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“失独”给家庭带来严重的社会疏离感和养老危机,并导致家庭的社会支持网络发生萎缩。适当生活水准权作为国际社会的共识,体现着对弱势群体的救助与保护,意在实现社会的公平和正义。国家保障失独家庭的适当生活水准权,是宪法和相关法律的内在要求,是履行国家的政治承诺,也是对制度风险的积极回应。从失独家庭的普遍需要出发,国家可以通过提高扶助水平、加强医疗卫生投入和建立完善的社会服务体系,从而保障失独家庭的适当生活水准。
“Loss of independence” has brought serious social alienation and pension crisis to families and has led to the shrinking of the family’s social support network. The right to an adequate standard of living, as the consensus of the international community, embodies the assistance and protection of vulnerable groups and aims at achieving social fairness and justice. The right of the state to guarantee the right to an adequate standard of living for the family out of control is an inherent requirement of the Constitution and related laws, a political commitment of the state, and a positive response to institutional risks. Starting from the general needs of the families with the loss of independence, the state can guarantee the proper standard of living for the family members who have lost their lives by raising the level of support, strengthening the investment in health care and establishing a sound social service system.