Risk Management and Healthcare Policy (May 2022)
The Rule of Law for the Exercise of Marriage and Reproductive Rights for Women with Intellectual Disabilities in China
Abstract
Zhengzong Huang,1,* Baoxin Chen,2,* Zehua Feng3 1Law School, Hainan University, Haikou, People’s Republic of China; 2Faculty of Humanities and Social Sciences, Macao Polytechnic University, Macao, People’s Republic of China; 3School of Law, Guangdong University of Finance & Economics, Guangzhou, People’s Republic of China*These authors contributed equally to this workCorrespondence: Zehua Feng, School of Law, Guangdong University of Finance & Economics, 21 Luntou Road, Haizhu District, Guangzhou City, Guangdong Province, People’s Republic of China, Email [email protected]: 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 Although in China’s Civil Code, the legislature has repealed the prior requirement of a medical examination for marriage registration, the exercise of rights to marriage and reproduction by WIDs is still restricted.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
