Obstacles to Exercising Reproductive Rights for Single Women in China and Legal Recommendations

Risk Manag Healthc Policy. 2023 Oct 16:16:2125-2138. doi: 10.2147/RMHP.S422754. eCollection 2023.

Abstract

Purpose: Reproductive rights represent an intrinsic and pivotal human entitlement, encompassing legal protection for procreation. Essential to this framework is the recognition that single women equally deserve reproductive rights. Although Chinese legislation refrains from overtly disallowing reproductive rights for single women, the interplay of conventional marriage norms and family planning policies has inadvertently tied these rights to marital status, consequently constraining single women's ability to assert them. The establishment of a robust legal structure to ensure reproductive rights for single women would profoundly contribute to advancing a harmonious evolution of China's population dynamics.

Patients and methods: We employ meticulous textual scrutiny to analyze comprehensively the stipulations concerning women's reproductive liberties within the framework of Chinese jurisprudence. Furthermore, we engage in empirical inquiry to enumerate and elucidate the multifarious constraints placed upon the reproductive freedoms of unmarried women in the Chinese context. This endeavor entails a detailed exposition and incisive examination of China's limitations imposed upon the reproductive rights of single women, encompassing both legal strictures and policy dimensions.

Results: The absence of legal endorsement and safeguarding has given rise to substantial impediments to the exercise of reproductive rights among single women in China. Not only do endeavors to assert reproductive rights on behalf of single women encounter intricate challenges in judicial implementation, but they also encounter manifold barriers within national policies. This predicament not only subjects single women to considerable psychological strain but also contradicts the overarching objective of achieving a harmonized population development trajectory in China.

Conclusion: China should expedite the development of a legal framework for protecting reproductive rights that includes provisions for supporting single women to have children. This legal apparatus should efficaciously enshrine and shield the reproductive rights of single women, thus playing a pivotal role in advancing a more equitable and well-balanced trajectory of population development.

Keywords: Chinese law; psychological; reproductive justice; reproductive limitations; reproductive rights; single women.

Grants and funding

This research was funded by the Key Project of Xinjiang Social Science Fund (Grant No. 21AZD004); Intramural Cultivation Project of Xinjiang University (Grant No. 23APY003).