of women, and simplify the relevant procedures to serve the older women of the second child, and at the same time strengthen the health of the women of the second child. Secondly, we should improve the protection of the labor rights of the women of the second child, such as perfecting the legislation prohibiting the sex discrimination of the two born women, strengthening the education and vocational training support for the women of the second child. In the end, we should establish and improve the social security system for the rights of the women of the second child, perfect the legislation of the birth insurance and ensure the female reproductive rights, and make clear the functions of the government and the social institutions to guarantee women's rights.
【学位授予单位】：湖南工业大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.1

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