Launching a Research Report on the Impact of the Three-Child Policy on Women's Reproductive Rights
后附中文版。
On March 6, 2025, shortly before International Women's Day (March 8), the Three-Child Policy Monitoring Network (hereinafter referred to as the "Monitoring Network"), a civil society organization, released a 22,000-word research report titled The Impact of the Three-Child Policy on Women's Reproductive Rights.
The report compiles the pro-natalist policies introduced by the Chinese government thus far, outlines various governmental measures to encourage childbirth, and presents the specific implementation of these policies across different regions. Notably, it identifies policies that warrant further observation and those that may pose potential issues, exposing radical tendencies and excessive enforcement in policy execution.
In addition, the report examines Chinese citizens' fertility intentions and attitudes, explores the impact of the marriage system on reproductive policies, and compares birth policies across multiple countries.
Based on these investigations and analyses, the report identifies six major new issues and potential risks, while putting forward three key guiding principles and six concrete policy recommendations.
According to Lu Miaoqing, a woman lawyer from Guangdong province and a member of the Monitoring Network, the network consists of experienced women’s rights advocates, women lawyers who have previously handled family planning cases, female journalists, NGO professionals, and others.
Members of the network have observed that since China issued the three-child policy in 2021, different levels of government have continuously introduced measures to encourage childbirth. However, some of these measures have sparked public controversy and concern.
For example, local government officials have reportedly called women of childbearing age to inquire about their reproductive plans, sent mass text messages urging childbirth, restricted access to sterilization procedures and abortion medication, and in some cases, even prepared policies encouraging Communist Party members and government officials to take the lead in having more children.
Such measures have been widely referred to by the public as “birth-pushing” policies. Since childbirth primarily affects women, these "birth-pushing" measures have significantly impacted women's reproductive autonomy.
Currently, excessive and extreme pro-natalist policies have only emerged in a few regions. However, as more policies continue to be introduced and local governments further implement them, unreasonable, unjust, and even unlawful practices are likely to increase.
Moreover, members of the Monitoring Network believe that since the family planning policy was once designated as a "fundamental national policy" and impacted multiple generations, it is difficult to predict whether the three-child pro-natalist policy might also become a "fundamental national policy" in the future—or whether it could be enforced through a "one-vote veto system," similar to how the one-child policy was strictly implemented in the past.
For this reason, it is crucial to monitor and study these developments early, assess potential trajectories in advance, and issue early warnings before problematic trends escalate.
The report was drafted by a research team based in Beijing starting in September 2024. It was developed through a review of policy documents, the collection of online information, and both online and offline interviews with women of childbearing age. By late October, the team had completed a 15,000-word initial draft.
Subsequently, the report underwent four rounds of revisions by members of the Monitoring Network and was further refined through two dedicated symposiums held in November 2024 and February 2025. The final version of the report was completed in March 2025.
Current Situation: Six Major Problems and Risks
First of all, women's reproductive autonomy is unduly restricted. One of the most pressing concerns is the restriction of women's reproductive autonomy. In several regions, including Shandong, Fujian, and Henan, men have been denied vasectomy procedures, effectively reducing women's contraceptive options. Some individuals seeking the procedure were reportedly told by medical staff:
"The government has issued an order prohibiting it."
"Since family planning policies have been relaxed, hospitals have stopped performing vasectomies."
Meanwhile, restrictions on single women accessing assisted reproductive technology (ART) remain in place, impacting a wide range of individuals, including heterosexual single women, divorced women, and sexual minority women (such as lesbians). A notable case in August 2024 drew significant media attention: a single woman’s lawsuit for the right to freeze her eggs ended in defeat.
The second alarming issue is the infringement on women's privacy. Many individuals have reported receiving unsolicited phone calls from official community office staff inquiring about their marriage plans and pregnancy intentions, which has sparked widespread public backlash. The report expresses particular concern over the risks associated with privacy breaches in the era of big data. Physiological and medical records, dating and cohabitation history, and other sensitive personal information can be easily tracked, leaked, or even sold for fraudulent purposes. The potential for misuse of such data poses a serious threat to women's rights and security.
Thirdly, the implementation of pro-natalist policies has created unequal effects between those within and outside the public sector. Individuals working in government agencies, public institutions, and state-owned enterprises (SOEs)—collectively known as the "public system" (体制内)—enjoy greater job security and more accessible maternity benefits, making them more likely to comply with birth-pushing policies. Conversely, women in the private sector (体制外) who desire multiple children face greater challenges. The disparity in employment stability and access to family-friendly policies has exacerbated social inequality, disproportionately impacting women who want to have children but lack institutional support.
The forth concern is that overzealous pro-natalist propaganda has not only intensified pressure on individuals but also provoked widespread public resentment. A striking example occurred in 2023, ahead of the Qixi Festival (Chinese Valentine's Day), when the Xi’an municipal government sent mass text messages urging childbirth:
“May your love be sweet, may you marry and have children at the right age, may you have healthy offspring. Let us build a birth-friendly society, continue the bloodline of the Chinese nation, and shoulder the responsibility of national rejuvenation together!”
This message quickly sparked ridicule across social media, with netizens responding sarcastically:
"When they need you, you're just chives(韭菜); when they want you to give birth, they talk about bloodlines."
"Continue the bloodline of cattle and horses, shoulder the responsibility of being chives!"
The Monitoring Network anticipates that online discussions questioning the marriage system and the three-child policy will face increasing censorship. The space for open discourse on marriage and reproduction is likely to become overwhelmingly one-sided.
A clear signal of this shift appeared on January 19, 2025, when the Cyberspace Administration of China (CAC) launched a special campaign titled "Cleansing the 2025 Spring Festival Online Environment". This initiative targeted six key issues, with the first issue on the list being the crackdown on discussions that “deliberately promote and advocate non-marriage and non-childbearing, or oppose marriage and reproduction.”
The fifth risk is expanding “Party cadres leading by example” into nationwide enforcement. The report raises concerns about the potential transition from encouraging Party cadres to have more children to enforcing childbirth policies on the entire population. It warns that China’s One-Child Policy, used to implement for more than three decades, started with voluntary compliance among Party members, government officials, and employees of state-owned enterprises (SOEs) before gradually evolving into nationwide enforcement through intense pressure and coercion.
The sixth concern is potential dual pressures on women from traditionally high-fertility groups, such as rural women and women from certain religious communities. These groups already experience strong societal and cultural expectations to bear multiple children. The report raises a key question: Will the combination of state pro-natalist policies and traditional expectations further erode these women's reproductive autonomy?
Reflection: Boosting Birth Rates Must Not Come at the Expense of Women's Rights
The report argues that any effort to increase birth rates must be based on respecting women's rights and ensuring fair development opportunities.
First and foremost, the report firmly states that violating women's rights in the name of boosting fertility is unjust, unethical, and illegal. According to China’s international commitments and domestic laws, reproduction is a right, not an obligation. Women have the right to bear children, but they also have the freedom not to.
Secondly, the report emphasizes that forcing childbirth through coercion or pressure, restricting access to contraception and abortion, can have severe consequences for women. Such policies could push women into pregnancies and childbirth before they are ready, disrupting their education, career plans, family financial stability, and child-rearing arrangements. Additionally, women may be forced into becoming single mothers against their will, or in more extreme cases, resort to unsafe and expensive underground abortion procedures, endangering their health and lives.
In recent years, some arguments have emerged claiming that low birth rates will lead to labor shortages and economic decline. In response to these concerns, the report presents its third key reflection: low birth rates are not as alarming as they are often portrayed.
The report cites examples of small-population countries that have achieved remarkable economic success. Israel, with a population of just over 9 million, is a global leader in high-tech industries. Switzerland, home to 8 million people, and Finland, with only 5 million people, maintain strong positions in the global economy through advanced manufacturing and technological innovation.
China's current per capita GDP lags significantly behind these nations, indicating enormous room for growth. The report argues that China can achieve high-quality economic development by improving per capita productivity, rather than relying on sheer population expansion.
The report asserts that enhancing productivity is a far more realistic and effective strategy than restricting women’s reproductive autonomy to boost population numbers, even only from a purely pragmatic perspective.
Fourthly, the report argues that pro-natalist policies are unlikely to achieve significant success given the cultural and technological realities of contemporary society. Violating women's rights for the sake of a pro-natalist goal that is unlikely to succeed is even more unjustifiable. South Korea and Japan have implemented birth-encouragement policies for years, yet their fertility rates continue to hit record lows. Even in high-welfare countries like France and Sweden, where governments provide generous childcare subsidies, equal parental leave for men and women, and free daycare services, fertility rates still fluctuate between 1.5 and 1.9 children per woman—a relatively modest impact despite extensive support systems.
The report also highlights a historical case of forced pro-natalism that failed spectacularly: Romania’s 1966 Decree 770, which banned contraception and abortion to force women to have more children. Although the birth rate initially spiked, it quickly plummeted again, making it one of the most notorious examples of a failed population policy.
Recommendations: Prioritizing National Factors
The report recommends that China’s population and fertility policies should adhere to key guiding principles. The first principle is to respect individual choice and reproductive autonomy, and balance policy goals with personal rights.
The second principle is to prioritize national factors, as they are more manageable while global, regional, and cultural influences on fertility trends are difficult to reverse. The report identifies several critical national factors that should be prioritized: addressing the historical consequences of the One-Child Policy, promoting workplace gender equality and increasing male participation in childcare, improving marriage and family systems.
The report's third guiding principle emphasizes the need to focus on individuals who wish to have children but face barriers preventing them from doing so. Efforts should be directed toward removing social, economic, and institutional obstacles that hinder their reproductive choices and helping them fulfill their desire to have children. Instead of forcing those who do not want children to give birth or pressuring individuals who do not wish to have multiple children to have more, policies should prioritize enabling and supporting those who already have a willingness to start or expand their families.
At the specific policy level, the report puts forward six major recommendations, with the first being the removal of existing regulations, restrictions, or bans that infringe on individual reproductive autonomy. For instance, the report calls for eliminating birth quotas, such as restrictions on having only "two" or "three" children. And it calls for lifting excessive restrictions on abortion medication, ending excessive limitations on abortion procedures and sterilization surgeries, abolishing the ban on single women accessing assisted reproductive technologies (ART).
Secondly, the report details measures to address the historical legacy of the One-Child Policy, such as providing support programs for the thousands of bereaved single-child families affected by the Wenchuan earthquake, fulfilling the One-Child Policy's promise of "government-supported elderly care," refunding fines imposed for "excess births" or the collected social maintenance fees, and achieving social reconciliation on family planning issues.
The report's third specific policy recommendation focuses on ensuring employment equality and protecting women's right to work and career development. For example, the government should support and encourage civil society organizations, law firms, and public interest lawyers in monitoring employment discrimination and providing legal aid. Additionally, in public sector recruitment, women should be given priority under equal conditions.
The fourth specific recommendation revolves around childcare support services, including increasing childcare subsidies for low-income families, supporting civil society organizations—especially parent groups—in supervising childcare institutions, encouraging and incentivizing large and medium-sized employers to establish childcare facilities, and expanding the adoption of flexible work arrangements.
The fifth recommendation focuses on strengthening rights protection and social security. Specific measures include penalizing privacy violations such as unsolicited "birth-pushing" phone calls, expanding social security coverage to include unemployed women, and allowing women to access their husband's maternity insurance benefits.
The sixth recommendation suggests that the government should adapt to shifting social attitudes, avoid stigmatizing those who choose to have fewer or no children so that public resistance to pro-natalist policies can be reduced. It advocates for promoting shared parenting responsibilities between men and women, including extending paternity leave, caregiver leave, and parental leave for fathers. Additionally, it calls for improving the marriage system, supporting diverse family structures, fostering a society that is inclusive of children born out of wedlock and children of same-sex parents, and ensuring these children are protected from discrimination.
Full Chinese report: 三孩催生政策对妇女生育权影响研究报告.pdf
AI-translated English report: Three-Child Policy Report_English.pdf
揭示六大问题和隐患 提出三大原则六项建议
《三孩催生政策对妇女生育权影响研究报告》发布
提高生育率应优先从国情入手
不应以侵犯妇女权益为代价
2025年3月6 日,国际“三八”妇女节前夕,民间组织“三孩催生政策监察网络”(以下称“监察网络”)发布了两万余字的《三孩催生政策对妇女生育权影响研究报告》。该报告汇总了中国政府迄今出台的催生政策、概述了政府的各种催生手段、以及呈现了催生政策在各地的具体实施状况,尤其是指出了有待观察、以及可能存在问题的政策,集中披露了政策执行中的偏激和过头倾向。该报告还研究了国人生育意愿及态度,讨论了婚姻制度对生育政策的影响,以及对比了多个国家的生育政策。在上述调查研究和分析的基础上,该报告列出了六大新问题和潜在隐患,并提出了三个方面的原则性建议和六个方面的具体政策建议。
据“监察网络”成员、来自广东的女律师陆妙卿介绍,该网络成员包括资深女权倡导人士、曾代理过计划生育案件的女律师、以及女记者、NGO人士等。网络成员们注意到, 2021年中国放开了三孩生育政策,此后各级政府不断出台各种措施来鼓励生育。然而,该网络成员们观察到,其中一些措施已经引发了舆论争议和公众担忧。例如地方政府工作人员电话询问育龄妇女生育计划、群发号召生育的短信、以及限制结扎手术和流产药物,个别地方政府并且筹备出台号召党员干部带头多生的政策。凡此种种,民间称之为“催生”。由于生育行为主要由妇女负担,这些“催生”行为也严重影响到了妇女生育自主权。
目前过头和偏激的催生政策出现在少数地区,但随着政策的不断推出和地方上的进一步落实,不合情、不合理、不合法的现象会继续增多。而且,监察网络的成员们认为,由于计划生育政策曾经成为“基本国策”而影响了几代人,很难预料三孩催生政策未来会不会也成为“基本国策”、会不会也启用 “计划生育一票否决制”予以强力推动。因而非常有必要早关注、早研究、早推断走向、早发警示。
该报告由北京的研究团队自2024年9月份起开始撰写,通过对政策文件的梳理、互联网信息的收集、以及对育龄妇女的线上和线下访谈,于10月底形成了一万五千余字的初稿。其后经过了网络成员们的四轮修改,并专门于2024年11月和2025年2月举办了两次研讨会,报告最终于2025年三月定稿。
现状:六大问题和隐患
首先,是妇女生育自主权受到不当限制。例如,山东、福建、河南等地出现了男性结扎手术被拒的现象,使妇女的避孕选项减少。有当事人被医务人员告知:“国家下文不让做了”、“由于计划生育政策的放松,医院就已经不做结扎手术了……”。而对单身妇女使用辅助生殖技术的限制仍未取消,影响人群包括异性恋单身妇女、离异妇女、以及同性恋等性少数妇女。2024年8月,媒体广泛报道了单身妇女冻卵维权案件最终败诉。
第二,妇女隐私权受侵犯。例如多地网友表示接到社区工作人员电话,询问个人结婚计划、备孕计划等,带来普遍的舆论反感。该报告尤其担忧,“大数据”时代,生理和医疗信息、约会及同居信息等极其容易被追踪、泄露、甚至转卖用于诈骗。
第三,三孩催生新政对体制内外的影响有差异。行政单位、事业单位和国企等“体制内”人员有更稳定的职业保障和更易落实的生育福利,更可能接受催生政策。对于体制外喜欢孩子、有意愿生育多孩的妇女来说,这种差异加剧了社会不公。
第四,过头宣传带来压力、引发反感。例如,2023年“七夕节”前夕,西安政府部门给民众发送“催生”短信:“愿您爱情甜蜜、适龄婚育、优生优育,共创生育友好,赓续中华血脉,共担复兴重任!” 在社交媒体上引发群嘲:“用你的时候是韭菜,让你生的时候谈血脉。”“赓续牛马血脉,共担韭菜重任!”
监察网络预见,今后在网络上质疑婚姻制度和三孩政策的言论将会面临严厉的审查,婚育方面的讨论将会越来越“一边倒”。2025年1月19日,中共中央网信办启动“清朗·2025年春节网络环境整治”专项行动,专项行动重点整治6方面问题,而排在第一方面的问题就包括了“刻意渲染鼓吹不婚不育、反婚反育等话题”。
第五,报告关注了从“党员干部带头”走向全民强制的隐患。报告指出,四十年前中国的“一胎化”计划生育的压力化和强制化做法,就是从号召党团员、干部、国企、事业单位,逐步推广到全民的。
第六大隐患,报告关注了传统多生群体受到的双重压力。如农村地区妇女、某些宗教群体妇女,在政策及传统的双重作用下,生育自主权会否受到进一步挤压?报告认为需要进一步观察。
思考:提高生育率不应以侵犯妇女权益为代价
报告认为,提高生育率,必须建立在尊重妇女权益、提供公平发展机会的基础上。
报告首先认为,为提高生育率而侵犯妇女权利,不正当、不道德,且违法。根据中国政府的国际承诺和国内法律,生育是权利而不是义务,妇女有生育子女的权利,也有不生育的自由。
其次,报告指出,通过强制或压力手段“催生”、限制避孕和堕胎,对妇女的伤害可能非常严重。将使得妇女在尚未准备好的情况下怀孕和生育,破坏妇女的学业和职业规划、以及家庭的财富积累计划和子女教育安排,并有可能使得妇女被迫成为未婚母亲,还有可能使得妇女被迫寻求昂贵且不安全的地下堕胎。
近年来出现了一些说法,认为生育率低迷将导致劳动力短缺、经济衰退。针对这些说法,该报告明确提出了自己的第三个思考:生育率低迷没那么可怕。报告举出了多个人口小国的例子:以色列人口仅九百多万,但高新技术产业举世闻名。瑞士人口只有八百多万、芬兰人口更是只有五百多万,但依靠强大的制造业和科技创新,依然在全球经济中占据重要地位。报告认为,中国目前的人均GDP与上述国家相比,都有数倍的差距,提升空间巨大。中国完全可以通过提高人均生产力,实现经济高质量发展。这种发展战略,即便仅从效果而言,其现实性也远胜于通过剥夺妇女生育自主权来增加人口的发展战略。
第四,报告认为,在当前人类社会的文化背景和科技背景之下,“催生”政策不可能大获成功,为了不太可能成功的催生目标而侵犯妇女权益的做法,就更不足取。韩国、日本已经实施鼓励生育政策多年,生育率仍屡创新低。即便是法国、瑞典等高福利国家,政府提供高额育儿补助、男女共享育儿假、免费托儿服务,相较大多数国家的政策效果已经相当成功,生育率也始终在1.5-1.9之间徘徊。而曾推行“强制催生”政策的罗马尼亚,1966年的770号法令禁止避孕与堕胎,人口出生率短暂提高之后也迅速下滑,成为失败的人口政策典型。
建议:优先着手国情因素
该报告建议,中国的人口和生育政策应当遵循一些原则性。原则之一是应当充分尊重个体选择权,在政策目标与个人权利两者之间取得平衡。原则之二是优先由国情因素着手,会相对容易。而全球性因素、区域性/文化性因素的逆转难度较大。报告中列举的国情因素有:清理 “一胎化”政策历史遗留问题、促进职场性别平等及男性育儿责任、以及完善婚姻家庭制度。报告提出的原则之三是,应重点关注有生育意愿的人群“想生而不能”的问题,消除这部分人受到的社会障碍和限制,促成这部分人生育愿望的实现。而不是去强制那些没有生育意愿的人、号召那些不想要多孩的人。
在具体政策层面,报告提出六大建议,首先是取消一些现有的规定、限制或禁令,保障个体生育自主权。如“二孩”、“三孩”之类生育数量规定、对流产药物的过度限制、对堕胎及结扎手术的过度限制、对单身妇女使用人类辅助生殖技术的禁令。
其次,报告细化了“一胎化”政策历史遗留问题的清理,例如为汶川地震造成的数以千计失独家庭提供支持计划,兑现一胎化政策承诺的“政府养老”,退还当年因“超生”罚没的款项或征收的社会抚养费,实现在计生问题上的社会和解。
第三个具体政策建议聚焦于落实就业平等,保障妇女的就业权和职业发展。例如,支持和鼓励民间公益机构、律师事务所和公益律师的监督行为和法律援助行为。又例如,“体制内”单位招聘时,同等条件下应当优先招录妇女。
第四大建议围绕育儿支持服务。包括加大对低收入家庭的育儿补贴力度,支持民间组织、尤其是家长组织对托育机构的监督,支持、鼓励大中型用人单位设立托儿设施,增加弹性工作机制的普及力度。
第五方面的建议是强化权利保护与社会保障。例如处罚“电话催生”等侵犯妇女隐私的行为,将无业妇女等纳入保障范围,以及允许妇女使用丈夫的生育险。
第六方面,该报告建议政府顺应现代社会观念转变,要避免贬低“少生”或“不生”,减少社会反感。倡导男女共同承担育儿责任,延长男性陪产假/护理假/育儿假。另外要 完善婚姻制度、支持多元化家庭结构,营造对非婚生儿童、同性父母儿童的友好型社会,保障这些儿童免受歧视。
中文报告全文链接:三孩催生政策对妇女生育权影响研究报告.pdf
报告的AI英译本:Three-Child Policy Report_English.pdf