THE CONFLICT AND COORDINATION BETWEEN WOMEN'S REPRODUCTIVE RIGHTS AND EMPLOYMENT RIGHTS UNDER THE THREE-CHILD POLICY
MIAO CHUNGANG *
Department of Political and Law, North China Electric Power University, Baoding, Hebei, China.
*Author to whom correspondence should be addressed.
Abstract
The Chinese government are implementing the policy of having three children under the pressure of the aging, a major adjustment of the birth policy have had an impact on the female employment which has already been fragile. How to balance the conflict between women's reproductive rights and employment rights has become a realistic social legal issue. This article uses the method of sociology of law to discuss the solution of problems under the current legal framework from the perspective of interest balance. At the same time, the case analysis method is used to analyze the judicial evolution of the protection of women's right to close a business with the help of typical cases. Finally, this article points out that the country and society should solve the balance of interests from the legislative and judicial levels, and explore ways to protect women's rights. Specifically, in legislation, the civil law, labor law and other laws should refine the protection of women's rights , and strive to promulgate the "Anti-Employment Discrimination Law" as soon as possible . Judicially, we must strengthen the protection of women's rights through the guiding role of guiding cases.
Keywords: Three-child policy, reproductive rights, employment rights, balance of interests