论“失独者”权利的国家保护

"失独者"已然成了新的"特殊群体",其养老、返贫、疾病和心理是他们面临的主要问题,这些问题亟待政府从制度层面予以解决。但无论是国家层面还是地方层面,该问题的立法状况都不容乐观。"失独者"是因为国家义务而致,所以,作为一个人权主体,政府必须有相应的法律政策来保护他们。政府亦可将社会抚养费作为履行了计划生育义务的失独者养老费用。

The Protection by the Nation of the Right of Parents Losing Their Only Child

Parents losing their only child have been a unique group.They face challenges in terms of endowment,living standard,disease control and psychological health.These issues need to be handled by the government.However,the relevant legislation at central and local level needs to be further improved.These parents have taken the obligation to have one child.Therefore,the government needs to ensure law and policy in place to protect them.The social charges for child rearing could be used to support the parents who have fulfilled their family planning obligation but unfortunately lost their only child.