Can husbands veto planned abortions?

　　HUSBANDS in China are about to become legally entitled to urge their wives to desist from planned abortions with the implementation of the new Law on Family Planning and Population, which takes effect Sept. 1.Approved by the Standing Committee of the Ninth National People’s Congress in late December, the Law on Family Planning and Population, for the first time, defines a man’s right in relation to a birth in legislation. According to the new law, a husband will be able to take legal action if his wife has an abortion without notifying him.Shenzhen Daily recently interviewed people from different fields to seek their opinions.

　　With the improvement of the people’s quality of life and law protection awareness, the husband’s right to veto abortion had been hotly discussed over the past two years. After a total of three years’ of discussions, the Standing Committee of the Ninth National People’s Congress approved the Law on Family Planning and Population. It defines that a husband can seek legal assistance if his wife has an abortion without notifying him, but the new law states that both husband and wife should share the same responsibility in family planning, so neither side should enjoy the sole right to decide whether to give birth. I think husbands should not abuse the right in the new law to force his wife to give a birth. The family dispute should be solved through friendly consultations. If the dispute was finally solved in court, it could only be a cause for divorce.

　　Giving husbands the right to veto planned abortions reflects the idea that every person is equal before the law. The right to give birth reflects a husband and wife’s responsibilities and obligations, which shouldn’t be solely enjoyed by either side. Recognizing a husband’s right in legislation is conducive to improving and safeguarding the equal relationship between husband and wife.In big cities like Beijing and Shanghai and those along the coastal economic developed area, women have reversed the passive situation in giving birth. The husband is on equal terms with the wife in family issues. In some families, if the wife doesn’t want to have a child and the husband does, the husband has no choice but divorce. It is necessary, not an excessive demand, to protect a husband’s right in having a child.

　　Xu Hua, enterprise employeeI don’t think it is necessary to add a clause about the husband’s right to veto an abortion in the law. The Law of the People’s Republic of China on the Protection of Rights and Interests of Women has been effective for 10 years. According to the law, women have the right to choose to give birth or not. This is a humanistic aspect of the law for a woman.I have been married for six years and had two unplanned pregnancies. I had abortions without notifying my husband. The second time it drove him and his family into a fury. I have my own reasons.Having a child means you have to quit your job, lose your chances of promotion in a bustling society. In a male-dominant society, it is an unreasonable demand for a woman who doesn’t want to have a child. Women are in a passive situation for child bearing, especially in rural areas. As a matter of fact, a family can’t last long if the spouses can’t reach an agreement on a child’s birth. Men have been in control of the situation before legislation. If the law empowers men’s rights in whether the wife should have a baby, the wife’s freedom in child bearing can’t be guaranteed.

　　Shuang Jun, lawyer, Guangdong Chenggong Law Office