REPRODUCTIVE HUMAN RIGHTS: SPECIFIC TOPICAL ISSUES
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 5, Issue
Abstract
The article deals with analysis of specific topical issues of reproductive rights. In particular, issues of assisted reproductive technologies, specificity of their regulation at the international and national levels are studied. Particular emphasis is placed on the issue of legal regulation of surrogate motherhood in Ukraine. Sustainable development of the society in any country depends heavily on its demographic prospects directly related to reproductive health of the nation. Reproductive rights include a person’s ability to make free and independent decisions on their reproductive health, including children birth, time and intervals between their birth, the right to make a decision on procreation without discrimination, threats and violence, as well as recognition of the right to obtain relevant information. Nowadays, one of the most topical issues of the biomedical ethics is development of reproductive technologies, in particular so-called assisted reproductive technologies. Assisted reproductive technologies (hereinafter referred to as ART) are methods of infertility treatment in which operations concerning reproductive cells, particular or all stages of reproductive cell preparation, fertilization processes and embryo development prior to their transferring to a patient’s uterus are carried out in vitro. In terms of ART legal regulation, there is an extraordinary complexity of the surrogate motherhood which is a way of infertility management being increasingly in demand. It is a practice in which a woman (called a surrogate mother) becomes pregnant and gives birth to a child for the purpose of giving it to another person who cannot have their own children. The demographic situation in Ukraine demands an effective, planned policy on protection of citizens’ reproductive rights by the state. Therefore, we consider that it is necessary to control issues of reproductive human rights at the level of a relevant substantive law in which a separate section should provide for legal aspects of the surrogate (replacement) motherhood. Moreover, it is necessary for the state to provide guarantees, primarily financial ones, concerning the right to infertility treatment, disabled people’s reproductive rights etc.
Authors and Affiliations
І. К Полховська
Keywords
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