I saw the opening of the second child, but did not see the policy follow-up: a piece of paper proves that the pregnant woman and the floating child are stuck [the reproductive rights are not guaranteed, and the mother's day is not happy 02]

The original text was published on May 16, 2018, and the original first release of the Jianjiao tribe.

"The moment I got the birth-planning certificate, I was full of bitterness and tears. I ran to many places, read many posts, and finally got you. Tomorrow morning, I made an appointment with a doctor to set up a card and do a maternity examination. I just waited for this piece of paper, and dragged It's been a long time..."

"That's it. Before, I was able to pay at my own expense before reimbursement, but now I have to have all the documents to be reimbursed. My colleague was in the Heng production inspection last year, and the policy was changed after New Year's Day.

"Because of this family planning certificate, I didn't go to the hospital until 13 weeks to get a card, and I broke my legs when I walked around."

Seeing the mothers sharing their experiences of establishing a card and applying for a family planning certificate in the exchange forum, Xiao Zhu once again recalled his experience more than two years ago.

Hospital: No family planning certificate will not be admitted

At the beginning of 2016, one night when Xiao Zhu was about 10 weeks pregnant, she suddenly felt uncomfortable, so she rushed to a public hospital accompanied by her family. The hospital asked Xiao Zhu to show his family planning certificate before he agreed to be admitted.

"At that time, we were in a hurry, and we hadn't got our family planning certificate yet. We were so anxious at the time, for fear that there would be something wrong with the baby, but the public hospital didn't see the family planning certificate and ignored us at all. In desperation, we had to go to a nearby place. In a private hospital, the examination was carried out in an emergency." Xiao Zhu still feels scared when talking about that night.

In Shenzhen, employees need to establish a production inspection file (also known as a card) for various production inspections, and to build a card, they must first issue a family planning certificate.

The "Shenzhen Human Resources and Social Security Bureau's Implementation Measures for the Provisions on Maternity Insurance for Employees in Guangdong Province" stipulates that: For employees who have participated in maternity insurance for one year accumulatively, the maternity medical expenses incurred in designated medical institutions in this city shall be paid by card. Bookkeeping shall be settled directly by the municipal social insurance agency and designated medical institutions according to the medical service price standard of non-profit medical institutions in this city.

When employees swipe their cards to keep accounts, they also need to provide the following materials to the designated medical institutions in this city:

(1) The identity certificate of the person enjoying the treatment (2) The social security card (3) The hospital diagnosis pregnancy certificate (prenatal examination or delivery)
(4) Proof of compliance with family planning regulations (prenatal examination or delivery)

"Originally, maternity insurance is for female employees, but now it has become an obstacle because of family planning certificates. I hope that the requirement that maternity insurance needs to apply for family planning certificates can be cancelled in the future." Xiao Zhu said.

However, the hope is beautiful, the reality is cruel. Just two days before Mother's Day, the Shenzhen Municipal Health and Family Planning Commission issued a new version of the "Administrative Measures for Family Planning Certificates in Shenzhen" (Shenwei Jigui [2018] No. 3), which once again clarified that "persons who go through maternity insurance confirmation procedures" "Shenzhen Family Planning Certificate should be handled. In the face of this policy requirement, mothers may not be happy on Mother's Day.

Unit: Leaders are looking for a talk, and they will be dismissed if they are overtime

Many migrant mothers are unable to apply for family planning certificates. They had to give up their maternity insurance and give birth to their children at their own expense, but what awaited them was the risk of losing their jobs.

Satsuki has been waiting anxiously for the past two years, waiting for the result that will decide her and her husband's fate...

That summer two years ago, the second treasure in the family was born. After a short period of joy, it also means that we have embarked on a long road to strive for "legal status" for the second treasure...

Xiaoyue and her husband remarried, and her husband and ex-wife had two children, both of whom were raised by the woman. At the end of 2015, Xiaoyue and her husband were pregnant with a second child. At the same time, Guangdong Province issued new family planning regulations, but did not make clear regulations for remarriage families.

The Xiaoyue family began to worry about whether Erbao could be recognized as a childbirth within the policy. Although Er Bao was born after the comprehensive two-child policy was introduced, considering that her husband works in a state-owned department in Guangzhou, once it is identified as a superbirth, her husband may face the risk of being dismissed.

"At that time, I repeatedly asked the Guangzhou Health and Family Planning Commission whether my family's situation was a super-birth, and the reply was "the situation is complicated and needs to be further studied and confirmed." identified as a violation of the family planning policy."

Xiaoyue Erbao was born in July 2016. It was not until September 29 of that year that Guangdong Province Family Planning Regulations issued detailed rules on remarriage families. One of them stipulated that: remarriage couples, one party has no children before the remarriage, and the other party has two children. Or more children, can have one more child.

Therefore, according to this regulation, the family planning department determined that Xiaoyue's second treasure was a superbirth.

Satsuki and her husband did not agree with this result. "First of all, it was a problem to conclude that my previous childbearing behavior was overbirth based on the new regulations issued after the birth of the child. Secondly, when my wife was pregnant, I consulted the official website of the Health and Family Planning Commission, and there was no one at that time. Said we couldn't have a second child."

"Bao Dad's pressure in the original unit is getting bigger and bigger, because he was identified as violating family planning, the bonus of Bao Dad's colleagues last year was cancelled, and various opportunities were also excluded. Bao Dad worried that these things would also happen to him, mentally The pressure is increasing."

In December 2016, after struggling for a whole year, Satsuki and her husband were forced to file a lawsuit.

"The original idea was to confirm that my second treasure complies with the policy, but over the past year, we have searched a lot of materials. We found that maybe what we really need to solve is to implement the national policy in Guangzhou, and to solve the loose family planning policy. The issue of tying up with the right to work. All of this is about policy adjustment, and our personal struggle cannot be realized at all. Sure enough, just over a month ago, we lost the case. Our children are still gray." Erbao thing, sleepless all night.

Compared with Satsuki, Xiaomin's luck seems to be better.

Xiaomin has been working in Zhejiang for almost seven years. Her second treasure was born in 2015. At that time, although Xiaomin did not meet the two-child policy, she was not too worried. She was only worried that she might have to pay social maintenance fees.

"According to the requirements of the superior, our factory will regularly conduct statistics on the family planning status of employees. After Er Bao was born, I was found to be in violation of the family planning policy, and the factory proposed to terminate the labor contract with me. Er Bao was less than six months old at that time. My husband and I don’t have a high income, and I still have children at home, so the pressure of sudden unemployment will be great.”

Xiaomin raised an objection and filed for labor arbitration. Fortunately, Xiaomin finally won. The arbitration determined that the unit's dismissal of her was not in compliance with the law. Maybe Satsuki can't understand why her husband who works in the public sector has become so weak at this time.

In fact, Xiaoyue and Xiaomin are going through a policy change: At the end of October 2015, the Fifth Plenary Session of the 18th Central Committee of the Communist Party of China was held, and the communique announced the implementation of the comprehensive two-child policy. On January 1, 2016, the revised "Population and Family Planning Law" was implemented, and the comprehensive two-child policy was officially implemented.

However, the central government has fully opened up the second child, and the tie between local family planning policies and employment has not been lifted. Many enterprises, especially state-owned enterprises, still link family planning to employment, and if their children are identified as "exceeding births", they are likely to be fired.

"The termination of labor contracts for those who violated the regulations violates the spirit of special labor protection for female employees, and is inconsistent with the spirit of equality between men and women in international labor standards." Wang Quanxing said in an interview with a reporter from Legal Daily. Although some experts have suggested that the provisions in the local population and family planning regulations that relevant enterprises should fire or terminate labor (employment) contracts for their overborn employees should be revised in due course. But local feedback was less timely and even disputed the suggestion.

In practice, the regulations on public servants are more stringent. For example, Article 40 of the “Guangdong Province Population and Family Planning Regulations” newly revised on September 29, 2016 stipulates that “state organs and institutions, state-owned enterprises, state-owned Holding enterprises and township collective enterprises shall give dismissal or rescind employment contracts to their overtime employees.”

Although the "Several Regulations on Family Planning in Shenzhen City" issued by Shenzhen in November 2017 made many reforms on family planning certificates, it stipulates that those who are to be recruited (hired) or transferred to work in state organs and institutions still need to provide birth certificate. Second-child parents, who are in the middle of a disconnected policy between the central government's encouragement of childbirth and the implicit attitude of the local government, cannot enjoy basic reproductive rights and may even lose their jobs as a result.

School: Denied application for admission

Even if you risk losing your job, give birth to a child, and raise your child with hard work, the nightmare of "family planning" will still continue, because soon the child will go to school, and the proof of family planning will become an insurmountable hurdle.

A Hong's hometown is Sichuan, and A Hong's family lives in Cixi, Zhejiang. In order for the second child in the family to enroll in Cixi, A Hong and her husband ran for an unknown number of times, but in the end they lost to a family planning certificate and were unable to keep the second child by her side to study.

Like the stories of many mothers, A Hong's story has to go back to 2016, when the second child was just released. That year, the second baby was due to go to primary school, and A Hong made preparations early. "Although the second child of our family was born before the policy was released, he has already paid social maintenance fees in accordance with the regulations. I think there should be no problem. Besides, the country has now released the second child." A Hong still retains the society of the second child. Certificate of completion of child support payments.

However, things did not develop according to A Hong's vision. After several unsuccessful communications, on June 1, 2016, the school rejected Erwa's admission request because it did not meet the "2016 Joint Examination Process for Migrant Children's Admission Qualifications".

A Hong and her husband have stayed in Cixi, Zhejiang for several years. Both children were born and raised in Zhejiang. Cixi is already a second home. Now the child cannot go to school, which means that the couple will have to send their six-year-old child back for several years. I never go back to my hometown.

A Hong and his wife could not bear the separation of their parents and children, and decided to fight for their children, so they took the Education Bureau to court, hoping for a change. However, on the eve of the start of the school year, the A Hong couple still received a judgment from the court: losing the case.

It has been almost two years since Ah Hong’s experience, and the enrollment policy for migrant children in Ningbo has not changed, and a family planning certificate is still one of the basic conditions. How big is the impact of the family planning certificate on the admission of migrant children? We tried to sort out the admission patterns of migrant children in cities such as the Yangtze River Delta and the Pearl River Delta where migrant children are concentrated, and found that there are two main modes of admission for migrant children: points admission and residence permit + Admission Conditions There are two main modes of admission .

The so-called points-based admission refers to the arrangement of migrants entering households and their children’s admission to public schools by means of points ranking, which further promotes the equalization of public services. The points are composed of three parts: basic points, additional points and deduction points. At present, the main cities that implement points admission are: Shenzhen, Guangzhou, Dongguan, Wenzhou, Suzhou, Foshan, Huizhou, Xiamen, Ningbo. In the point enrollment model, only Huizhou canceled the family planning points item in 2016, but Guangzhou, Shenzhen, Dongguan, Wenzhou, Suzhou, Foshan, Xiamen and other places still retain the point item for family planning status. What needs to be explained here is that although the points-based admission model ultimately determines whether admission is possible based on points, each city has set the basic conditions for participating in points-based admissions. People are divided into six categories for reclassification points for admission.

Ningbo City must meet four conditions: parents' residence permit for one year, parents' social security for one year in a row, no guardianship certificate in the household registration place, and compliance with the family planning policy to participate in the points.

The second mode of admission is residence permit + access conditions. Specifically, it refers to the residence permit as the basic condition and also needs to meet the relevant conditions such as residence certificate, employment certificate, social security certificate, family planning certificate, etc. Those who meet the requirements can receive compulsory education in the inflow area, and those who do not meet the requirements cannot study.

In 2016, Cixi City, where Ahong is located, belongs to the model of residence permit + access conditions, in which compliance with the family planning policy of the inflow area is one of the access conditions. Since 2017, Ningbo City has adjusted the residence permit + access conditions to the point-based admission model, of which the family planning points are 100 points, but Cixi City, which is under the jurisdiction of Ningbo City, still implements the access system.

Several major cities and conditions that implement residence permit + access conditions are as follows:

From the above analysis, it can be found that although it has been more than two years since the second child was fully liberalized on January 1, 2016, regardless of whether the inflow cities adopt the "residence permit + access conditions" model or the "point admission" model, the vast majority of cities have migrant workers. Family planning-related certificates are still required for children to enroll.

Back on January 1, 2016, in addition to the full liberalization of the second child, another policy related to the enrollment of migrant children is also worthy of our attention: The State Council's "Interim Regulations on Residence Permits" came into effect. Article 12 of the Regulation provides:

"Residence permit holders have the right to enjoy labor and employment, participate in social insurance, and pay, deposit, withdraw and use housing provident funds in the place of residence in accordance with the law. The people's governments at or above the county level and their relevant departments shall provide residence permit holders with the following basic public services :

(1) Compulsory education (2) Basic public employment services (3) Basic public health services and family planning services (4) Public cultural and sports services (5) Legal aid and other legal services (6) Other basic public services stipulated by the state”

Although the policy stipulates that migrant children enjoy compulsory education in accordance with the law, however, more than two years have passed, and the implementation of the "Interim Regulations on Residence Permits" still faces many challenges. Migrant children are still far away from holding a residence permit in their place of residence and wishing to enjoy free compulsory education. ...

When maternity is linked to social welfare and rights such as medical care, employment, and education, and the maternity policy is constantly changing, as long as there is a problem in a certain link, people will face the dilemma that basic rights and interests cannot be guaranteed.