About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


36 Int'l J.L. Pol. & Fam. 1 (2022)

handle is hein.journals/intlpf36 and id is 1 raw text is: International Journal of Law, Policy and The Family, 2022, 00, 1-23 https://doi.org/10.1093/lawfam/ebab0SS Article Calm Reflections Under Hot Demand: Do Single Women in China Have Reproductive Freedom? Peiru Yang* and Xi Chen** *Law School, Renmin University of China, China. E-mail: cuplchenxi@gmail.com **School of International Law, China University of Political Science and Law, China ABSTRACT This article discusses what would happen if a single woman in China wants to have children but not to marry. The legal framework regarding the reproductive rights of single women and relevant judicial practice will be discussed. In China, domestic legis- lation fails to regulate the reproductive rights in a uniform and systematic way. Although reproductive freedom has been granted to women by law in principle, single women have been excluded by many specific provisions governing the realisation of re- productive rights. To be specific, unlike couples, single women in China have little ac- cess to the application of assisted reproduction technology or the maternity insurance benefits. This puts them in a difficult position while exercising their reproductive rights. Although the legal basis of single women's reproductive rights has been emphas- ised by international and domestic legal instruments around the world, in China, am- biguous laws, inadequate supporting measures, and negative social opinions pose many legal and ethical obstacles that need to be overcome. This article puts forward some suggestions for improvement. I. INTRODUCTION On 11 May 2021, the report of the Seventh National Census of People's Republic of China (hereinafter 'the PRC') was published by National Bureau of Statistics of the PRC.1 The report reveals a total fertility rate of 1.3 in the year 2020, which is, for the first time in a decade, below 1.5.2 Discussions have been provoked that China might have 1 The Seventh National Census of the PRC was carried out by the National Bureau of Statistics of the PRC in accordance with the Statistical Law of the PRC and the National Census Regulations in 2020. The cen- sus mainly investigated the basic information of the population and households. The final report available at http://www.st-ats.gov.cn/tjsj/tjgb/rkpcgb/, last visit 15 October 2021. 2 China News Agency, 'An Interview with the Head of the Seventh National Census Leading Group Office of the State Council of the PRC' available at http://www.stats.gov.cn/ztjc/zdtjgz/zgrkpc/dqcrkpc/ggl/ 202105/t2021-05191817705.html, last visit 15 October 2021. © The Author(s) 2022. Published by Oxford University Press. All rights reserved. For permissions, please email: journals.permissions@oup.com . 1