REPRODUCTIVE RIGHTS OF MINORS AMONG PERSONAL NON-PROPERTY RIGHTS OF CHILDREN
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 2, Issue
Abstract
The article provides a general description of individual reproductive rights of minors, which are tentatively relegated to the fourth generation of human rights. The author analyse the essence of reproductive rights as a form of personal rights, define an individual’s reproductive rights as personal options to protect reproductive health, freely take and implement decisions about conception, giving birth or refusal to give birth to children both in or out of marriage, methods of conception and birth of children, including by means of assisted reproductive technologies, number of children, time and place of birth, the intervals between births necessary to protect the mother’s and child’s health, as well as the right to medical, social, and information support and advice in this area, as guaranteed and encouraged by the state. An individual’s reproductive rights include rights to: 1) free reproductive choice, including the right to establish and plan family; 2) obtain re- productive health protection and family planning services; 3) obtain accurate and complete information about theirreproductive health; 4) obtain healthcare services during pregnancy, childbirth and after childbirth; 5) infertility treatment, including the use of modern assisted reproductive technologies; 6) donation of gametes and reproductive cells (cryopreservation); 7) use and free choice of contraceptive methods; 8) surgical sterilization; 9) induced termination of pregnancy; 10) take decisions in cases of medical intervention related to reproductive health, except in situations that create threat to life and require urgent intervention and other cases stipulated by law; 11) protect their reproductive rights, including against all forms of pressure, including sexual exploitation and abuse, forced pregnancy, abortion, sterilization, and other violations of reproductive rights; 12) right to the confidentiality of information on the implementation of reproductive rights, along with the classification of such rights. It is concluded that some of these rights belong to minors and so there exists a need for a separate regulation to cover this group of individual rights.
Authors and Affiliations
А. О. Дутко
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