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Because of refusing to provide frozen eggs to single women, Beijing Obstetrics and Gynecology Hospital affiliated to Beijing Capital Medical University He was brought to court on the grounds of “infringement of general personality rights”.
This is not a simple lawsuit. Xu Zaozao and “Xu Zaozao” are not only seeking equality in childbearing rights, but also long-term existence in society. Gender brave confrontation. This is not the story of a warrior, this is the story of a group of warriors.
Tiger Sniff Young Works
Author | 晰 clear
At the court, Xu Zaozao suffered the same gender gaze as he did in the hospital.
In 2018, under the pressure of huge life, Xu Zaozao, 30, decided to add insurance to her future through frozen eggs. In the workplace, she has just been promoted; emotionally, she has ended a long-term relationship. Based on various circumstances, she believes that she will not marry and have children in the near future.
After a series of inspections, Beijing Obstetrics and Gynecology Hospital affiliated to Capital Medical University confirmed that her physical indicators were normal and her eggs were healthy. When she asked the hospital for frozen eggs, she was rejected because she was single.
Xu Zaozao told Tiger Sniff that during the waiting period, she saw that the doctor was very professional in treating other patients, and explained to them the possibility of fertility and the precautions for them. When it came to Zaozao, when she heard that she was unmarried and wanted to freeze eggs, the doctor switched from professional context to short persuasion among parents.
The doctor advised Zaozao to marry first and have children: “It is important to work or have children?” The tone is like the elders who are common in life. Although it is good intentions, it crosses the border and points at others’ lives.
The softer the tone of the doctor, the more he thinks about jujube and dates, the more he hints that he is very busy, persuading them that they are squeezing the resources of other patients, it seems that jujubes are making trouble unreasonably.
Jujube is very embarrassed. She also spent money on an expert account to seek professional medical advice. However, she was obviously treated differently. It seems that frozen eggs of a married patient are a legitimate need, but she is incompatible. The intruders were entangled in territories that did not belong to them.
Rapid and respected jujubes in the workplace have caused confusion: “I usually look like a person, why have I been taught here like a child?”
At the time, it seemed that the doctor had the right to make such a suggestion. Similarly, in this society, it seems that any stranger can talk about the life choices of an unmarried woman.
Frozen Egg Lab, Image Source: Picture Worm
A year later, Xu Zaozao in court suffered this discrimination again.
On the morning of December 23, 2019, the country’s first “unmarried frozen egg case” was heard in the People’s Court of Chaoyang District, Beijing.
From the hospital to the court, from filing to trial, in these long processes, the strongest reason given by doctors, hospitals and judges is that national laws and regulations have not been liberalized. However, the key point for everyone to persuade Xu Zaozao is all social ethics and cultural ethics. They constantly questioned why Zaozao did not adopt a “normal way” to get married and have children, and even more bluntly: “If you really want to do (frozen eggs), go abroad to do it.”
At present, single women in China who want to freeze eggs can only go to the United States, Japan, Thailand and other countries or Taiwan, Hong Kong and other regions at their own expense.
Previously, an article jointly published by Liang Jianzhang, a co-founder of Ctrip Group, a professor at the Guanghua School of Management, Peking University, and a lawyer, and Zhan Qingyun, a Harvard University doctor of law, wrote: Now, men can save sperm for future birth, that is, for the purpose of “reproductive insurance”, they do not require married status. On the one hand, single men are allowed to freeze sperm, and on the other hand, single women are not allowed to freeze eggs, which is suspected of sex discrimination. , Contrary to the basic national policy of equality between men and women. “
In this regard, Tiger Sniff consulted with a lawyer. The other party stated that China ’s law has no explanation for the differential treatment of men and women in saving sperm and eggs.
The main point put forward by the hospital’s lawyer is somewhat unconvincing: The hospital stated that frozen egg technology still has risks, but the frozen egg technology has been implemented in China as a fertility assisting technology. Beijing Obstetrics and Gynecology Hospital, Beijing Capital Medical University There have also been successful cases of frozen eggs.
At the same time, the hospital believes that the implementation of single women’s frozen eggs technology may delay the birth age of single women, or cause social problems such as single-parent families. As we all know, the delay of the average age of marriage and childbearing for women is the product of multiple reasons such as social development in recent years, and social problems such as single-parent families can also arise from divorce and widowed.
From the attitudes of hospitals and courts, it can be seen that hidden discrimination against women and single women still exists, and this discrimination is even less “hidden.”
In a near-ideal environment such as first-tier cities and high-end workplaces, it has become mainstream to judge a person without regard to gender, marital status, or at least the direction of people’s efforts. Once back in the more intimate context of marriage, birth, etc., the “equality” and “respect” that generations have worked for disappeared.
Xu Zaozao felt ridiculous and helpless when he heard various dignified reasons in court. The judge then adjourned the court and awaited the second trial.
After leaving the court, Xu Zaozao saw that many people were waiting for her outside. In addition to the media, there were many women who came spontaneously, and even a little girl begging her mother to bring her. At that moment, she suddenly relaxed from the tense mood, and even a little excited. She thought cheerfully: Is this the legendary way to help? She even wanted to rush up and talk about the absurd remarks just heard in court.
When she saw so many strangers understand her and support her, the legitimacy and rationality in her heart became stronger and stronger, which contrasted with the frustration in hospitals and courts.
On the Internet, a large number of public opinion in support of single women has spread. Frozen eggs are obviously not a niche demand. Over the years, there have been reports of single women being refused frozen eggs in the media. Among them, why did Xu Zaozao stand up and become the first person in a single woman’s frozen eggs lawsuit?
In the 1960s and 1970s, the French scholar Michel Foucault put forward the “gazing” theory in his books “Crazy and Civilization”, “The Birth of Clinical Medicine” and “Discipline and Punishment”.
Gaze foreshadows a power relationship. The gaze is the subject at a high position, and the gaze is the weak object. “Gaze” is inseparable from the right to speak and the power of knowledge behind it. It is not simply “watching”, but a specific behavior that the gaze exerts on the gaze by virtue of the power relationship. This inequality of power implies It is extremely unfair exploitation and suppression.
The concept of “male gaze” can be traced back to “Visual Pleasure and Narrative Film” published by Laura Murvey in 1975. “Male gaze” is a manifestation of gender differences and power inequality, and is a gendered gazeAlways the subject.
In a patriarchal society, women are viewed as the second sex. Men enjoy peeping and pleasure through various media and channels, and impose their own aesthetics and expectations on women.
Under the traditional Chinese power model and social division of labor, women are in absolute disadvantage. People often unconsciously rationalize and normalize the “male gaze”, and develop tedious social and family norms to encourage men’s strong posture. At the same time, it limits the sight and gaze range of women, making the male perspective a dominant viewing angle.
In some extreme cases, “male gaze” has gradually become the only point of view for women to gaze at themselves. Finally, even without the involvement of men, women have learned to domesticate themselves and weaken their sense of existence. The shaping and education of girls in patriarchal society has thus formed a closed loop.
“Crazy and Civilization” and “Visual Pleasure and Narrative Movie”
Xu Zaozao told Tiger Sniff that she felt she had been living in “gender gaze”. This feeling is most obvious when you are in those inevitable wine bureaus.
In the past, she kept her black long straight, wore skirts all year round, worked in more traditional companies, and dealt with typical middle-aged men and straight men among many gender stereotypes.
Zao Zao is not an employee of the business department, but when talking with customers, leaders often tell her to go with her. When she goes, she sits, and no one asks her opinions on professional things.
After three rounds of drinking, the men began to talk about the stock market and the international situation, but no one would care about her point. As soon as they chat with Zaozao, they will ask a lot of overly personal questions, praise her for being pretty, ask the little girl if she has a target, why not get married. The toast to her will always be younger and more beautiful, and no one will ever wish a young girl a successful career and a promising future.
A working woman with the ability and careerThe significance of the wine bureau is just a foil. It seems that in such a dinner, “it would be too dull to call a few little girls”.
This feeling is suffocating.
She continues to be exposed to the “gaze” of men and the society towards women. This gaze is everywhere, full of scrutiny and playfulness. Women are forced to be gentle, to be in good posture, to be decent in smiles, and in the workplace, their professional ability is not recognized accordingly. In the family, marriage and childbirth are their default options.
At the end of 2018, Xu Zaozao cut her long hair into sharp short hair. I don’t know if she is more confident and powerful, or whether her short hair really weakens her feminine femininity. She feels that her “gazing” feeling has decreased.
The professional impression of strong ability and high efficiency that matches her own is gradually established. When talking about the business, the other person’s unnecessary imagination is less, and he can focus more on professional matters.
Xu Zaozao with short hair, picture source: provided by the interviewee
Define and Carol: Rebellion Muse is a documentary released by director Calisto McNordi in 2019, documenting the legendary actress DeFine Serig and the female video artist Card Rolle Rothopoulos met in France in the 1970s and joined hands to join the wave of the women’s liberation movement in France.
They held video recorders and walked through various feminist parades and