From Population Control towards Family Planning -The 1994 International Conference on Population and Development and its impact on the Chinese Population Policy

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Juridiska institutionen

Författare: Linnéa Lindberg; [2007]

Nyckelord: Folkrätt; Law and Political Science;

Sammanfattning: In China, strict goal-oriented population control has been the reality for Chinese citizens since 1979. According to the Chinese population policy, Chinese citizens are only allowed to give birth to one child, with a few exceptions. The population policy has been strictly monitored by the government and implemented with highly questionable means clearly violating human rights. Ideological education, birth permits and high penalties have been ways to make people comply with policy rules. Individuals have only been able choose between IUD and sterilization and have not been allowed not to use contraceptives. If not complying with policy rules, coercion, forced abortions and sterilization have been used to ensure that number of births hasn't exceeded decided quotas. China is a state party to ICESCR and CEDAW, which obligate states to ensure the right to family planning. This means that China has the obligation to ensure Chinese citizens to decide the number, timing spacing of births and to have the information and means to do so. But China's human rights record is dark and relations with international community have been tense also after China officially became members of the UN in 1971. But after the International Conference on Population and Development (ICPD) in Cairo 1994, China has slowly begun to move from goal-oriented population control to client centred family planning in accordance with international human rights law. By endorsing ICPD goals and by initiating different projects of implementation, China has taken an important step towards realisation of the right to family planning. Birth-planning workers have become more client-centred providing better education and informed choice. But even though this important step has been taken, the right to family planning has not yet been ensured in China, neither in legislation nor in practice. China still has a long way to go, and there are several obstacles to overcome. There is, however, positive development that can enable China to move towards lifting birth-restrictions. A governmental initiative to abolish current population policy in the near future is unlikely. It is more probable that reforms will come from inside the policy, with better information and individual freedom to choose contraceptives but at the same time adhere to birth restrictions. Over time, and in the light of social and economical development in the country, it is possible that the individual freedom will expand and lifting birth-restrictions will be seen as a natural choice so that individuals finally will be ensured the freedom to decide the number and timing of births.

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