从单向负担到多元分担：生育假期制度之重塑

随着社会少子高龄化程度的加深，作为生育政策重要配套支持措施之一的生育假期制度不断调整，这虽对促进我国人口增长和结构优化具有积极意义，但也极易对女性劳动权益保障产生逆向激励作用。现行的传统单向型生育假期制度模式具体表现为对女性生育责任过度强调所形成的制度思路单向，以及对企业生育责任过度分配所形成的假期成本分担单向。应对该制度模式予以反思，建议向多元参与型生育假期制度模式进行转变：在理念上，强调性别平等以均衡女性和男性之间的家庭生育责任，合理分配企业、国家和社会之间的生育假期负担成本；在实施路径上，通过保障男性休假权利、灵活设置休假安排、合理设计休假长度等实现对生育假期制度的重塑，同时通过完善生育保险制度、加大财税政策支持力度等方式，提供更加全面的配套支持措施，最终实现生育权与劳动权之间的动态平衡。     

“全面二孩”政策背景下生育对女性养老金的影响——以广东省为例

本文基于对广东省的问卷调查分析认为,生育孩子数量对女性养老金有显著影响,女性会因生育遭受“养老金惩罚”,且“二孩”生育女性遭受的养老金损失高于“一孩”生育女性。可见,“生育收入惩罚”效应不仅作用于女性职业生涯期间,还作用于女性年老退休以后。因此,应坚持性别平等的原则,完善退休制度和公共托育服务,合理制定缴费年限、缴费指数、账户设置等社会养老保险制度标准,以削减女性“生育养老金惩罚”,提升“全面二孩”政策的实施效果。     

社会性别视角下的生育保险政策反思

生育保险作为社会保障制度中最具性别意识的社会政策,其对于女性生育权利保障,女性就业等产生了深刻的影响,文章力图以社会性别理论对生育保险中性别平等问题进行分析,以推动性别平等化进程。     

从生育政策到生育权:理论诠释、规范再造及功能定位

新中国成立以来,生育政策经历多次调整。进入新时代,生育政策基调已由限制生育转向鼓励生育和保障生育,生育行为的权利属性愈加突显,生育权才是不断变迁的生育政策的底色。总之,在“少子老龄化”和“人口负增长”的时代背景下,生育政策的主旨必然转向政策的法定化与生育的权利化。生育权作为公民与生俱来的应然权利,应当上升到宪法位阶进行理解和诠释,明晰生育自由作为生育权的“核”,重视生育权中的“育”,发挥生育权的“能”,实现生育权“生”和“育”的有机统一。通过生育权再构,不仅可以破除部门法藩篱,统合规范个体的权利和义务以及国家的权力和责任,还能够在引导人口政策、推进人口法治以及服务人口发展国家战略层面发挥权利的法政策功能。     

二孩政策背景下女性劳动权益的法律保护

党的十八届三中全会以来,生育政策的逐步放开对于促进人口长期均衡可持续发展无疑具有积极意义,然而这一政策在现实中却加重了女性就业难这一社会现象。本文反思了在保障女性劳动权益方面的立法疏漏和制度缺陷,提出应从立法上规制歧视女性就业的行为,从生育保险制度上谋求个人、单位和社会之间的利益平衡,提倡运用公益诉讼推动全社会形成维护女性劳动权益的制度共识。     

生育保险的作用及主要待遇

生育保险是劳动者因生育子女导致劳动力中断，由此从社会获得物质帮助的一种社会保险制度。其作用是在职工妊娠、分娩和机体恢复整个过程中提供身体保健、医疗服务及有薪假期，从而体现国家和社会对妇女在这一特殊时期给予的保障。一、生育保险的作用职业妇女既要从事生产劳动，同时也承担着人类自身繁衍的特殊责任。正是由于她们承担的这一特殊责任，她们不得不在一定时间内中断工作，去生儿育女。而女性的生育，使得民族得以繁衍，人类社会得以延续，因此女性的生育行为具有社会价值，而且也是人类社会发展必不可少的行为。况且妇女在怀孕…     

人工生育的法律思考

人工生育的诞生和应用是一把双刃剑,其在为人类后代之繁衍带来福音的同时,也给人类建立在自然生育基础上的法律制度带来了巨大的冲击和挑战.本文以人工生育的法律问题为探讨方向,结合我国对人工生育的立法现状,探索完善我国关于人工生育的法律政策,以期更好的保障人工生育中各方当事人的利益,更大程度的发挥人工生育服务于社会的积极作用.     

简论现行生育制度的缺陷与新构

本文针对现行生育制度的生理缺陷、显性问题与隐忧进行了论证,提出了调整与完善我国计划生育制度的构想,即在确保人口控制目标不突破的前提下,改变现行简单的人口控制政策,实现科学调控人口适度增长、实行以人口数量和结构的均衡、协调发展为核心的人口生育政策。     

论生育权的主体--兼评《吉林省人口与计划生育条例》第30条第2款

《中华人民共和国妇女权益保障法》的出台,曾一度使人认为生育权是妇女的权利,男人没有生育权。2002年《中华人民共和国人口与计划生育法》颁布施行,其中规定的“公民有生育的权利”使传媒聚焦男人的生育权。2002年吉林省《人口与计划生育条例》规定了独生女性在一定的条件下具有生育权再次引起了人们对生育权问题的探讨,同时也对这一规定的合法性和合理性提出了质疑。从女性的生育权、男性的生育权再到独身女性的生育权,这一系列问题其实都伴随着一个基本的问题,即到底谁有权生育?生育权的主体是谁?一、生育权是否必须以婚姻关系的缔结为前…     

论生育权的主体--兼评《吉林省人口与计划生育条例》第30条第2款

《中华人民共和国妇女权益保障法》的出台，曾一度使人认为生育权是妇女的权利，男人没有生育权。2002年《中华人民共和国人口与计划生育法》颁布施行，其中规定的“公民有生育的权利”使传媒聚焦男人的生育权。2002年吉林省《人口与计划生育条例》规定了独生女性在一定的条件下具有生育权再次引起了人们对生育权问题的探讨，同时也对这一规定的合法性和合理性提出了质疑。从女性的生育权、男性的生育权再到独身女性的生育权．     

Female Staff and Workers Labour Protection Implementing Procedures. [Summary. 25 February 1992

These Procedures set forth the health, maternity, and child care rights of women staff and workers in Guangzhou Municipality, China. They are applicable to all women staff and workers of state institutions, people's organizations, state-owned and -operated enterprises, public institutions, foreign investment enterprises, share system enterprises, village and town enterprises, private enterprises, and individual businesses. Among other things, the Procedures provide that a) during pregnancy, maternity leave, or nursing, work units are not permitted to dismiss women staff and workers or terminate their employment contracts unless they are fired in accordance with the Enterprise Staff and Worker Reward and Punishment Regulations; b) women staff and workers are entitled to 90 days paid maternity leave; and c) if special difficulties arise after the completion of maternity leave, nursing leave may be extended until the child is 1 year old (subject to application and approval); during the nursing period, the woman's work unit will pay 75% of her standard wages, as well as wage-related subsidies.     

Codecision procedure biais: the European legislation game

The European Union’s codecision procedure is analyzed as a bargaining game between the Council and the European Parliament. The model shows that the policy outcome is biased towards the ideal point of the institution that is closest to the status quo, when the negotiation leads to an agreement. If the Council’s ideal policy is closer to the status quo, as is the case for example concerning the duration of maternity leave, the resulting policy will remain closer to the Council’s than to the European Parliament’s position. Furthermore, the result of the codecision procedure is Kaldor–Hicks inefficient. The developments of common policies concerning asylum, fishery and maternity leave illustrate both the possibility of the failure of negotiations and the influence of the Council on the outcome.     

The determinants of time off work after childbirth

Relatively little is known about the role that leave policies--family, parental, or maternity-leave policies--play in facilitating time off work after childbirth. Yet time off is a critical element of leave policies, as it facilitates the mother's recovery from childbirth and promotes maternal-infant attachment. Using data from Minnesota, the state with the highest rate of female labor force participation, we examine the extent to which policies, relative to personal, job, and workplace characteristics, determine the duration of women's childbirth-related leaves from work. A random sample of women identified from vital statistics records is used to estimate the relationship between leave policies and time off work after childbirth. Of our sample 85 percent had access to some paid leave benefits, although only 46 percent had paid maternity leave benefits. The difference in duration of leave between women with and without paid leave policies was approximately four weeks, a substantial difference for most women and their infants. Paid leave policies and spousal earnings as primary determinants of maternal time off work, suggest problems in the use of unpaid leave for economically vulnerable women.     

Separate versus Equal Treatment Approaches to Parental Leave: Theoretical Issues and Empirical Evidence*

This article examines the legal and economic arguments behind the separate versus equal treatment approaches to maternity/parental leave. Three sets of legal arguments that were advanced in the U. S. Supreme Court case California Federal Savings and Loan Association v. Guerra, 1987 are examined. The economic arguments that correspond to each of these legal arguments are then developed, including the arguments of groups who (1) oppose all versions of mandated leave, (2) support mandated parental leave without qualification (the Separate Treatment Approach), and (3) support some, but not all formulations (the Equal Treatment Approach). Each of these theoretical perspectives generate specific hypotheses regarding the potential compensation and employment effects for women of childbear-ing age. These hypotheses are tested with data from the Current Population Survey, May 1979 and May 1983. Overall the empirical findings suggest that parental leave legislation can significantly improve the labor market position of women of childbearing age, but all approaches are not equal and some methods may undermine, rather than improve their position.     

Child-related leave and women’s labour market outcomes: towards a new paradigm in the European Union?

The current European Union (EU) legislative framework on child-related leave is facilitating an imbalance in the take-up of leave by women over men. There is a consolidated EU right to maternity leave for mothers but there is no parallel EU right to paternity leave for fathers. The EU right to parental leave is for both working mothers and fathers, but its design does not encourage an equal take-up by women and men. The aim of this article is to gain insight into the effects of child-related leave on women’s labour market outcomes. On the one hand, it reviews and analyses economic literature which points to the adverse consequences of leave on women’s earnings, and even on women’s labour market participation when the absences from work are very prolonged. On the other hand, it underlines the new direction followed by the European Commission towards greater equality between men and women at home and at work.     

Child health policy in the U.S.: the paradox of consensus

The U.S. spends more of its total GNP on health services than any other nation, yet it has one of the highest infant mortality rates in the industrialized world. Young American children are immunized at rates that are one-half those of Western Europe, Canada, and Israel. In the mid-1980s, a consensus among policymakers on the need for federal action to improve child health services resulted in the expansion of Medicaid eligibility for pregnant women and young children and the separation of Medicaid eligibility from eligibility for AFDC. The current phase of child health policymaking includes discussion of much broader proposals for changes in health care financing and innovation in health care delivery. This examination of child health policy begins by reviewing the politics of maternal and child health services from the early twentieth century to the Reagan administration, including the role of feminist movements, the development of pediatrics, and the expansion of federal involvement during the 1960s. Next, the politics of Medicaid expansion as a strategy for addressing child health issues are discussed. Current critiques of child health services in the U.S. are examined, along with proposals to restructure health care financing and delivery. Central to the politics of child health policy during the 1980s and into the 1990s is the way in which child health has been defined. Infant mortality and childhood illness are presented as preventable problems. Investment in young children is discussed as a prudent as well as a compassionate policy, one which will reduce future health care costs and enhance our position in the international economy. Unlike other "disadvantaged groups," children are universally viewed as innocent and deserving of societal support. Framing child health issues in these terms helped to produce consensus on the expansion of Medicaid eligibility. Yet the issues beyond the expansion of Medicaid eligibility involve the restructuring of health care financing and delivery, and, on these issues, conflict is far more likely than consensus.     

Divisions of labour: maternity protection in Europe

Incapacity for work on the grounds of pregnancy and birth-related illness has long proved problematic for the courts, resulting, on occasion, in lawful dismissal based on a comparison between the woman concerned and a sick male worker. The European Court of Justice has recently clarified the duration of the 'protected period'that lasts throughout pregnancy and the period of maternity leave, during which dismissal will be prohibited. However, the duration of leave provided by Member States differs, resulting in a wide degree of variation for such protection. Furthermore, where illness arises or persists following childbirth, women will continue to be vulnerable to dismissal. This article considers the impact of caselaw developments and examines the provision of maternity leave in Europe, which, contrary to the harmonization originally envisaged by the introduction of the Pregnant Workers Directive (92/85/EEC), appears to be subject to a high degree of variation.     

The foster family in Poland,a custodial and educational environment (XX – the early XXI centuries)

ABSTRACT

A thorough study of the sources made it possible to conduct a retrospective analysis as well as outline normative and legal principles of the foster family in Poland as one of the main forms of child custody in the XX – early XXI centuries rooted in national traditions and social legacy. Foster family formation and early functioning indicate that its value depends on who is entrusted with a child to care for, what child is to be placed in foster care, what kind of support a foster family could expect, what control is exercised over it. The second half of the XX – the early XXI centuries mark the evolution of the legal and regulatory framework underlying foster care, one of the main institutional forms of child custody in Poland. It appears that the foster family provides a child with proper living conditions and a favourable environment for its education and socialisation, closest possible to those in a natural family. To this end, the state is to make sure that potential foster parents are properly trained. The development of foster care speeds up in the 1970’s and 1990’s. We have discovered that at the turn of the century, foster family functioning, provision of care and adequate conditions for a child’s development and upbringing etc. are defined by the social policy of the state. Of great significance for the international community is the Polish experience regarding the requirements for foster family candidates, children’s placement in such families, material assistance, foster parent salary calculations; the amount of money biological parents must pay for their child’s placement in a foster family. In modern Poland the foster family is an important social institution which promotes the development of a child deprived of parental care and is prioritized over other institutional forms of care.     

Canadian Police Mothers and the Boys’ Club: Pregnancy,Maternity Leave,and Returning to Work

This article explores police mothers’ perceptions of their workplace experiences during pregnancy and maternity leave and returning to work. Using Charmaz’s (2014 Charmaz, K. (2014). Constructing grounded theory. London, UK: Sage. [Google Scholar]) constructivist grounded theory with a critical feminist lens, qualitative interviews were conducted with 16 police mothers in the province of Ontario, Canada. Our analysis reveals that policewomen work inordinately hard to prove physical and emotional strength in an attempt to be accepted into policing’s boys’ club; encounter negative workplace responses to pregnancy; are often demoted or reassigned during maternity leave; and need to re-prove themselves as officers upon returning to work. Our research aims to enhance retention and foster changes that will best support police mothers, police organizations, and the communities they serve.