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《婚姻法解释(三)》(征求意见稿)第十条规定:“夫以妻擅自中止妊娠侵犯其生育权为由请求损害赔偿的,人民法院不予支持;夫妻双方因生育问题发生纠纷,致使夫妻感情破裂,一方请求离婚经调解无效的,人民法院应准予离婚。”生育权作为人权的一部分,公民应该平等的享有生育权。所以,本文想探讨一下此条的不足之处。
Article 10 of the Explanatory Notes to the Marriage Law (Draft for Comment) stipulates: “Where a husband requests a compensation for damages on the ground that her husband abuses her pregnancy by violating her reproductive rights, the people’s court shall not support her. If there is a dispute between the husband and wife on the issue of procreation, Resulting in the rupture of the husband and wife, a party requesting divorce is not valid mediation, the people’s court should be granted a divorce. ”Reproductive rights as part of human rights, citizens should have equal access to reproductive rights. Therefore, this article wants to explore the shortcomings of this article.