冷漠该当停止时

时间:2022-09-20 04:03:43

There are a series of protection treaties and declarations about the reproductive rights of females, which emerged in the later 19 century when feminists requested to have the rights to “volunteer to be a mother”. After 1970s, some documents or treaties of related international conferences began to take the reproductive right into consideration. And reproductive right is regarded as one of the most basic human rights and marriage is not a necessary constrains. Under the restrain and guidance of these treaties and declarations, many countries have provided policies of support and welfare for unwed mothers.

对于女子的生育权,国际上有一系列的保护公约和宣言。这一概念最早出现于19世纪后期,当时女权主义者要求享有“自愿成为母亲”的权利。20世纪70年代以后,有关国际会议文件或公约中开始涉及生育权,并将生育权视为最基本的人权之一,且此生育权并不区分已婚或未婚。在上述公约和宣言的指导约束下,很多国家对未婚妈妈都有一定的政策扶持和福利待遇。

USA: Provide Usual Benefits and Additional Subsidies for Unwed Mothers

美国:为未婚母亲提供一般利和额外补助

The USA is not a typical welfare-state, so the usual benefits of American unwed mothers often overlap the benefits of poor family. Nevertheless, these benefits are relatively abundant. Merely in the decade from 2000 to 2008, the social benefits for the poor increased by 89% and the expenditure increased from $342.4 billion to $647.5 billion, among which the biggest increase was the child tax credit. In other words, the poor are not afraid to have babies because the more they raise the more subsidies the government will provide.

Besides the usual benefits from the government, there are also additional subsidies for unwed mothers in USA. The federal government also allocates funds to unwed mother programs. At present, the American government owns about 900 programs that aim to help unwed mothers. They are categorized into two types, including housing, medical care, foods, vocational training and education subsidies.

美国并非是典型的福利国家,故美国未婚母亲享受的一般性政府福利多与贫困家庭福利相重叠。但即便如此,其享受的政府福利也颇为可观。从2000年至2010年,仅10年的时间,美国对穷人的社会福利就增加了89%,由3424亿美元增加到6475亿美元,其中增幅最大的是儿童抵税额。换句话说,就是穷人不怕生孩子,生得越多,政府的补助也就越多。

除了一般性政府福利,美国政府对未婚母亲还有额外的补助措施。联邦政府也对未婚母亲的补助项目进行拨款。目前,美国政府拥有接近900个旨在帮助未婚母亲的项目。它们被分成几个大类,包括住房、医疗、食品和职业培训,以及教育补贴。

The American government thinks that the unwed mothers often have to face enormous financial burden in daily life, so they subsidize them. Not only they have to pay for daily life spending but usually need to take on other responsibilities such as childrearing, care, nursing and education. For unwed mothers who receive poor education and do not have living skills, they may not have the ability to meet their obligation. Moreover, as custody is a basic human right, it is the duty of the government to help these incapable parents to raise their children so that they can grow healthily.

美国政府对未婚母亲的补贴政策出于这样一种考虑:未婚母亲在日常生活中经常承担着巨大的财务负担。不仅必须支付家庭的日常生活开支,往往还需要承担孩子的抚养、照顾、护理、教育等额外的工作。对于那些受教育程度不高、无职业技能的未婚母亲来说,未必有能力尽到抚养子女的义务。又由于父母对孩子的抚养权是一项基本人权,那么为了孩子的健康成长,帮助没有能力的父母抚养孩子,便成了政府的责任。

英国:政府慷慨补贴

UK: Generous Subsidies from the Government

UK is different from the USA as a typical European welfare-state and the government meets all the living needs of an unwed mother and her child, so basically she doesn’t have to spend additional money on their living. In UK, unwed mothers can get access to government subsidies in public services very easily without any threshold. The UK government thinks that unwed mothers must ensure that their children should grow up safety and healthily. But it is a great difficulty for an unwed mother, so the government should take on the burden.

The subsidy for unwed mother includes four parts: temporary Assistance for needy families: the country has exclusive management program to help unwed mother with daily expenditure such as sanitary products, foods and clothes; food stamps: help unwed mother with food expenditure; health insurance: provide unwed mothers with Children's Health Insurance Program and all the premium is paid by the government; add nutrition provision for females, infant sand children: offer additional milk, juice, bread, beans, rice, cheese and infant food which are all in home delivery service.

与美国不同的是,英国是一个典型的欧洲福利国家,政府满足未婚母亲和孩子的全部生活需求,其在生活上基本上不需要任何额外花费。在英国,未婚母亲可以很容易地在公共服务部申请到政府补助,没有任何门槛限制。英国政府认为,未婚母亲必须确保孩子安全和健康地成长。但这对未婚母亲来说,是一个艰巨的任务,所以这些负担理应由政府分担。

对未婚母亲的补贴包括四个方面:贫困家庭临时救助。国家有专门的管理项目来帮助未婚母亲支付基本的生活必需品费用,如卫生产品、食物和衣服;食品救济券。帮助未婚母亲负担家庭食物开支;健康保险。为未婚母亲提供儿童医疗保险计划,其保险费由政府负担,自己不用承担任何费用;妇、婴、儿童追加营养。为未婚母亲提供额外的牛奶、果汁、面包、豆类、大米、奶酪和婴儿食品,并且送货上门。

Besides, the UK government also pays allowances to unwed mothers directly. Those allowances are mainly divided into income support, disability insurance, child tax benefit and housing allowances. The volume is depends on the number of children. A family with four children can get 30 thousand pounds at most, which is superior to the average income of UK families of 21 thousand pounds.

此外,英国政府还直接向未婚母亲发放救助金。救济金主要分为收入补助、残疾保险、儿童税务补贴和住房补贴,补贴额视子女数量而定。一个五口之家最多可以拿到3万英镑,高于英国家庭平均收入的2.1万英镑。

China: No Clear Laws and Regulations to Protect the Rights and Benefits of Unwed Mothers

中国:尚无明确的制度法规保障“未婚妈妈”的权益

Compared with the welfare policies in western countries, even though China also protects females’ right of reproduction and specify it in the Marriage Law that “illegitimate children enjoy the same rights as legitimate children, which no one shall be subjected to harm and discriminate”, so far we don’t have exclusive regulations for the protection of unwed mother in operation.

All-China Women's Federation (ACWF) declares that ACEF will provide timely consulting services about related laws and regulations when unwed mothers seek help from them. Besides, they also will help unwed mothers to strive for alimony and get in touch with their families so that they can go through the hard days. At the same time, it encourages unwed mothers to learn to be independent and distinguish between right and wrong. However, even though the number of unwed mother has been increasing in recent years, ACWF frankly says that there are very few unwed mother coming for help. At present, as unwed mothers are a group lingering on the edge of laws and morality, many of them choose to take in on their own when facing living difficulties.

同欧美国家的福利政策相比,中国法律虽然同样保护妇女的生育权,同时在婚姻法中明文规定“非婚生子女享有与婚生子女同等的权利,任何人不得加以危害和歧视。”但是,截至目前为止,仍无专门的针对‘未婚妈妈’予以保护的规定出台。

中华全国妇女联合会(简称全国妇联)在接受媒体采访时表示,在其工作中,对于前来求助的未婚妈妈,妇联会及时地给与法律政策方面的咨询服务。此外,他们也会帮助母亲争取孩子的抚养费;帮助未婚妈妈联系家人,帮她们度过非常时期;同时他们还会教育未婚妈妈,要学会独立,学会判断,分辨是非。不过,相较于近年来不断扩大的“未婚妈妈”的数字,妇联的工作人员也坦言,在他们的实际工作中,“未婚妈妈”前来寻求帮助的案例,少之又少。由于目前“未婚妈妈”仍然是一个游走在法律和道德边缘的群体,不少人在遇到生活困难的时候,仍然会选择“自己承受”。

While the government can not take any steps, civil organizations also have troubles. “Litter Bird Worker’s Hot Line” is one of the earliest civil organizations which tried to open hotlines for unwed mother searching for help. But, limited by funds, some plans are still lying on the table. “Their behaviors are illegal and not protected by any law. This group is a headache and no organization helps them”, said Wei Wei, the founder of “Litter Bird Worker’s Hot Line”. “The society discriminates unwed mothers naturally and illegitimate birth is considered as a mere moral problem. And this group is always not transparent to both the authority and the public. Moreover, civil organizations often need the coordination of the government to do their job like helping an unwed mother find her child’s biological father which is rarely successful. If the problem can not be solved by a NGO, we cannot expect a woman with a child to solve it.”

Depending on post bars, Yiyi, who is also an unwed mother and the manager of the unwed mother post bars, and some familiar members also have considered to build a public assistance platform for unwed mothers. But as most of the members in the bar are not able to protect themselves, public activities are not that on large scale.

相较于政府机构的难以作为,民间组织的行动也并非顺畅,“小小鸟打工热线”是中国国内最早尝试建立未婚妈妈救助热线的民间公益组织之一,但是囿于资金问题,相关计划一直搁浅。“她们的情况是非法的,她们没有受到任何法律保护。这是一个令人头疼的社会群体,没有任何组织帮助她们,”“小小鸟打工热线”的发起人――魏伟如此说道。“社会对未婚妈妈有先天歧视,未婚生育被单纯看成道德问题。官方和民间都对这个人群一直讳莫如深。而且,民间组织的工作很多情况下需要政府部门协调解决,比如为未婚妈妈寻找孩子生父,NGO帮联系生父的成功案例很少。但是如果一个NGO不可能解决,一个带孩子的女人就更没法独自解决。”

依托贴吧的平台,自身也是未婚妈妈的吧主依依和几个相熟的吧友也曾考虑过建立未婚妈妈之间的公益救助平台。但是由于贴吧内的女性大多“自身难保”,公益活动并未形成规模。

Experts: the Vacuum beyond the Mainstream Needs Protection

专家:主流外真空亟待保护

“In China, because people are limited by traditional thinking and family-planning policy, the group of unwed mothers is ignored by the mainstream all the time. But it is the time we should examine them. Women’s right of reproduction should not be decided by marriage or be abused to cause social problems like having a baby but avoiding the custody”, said Yang Juhua, a professor working the in Demography Department and Research Center of Population and Development in Renmin University of China.

Yang holds that adolescents are often precocious now, while more and more young people choose to marry in a older age, which means that from getting mature to marriage they have to experience a period of 10 years without marriage. “However, most of the government care and services for childbearing are only available to females who have got married. As a result, as people’s attitude toward sex is getting opener in the “vacuum” decade, the increase of unwed mother is inevitable. ” Yang said that females have the right to birth without marridge in the western world and the government and civil organizations provide those who are in great difficulty with perfect public services.

“在中国,受制于传统观念和计生政策,未婚妈妈这个群体一直在主流视线之外,是时候好好审视这个群体了。女性生育权既不应该成为婚姻的附庸,也不应该被滥用引发生而不养等社会问题。”对于未婚妈妈数目攀升的现状,中国人民大学人口学系、人口与发展研究中心教授杨菊华如此表示。

在杨菊华看来,目前青少年普遍早熟,而青年选择婚姻的年限却一再延后,这意味着从成熟之后到进入婚姻之前,有一段超过10年的真空期。“但是中国的生育关怀、服务,大多是针对婚后女性开展的。这样一来,这10多年的真空期伴随着人们性观念的开放,未婚妈妈的产生和扩大成为必然。”杨菊华介绍,在西方社会,女性有选择未婚生育的权利,她们当别困难的,政府和民间组织会提供完善的公共服务。

How can we identify birth without marriage? How can we protect the rights and benefits of this group from the angle of protecting women and children? Our reporter has asked many departments of the National Health and Family Planning Commission for the answers to those questions. But we haven’t yet got any response from them. According to relevant persons from several departments, as limited by the statistical measures and traditional concepts, we still do not have official statistic of the number of illegitimate birth.

Yang also said that from the benefit of children’s growing and education as well as the acceptance of the society, illegitimate birth should not be advocated. But our laws also specify that illegitimate children and legitimate children enjoy equal rights and moral evaluation should not arrogate the protection of women and children. Our society should tolerant and take a right attitude toward them. On the other hand, relevant departments should face up to the various social problems that may be caused by illegitimate birth and fulfill their job of education, giving guidance and support.

如何认定未婚生育行为?从保障妇女儿童权益的角度,如何保障这个群体的利益?上述问题,记者多次联系国家卫计委等多个部门,截至发稿,未得到上述部门回应。多个部门相关人士回复称,受制于统计手段和传统观念,关于未婚生育的数目,目前并无权威统计。

杨菊华同时表示,从孩子的成长教育及社会的接纳程度,未婚生育不应提倡。但法律上同时规定,婚生和非婚生子女享有同等权利,道德评价不应该僭越对妇女儿童权益的保护。社会应对这一群体正视和宽容。另一方面,有关部门应该正视未婚生育可能引发的种种社会问题,做好重点群体的教育、引导、帮扶工作。

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