维护失业女工的生育保险权益——各省市《失业保险条例》和《生育保险条例》研究

Protection of Reproductive Rights of Unemployed Women: Study of "Guidelines of Unemployment Insurance" and "Guidelines of Maternity Insurance" Issued by Different Provinces

目前中国只有部分省市在其《失业保险条例》或《生育保险条例》中明确保证了失业女工的生育保险权益,大多数省市还不能明确保证,不利于维护失业女工的生育保险权益。国家颁布的《失业保险条例》或《生育保险条例》应该确保失业女工享受生育保险,各地在制定出台相关规定时,也应该主动关照失业女工的生育保险权益。

There are at present only a few of the provinces that have stated in either their ＂Guidelines of Unemployment Insurance＂ or ＂Guidelines of Maternity Insurance＂ the protection of the reproductive rights of unemployed women workers. Majority of the provinces have not been able to provide clear statement on such protection. This noncommittal situation works against the protection of reproductive rights of unemployed women workers. The ＂Guidelines of Unemployment Insurance＂ and the ＂Guidelines of Maternity Insurance＂ issued by the central government should have made it clear the protection of the reproductive rights of unemployed women workers. Provincial governments, when adopting their regulations to implement these two Guidelines should also make clear statement on the protection of unemployed women workers＇ reproductive rights.