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Get Help Now!Abortion in China is a delicate subject matter for two reasons. Firstly, it seems to have a vague legal backing while enjoying an off-hand backing of the one-child policy. Secondly, there are illegal pregnancies in China and Chinese family planning officials use forced abortions quoting “remedial measures” in dealing with unauthorized pregnancies. This discourse evaluates the subject of abortion in China and attempts to put forward a number of solutions. These solutions include increasing public education and education, instituting policies aimed at protecting the fundamental rights of the pregnant women and having mechanisms for fair application o0f law.
Understanding abortion in China
Abortion is a heated topic on the perspective of China based on two main reasons. First, with the Chinese government’s national policy of one child per couple comes an inclination for couples to have a liking for babies of particular gender or sex while developing a dislike for the other sex. It has been clearly shown in the past that most couples prefer to have baby boys rather than baby girls. With modern technology where the sex of the child can be established within the period of pregnancy and way before delivery, coupes can establish the sex of the baby and decide to flush it out if it is not a desirable option for them. Secondly, and most complicated is the fact that the Chinese government has been known to use forced abortions on pregnant women for carrying unauthorized pregnancies. This is further complicated by the fact that abortions are not only sanctioned by the government but are also legal in China. These two poignant aspects of abortion in China make it a subject worth keen interest.
China, since 1979, has instituted a national policy aimed at regulating the number of children a woman can have and this was instituted as one of the radical strategies aimed at putting the ambitious population growth rate in check. Nevertheless, it must be agreed that forced abortions sanctioned by the state clearly infringe on the basic rights of the woman, the couple, the child and the society by extension. Wu et al (2005) clearly bring out this point by arguing that it is a fundamental principle to accept that a woman has a right to have children (and to be specific, as many as the woman wishes to have). Therefore, while it is evident that the government of China applies forced abortions as a means of controlling the population and national fertility, it is also not without doubt that it is a blatant application of a political strategy in dealing with a problem that has a multi-dimensional nature in terms of political, social and basic rights of the person.
The issue of abortion in China is a double-edged sword in that it cuts the life of a baby short, endangers the life of the mother and it ridicules the function of the state as a protector of fundamental human rights of the members of the society especially the pregnant mothers. The other side of the sword has something to do with its social constructs. To put this clearer, a good point of reference is an article in the New York Times by Jian (2013) in which Zhang Yimou, a celebrated film director in Beijing has been noted as one of the high profile violators of the one-child policy. The celebrity is said to have fathered seven children with four women. This revelation caused uproar among people for the unequal application of the one-child policy, which stipulates that every couple can only have one child unless the couple comprises ethnic minority. Ethnic minorities or rural couples that have a girl as their first child are allowed to have a second child.
From the legal point of view, the Chinese constitution does not seem to be specific about protecting the rights of the personal rights of the mothers; other than vaguely stating that family planning administrators are not allowed to violate the personal rights of the civilian. However, despite this, the same law gives the family planning officials a sluice to violate these rights through what the law euphemistically calls remedial measures to terminate any unwanted pregnancy. It is this unequivocal nature of the law that makes abortion legal in China; where every family planning official wishing to terminate unauthorized pregnancy would simply invoke “remedial measures” to his aid. The concept of law and constitution aside, it would seem that the government then needs to be extra keen on putting mechanisms in place to ensure that the safety of the mother is not compromised in the rush to take remedial measures and implement population control policy. That is not the case. Abortions in China are often carried out in the local family planning clinics, where it has been demonstrated that medical training and equipment are not adequate hence could grossly endanger the life of the mother undergoing or procuring the abortion.
While proper equipment and training would play an undeniably important role in making abortion more secure for the mothers, the process, procedures and timing are as important and significant; let alone the concept of relevance and reasonableness. For instance, even though it is widely and wholly known and accepted as principle that risks associated with abortion increase as the stage of pregnancy advances, it continues to be a norm that women are subjected to forced abortion even at a time when their due dates are peering at the corner. With this knowledge, it would be unfair to subject a woman to abortion close to her days of delivery. In the same spot, in 2009 a woman died in the Chinese Shandong Province when she bled to death after being forcefully subjected to abortion just one week before her due date of delivery (Demick 2012). That is just one case. With the government’s acknowledgment that abortions at the local family planning clinics endangers the life of the pregnant women (Desmick 2012), it only means that these cases many not be rare.
Solutions to the Problem of Abortion
In order to solve the problem of abortion and its dangers in China, it is important to look at the problems highlighted above. First off, looking at the legal basis of the abortions, it is evident that the law is not clear and specific about protection of the mother. This makes institution of relevant policies to make protection of personal rights of civilians clearer and without uncertainty occasioned in the vagueness of the current law dealing with abortions; which is referred to as remedial measures to tame unwanted pregnancies. Besides the institution of proper legal framework to increase the protection of the mother’s fundamental rights, the laws established need to be applied equally across the social platforms so that one problem does not cause other social problems.
With the understanding of the need for population control in China and the fact that the policy has been in force since 1979, it would be visionless to argue that abortion needs to be done away with. However, the methods need to be changed to enhance safely and protection of human life. For a woman to carry a baby for 9 months only to be forced to abort barely seven days prior to due date of delivery is not one of the best approaches. Yet, there must be a balance between implementation of legislation and reasonableness of the extent it is implemented. Therefore, to solve this problem, the mother (and in fact the whole country) needs to be given thorough public awareness on the one-child policy, its relevance to the population and its posterity, safe ways and places of securing abortion among other aspects that relate to the subject of abortion and population control. When the public understands and accepts the implications of the policies put in place and how to safely handle situations related to terminating pregnancies, it would be a step further in the struggle to increase safety.
Another solution to the problem of abortion is the installation of proper equipment in the clinics and having special clinics that are authorized to handle cases of abortion. This installation should include proper training to the officials and nurses authorized to handle abortion cases. It is without doubt that quackery in matters health and especially when the life of a pregnant woman is involved would pose an increased danger of death. For this reason, stiff penalties should be put in place for any clinic or institution that carries out abortion while it is specifically not authorized.
References
Demick, B. (2012, June 15). China one-child policy leads to forced abortions, mothers’ deaths – Los Angeles Times. Featured Articles From The Los Angeles Times. Retrieved October 21, 2013, from http://articles.latimes.com/2012/jun/15/world/la-fg-china-abortions-20120616
Jian, M. (2013, May 21). China’s Brutal One-Child Policy – NYTimes.com. The New York Times – Breaking News, World News & Multimedia. Retrieved October 21, 2013, from http://www.nytimes.com/2013/05/22/opinion/chinas-brutal-one-child-policy.html?_r=0
Wu, Z. et al (2005). Illegal births and legal abortions – the case of China. PMC, 2(5), 234-97.
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