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中国智障妇女行使婚姻和生育权利的法治
Authors Huang Z , Chen B, Feng Z
Received 22 February 2022
Accepted for publication 18 May 2022
Published 25 May 2022 Volume 2022:15 Pages 1145—1156
DOI https://doi.org/10.2147/RMHP.S363584
Checked for plagiarism Yes
Review by Single anonymous peer review
Peer reviewer comments 2
Editor who approved publication: Dr Jongwha Chang
Abstract: Women with intellectual disabilities (WIDs) are entitled to the rights to marriage and reproduction under Chinese law. However, Chinese marriage and reproduction regimes have imposed restrictions on their right to marry that limit the exercise of their reproductive rights. Marrying WIDs has become a popular choice for men in rural areas. Although in China’s Civil Code, the legislature has repealed the prior requirement of a medical examination for marriage registration, the exercise of rights to marriage and reproduction by WIDs is still restricted. China has not fully implemented equal rights for persons with disabilities under the United Nations Convention on the Rights of Persons with Disabilities. China needs to set legal procedural requirements for the exercise of these rights for different types of WIDs, systematically constructing them at three levels: legal basis, legislative implementation, and institutional support.
Keywords: people with intellectual disabilities, marriage, reproductive rights, marriage and family law, Chinese law