scholarly journals The best interests of the child in medically assisted reproduction: A moral-constitutional overview

2021 ◽  
pp. 37
Author(s):  
Fereniki Panagopoulou - Koutnatzi
Keyword(s):  
Human Rights ◽  
Assisted Reproduction ◽  
Elderly Women ◽  
Single Parents ◽  
Best Interests ◽  
Same Sex ◽  
Borderline Cases ◽  
Medically Assisted Reproduction ◽  
Same Sex Couples

The infinite and constantly developing options of medically assisted reproduction (MAR) reasonably raise the issue of its permitted range. Proponents of human rights fight for the strengthening of the reproductive right, the access to it by even more people, such as single parents, same-sex couples, elderly women, HIV carriers etc. Still concerning, however, is the fact that the defenders of human rights often forget the rights of the fetus or the child, which cannot be expressed with the same intensity. In the framework of the present study, we investigate the true interests of the child in MAR, in relation to the reproductive right in the light of some borderline cases.

scholarly journals The transforming family: Heterologous fertilization and the new expressions of family relationships in Italian jurisprudence and European Court of Human Rights rulings

2019 ◽  
Vol 19 (4) ◽  
pp. 282-297 ◽  
Author(s):  
Gianluca Montanari Vergallo
Keyword(s):  
Human Rights ◽  
Family Relationships ◽  
Best Interests ◽  
Same Sex ◽  
Legal Principles ◽  
The Public ◽  
Same Sex Couples ◽  
Medically Assisted Procreation ◽  
European Court ◽  
Assisted Procreation

The rise of Medically Assisted Procreation has led to the issue of how to determine who is entitled to parental status and custody rights. In this article, the author comments upon the rationale and legal principles that Italian Courts have applied in order to solve those problems, given the absence of a targeted piece of legislation. The principle of the child’s best interests, the ‘public order’ clause and various rulings from the European Court of Human Rights constitute the foundations on which legal trends have developed, allowing same-sex couples to become parents through ‘stepchild adoption’ or the legal registration of children born through heterologous fertilization practices abroad. Italy has therefore repositioned itself a step closer to the middle ground with respect to the overall European scenario: Italy’s law now acknowledges motherhood for intended mothers, although it continues to stop short of recognizing same-sex marriage.

scholarly journals Democratic Values, Religiosity, and Support for Same-Sex Marriage in Latin America

2017 ◽  
Vol 59 (4) ◽  
pp. 75-98 ◽  
Author(s):  
Michelle L. Dion ◽  
Jordi Díez
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Latin American ◽  
Capital City ◽  
Religious Values ◽  
Democratic Values ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Latin American Countries

AbstractLatin America has been at the forefront of the expansion of rights for same-sex couples. Proponents of same-sex marriage frame the issue as related to human rights and democratic deepening; opponents emphasize morality tied to religious values. Elite framing shapes public opinion when frames resonate with individuals’ values and the frame source is deemed credible. Using surveys in 18 Latin American countries in 2010 and 2012, this article demonstrates that democratic values are associated with support for same-sex marriage while religiosity reduces support, particularly among strong democrats. The tension between democratic and religious values is particularly salient for women, people who live outside the capital city, and people who came of age during or before democratization.

State Obligations in Relation to Gender Identity and Rights of Same-Sex Couples

2021 ◽  
Vol 194 ◽  
pp. 277-462
Keyword(s):  
Human Rights ◽  
Gender Identity ◽  
Family Life ◽  
Same Sex ◽  
Content Type ◽  
Name Change ◽  
Same Sex Couples ◽  
State Obligations ◽  
Administrative Procedures ◽  
And Gender

277Human rights — Gender identity — Rights of same-sex couples — State obligations concerning recognition of gender identity and rights of same-sex couples — American Convention on Human Rights, 1969 — Right to equality and non-discrimination of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons — Article 1(1) of American Convention on Human Rights, 1969 — Whether sexual orientation and gender identity protected categories under Article 1(1) — Right to gender identity — Right to a name — Whether States under obligation to facilitate name change based on gender identity — Whether failure to establish administrative procedures for name change violating American Convention on Human Rights, 1969 — Whether name change procedure under Article 54 of Civil Code of Costa Rica complying with American Convention on Human Rights, 1969 — Right to equality and non-discrimination — Right to protection of private and family life — Right to family — Whether States obliged to recognize patrimonial rights arising from a same-sex relationship — Whether States required to establish legal institution to regulate same-sex relationshipsInternational tribunals — Jurisdiction — Inter-American Court of Human Rights — Advisory jurisdiction — Whether advisory jurisdiction restricted by related petitions before Inter-American Commission on Human Rights — Admissibility — Whether request meeting formal and substantive requirements — Whether Court having jurisdiction

Occupational apartheid and human rights: Narratives of Chilean same-sex couples who want to be parents

2020 ◽  
Vol 27 (1) ◽  
pp. 39-53 ◽  
Author(s):  
Rodolfo Morrison ◽  
Lilian Araya ◽  
Josefina Del Valle ◽  
Vivian Vidal ◽  
Katherine Silva
Keyword(s):  
Human Rights ◽  
Same Sex ◽  
Same Sex Couples

scholarly journals The Church of England and Same-Sex Marriage: Beyond a Rights-Based Analysis

2019 ◽  
Vol 21 (2) ◽  
pp. 153-178 ◽  
Author(s):  
Charlotte Smith
Keyword(s):  
Human Rights ◽  
Pastoral Care ◽  
Church Of England ◽  
Institutional Response ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
The Church ◽  
Apparent Conflict ◽  
Do So

Some scholars, faced with the apparent conflict between the Church of England's teaching on marriage and the idea of equal marriage embraced by the Marriage (Same Sex Couples) Act 2013, have focused on the implications of that Act for the constitutional relationship between Church, State and nation. More frequently, noting the position of the Church of England under that Act, academics have critiqued the legislation as an exercise in balancing competing human rights. This article by contrast, leaving behind a tendency to treat religion as a monolithic ‘other’, and leaving behind the neat binaries of rights-based analyses, interrogates the internal agonies of the Church of England as it has striven to negotiate an institutional response to the secular legalisation of same-sex marriage. It explores the struggles of the Church to do so in a manner which holds in balance a wide array of doctrinal positions and the demands of mission, pastoral care and the continued apostolic identity of the Church of England.

scholarly journals AN ATTEMPT FOR THE PROTECTION OF SEXUAL DIVERSITY IN BRAZILIAN LAW

2018 ◽  
Vol 2 (2) ◽  
pp. 143-165
Author(s):  
Marcos Vinicius Torres Pereira
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Daily Life ◽  
The State ◽  
Same Sex ◽  
Sexual Diversity ◽  
Same Sex Couples ◽  
The Road ◽  
Bar Association ◽  
State Of Art

This article intends to talk about a democratic initiative of the Brazilian Bar Association to promote human rights and sexual diversity in Brazil.  Brazil is walking up the road to protect LGBTI citizens and to legally recognize same-sex couples.  The country has guaranteed many rights to homosexual couples and their children, but the lack of a specific act to rule these matters is a problem in a country whose legal system is still very dependent to legal acts and positivism.  This work tries to show the state of art of homosexual couples’ rights in Brazil and how the proposal of a new statute to protect the rights of LGBTI people, in all aspects of their daily life could protect them and contribute for a democratic society. 

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