The woman's right to have children naturally includes her choice not to have children. Details are as follows:
1. As a basic human right, the reproductive right is different from other political rights such as the right to vote and the right to association granted by the Constitution and laws, and cannot be deprived at any time; Childbearing is not the inevitable result of marriage, and women are not fertility tools. Since citizens have the right to bear children, they should also enjoy the freedom of not bearing children. Men and women enjoy equal rights in reproductive issues;
Both male and female citizens have the right to have children. The woman's right to have children is based on her personal rights, while the man's right to have children is based on his spouse's rights.
3. Women enjoy independent rights on the issue of childbearing, regardless of the wishes of their husbands.
legal ground
People's Republic of China (PRC) Civil Code
Article 110 A natural person enjoys the right to life, body, health, name, portrait, reputation, honor, privacy and marital autonomy.
Legal persons and unincorporated organizations enjoy the right of name, reputation and honor.
Population and family planning law of the peoples Republic of China
Article 33 Family planning technical service institutions and medical and health care institutions engaged in family planning technical services shall, within the scope of their respective duties, publicize and educate people of childbearing age about the basic knowledge of population and family planning, and undertake consultation, guidance and technical services in family planning and reproductive health care.
protection of women and children of the people's republic of china
Article 38 Women's right to life and health is inviolable. No drowning, abandonment or mutilation of baby girls; Discrimination and abuse of women who give birth to baby girls and infertile women are prohibited; It is forbidden to harm women by superstition, violence and other means; Abuse and abandonment of sick, disabled and elderly women are prohibited. Article 51 Women have the right to have children in accordance with relevant state regulations, and also have the freedom not to have children.
Couples of childbearing age have family planning in accordance with the relevant provisions of the state, and the relevant departments shall provide safe and effective contraceptives and technologies to ensure the health and safety of women undergoing birth control surgery.
The state implements the system of premarital health care and maternal health care, and develops maternal and child health care. People's governments at all levels shall take measures to ensure that women enjoy family planning technical services and improve their reproductive health. Article 29 The State promotes the maternity insurance system and establishes and improves other maternity protection systems.
Local people's governments at all levels and relevant departments shall provide necessary maternity assistance to poor women in accordance with relevant regulations.