OECD国家托育服务立法经验及其对我国的启示

The Legislative Experience of Childcare Service in OECD Countries and Its Enlightenment to China

  • 摘要: 2019年以来,我国婴幼儿照护服务引起了前所未有的重视和高度关注,有关婴幼儿照护服务的相关政策密集出台。2023年9月,《中华人民共和国托育服务法》被正式列入十四届全国人大常委会立法规划。梳理OECD国家在托育服务立法方面的经验,可为我国托育服务立法提供一定的启示。OECD国家托育服务立法的主要经验有:将托育服务由私事上升为国事;由家庭提供的私人产品变为由政府主导提供的公共产品;承认婴幼儿获得托育服务权、受教育权的基本权利;政府承担托育服务的相应给付义务与保护义务。对我国托育服务立法的基本启示是:承认、尊重与保障婴幼儿获得托育服务的基本权利;确认托育公共服务的性质;加强托育服务的多样性和可选择性;政府需要坚持托育服务的责任底线,即确保托育服务可获得、能承受、有质量。

     

    Abstract: Since 2019, China's infant care services have attracted great attention before, and relevant policies on infant care services have been intensively made since then. In September 2023, the "Law of the People's Republic of China on Childcare Services" was formally included in the legislative planning of the 14th National People's Congress Standing Committee. It is a "draft law that needs to be accelerated and submitted for deliberation when conditions are ripe." This paper aims to provide some inspiration for the legislation of childcare service in China by reviewing the experience of OECD countries in the legislation of childcare service. The main experiences in the legislation of childcare services in OECD countries include: raising childcare services from private affairs to state affairs; Private goods provided by households become public goods provided by the government; Recognizing the basic rights of infants and young children to receive childcare services and education; The government shall undertake the corresponding payment obligation and protection obligation of the childcare service. The basic enlightenment to our country's nursery service legislation is: to recognize, respect and protect the basic rights of infants and young children to get nursery service; Identify the nature of public services for childcare; Enhancing the diversity and choice of childcare services; The Government needs to adhere to the bottom line of responsibility for childcare services, which is to ensure that childcare services are accessible, affordable and of good quality.

     

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