论堕胎权的合理限制

生育权作为一项基本人权包含着堕胎权。堕胎权的确认是妇女运动的进步,有利于妇女从性别角色中解放出来。对堕胎权的适当限制可以促进堕胎权的发展,但是不适当限制也有可能加重或者侵犯妇女的合法权益。文章从堕胎权的概念出发,分析了中国有关地区地方性法规对堕胎权限制的不合理性,提出适当的限制堕胎权与中国的计划生育政策一致,但是应当注意比例原则,侧重保护妇女的合法权益,并且应当综合运用多种手段。

On the Reasonable Restrictions of the Right to Abortion

The right to birth, as one of the basic human rights, includes the right to abortion. It is great progress to acknowledge the right to abortion in the women’s movement, which is benefit for women to be liberated from the gender role. However, proper restrictions of the right to abortion can promote the development of the right to abortion while inappropriate restrictions of the right can also aggravate or infringe on women’s legitimate interest. This paper analyses the concept of the right to abortion and irrational restrictions of this right in some local regulations. Proper restrictions of the right to abortion are in agreement with the birth control policy in China, but we should pay attention to the principle of proportionality, emphasize particularly on the protection of women’s legitimate interest and apply various measures comprehensively.