scholarly journals Legal Responsibility for Abuses and Crimes in the Field of Artificial Human Reproduction

Lex Russica ◽  
2019 ◽  
pp. 48-52
Author(s):  
N. V. Kruchinina
Keyword(s):  
Human Rights ◽  
Assisted Reproductive Technologies ◽  
Reproductive Technologies ◽  
Human Reproduction ◽  
Legal Responsibility ◽  
Human Beings ◽  
Artificial Reproduction ◽  
Forensic Research ◽  
Human Reproductive ◽  
Common Understanding

The article analyzes different points of view concerning reproductive human rights. Every year the number of cases when assisted reproductive technologies are used is increasing in Russia. The author draws attention to the lack of a common understanding of reproductive human rights, their protection and regulation in different countries of the world, to different perceptions of legal responsibility for abuses in the field of artificial reproduction of human beings, and to the existence of different definitions of crime in the field of human reproduction.The article presents an overview of foreign legislation on criminal law protection of human reproductive functions. The study of criminal and civil cases and examination of scientific developments in this area compels the author to admit the existence of abuses and crimes in the field of artificial reproduction of human beings. The article attempts to determine the list of crimes against reproductive human rights and considers them as an object of forensic research.

scholarly journals Foreign experience in protecting human reproductive rights from crime

2021 ◽  
pp. 162-169
Author(s):  
P. A. Kulakova
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Reproductive Rights ◽  
Human Reproduction ◽  
Artificial Reproduction ◽  
Surrogate Mothers ◽  
Foreign Experience ◽  
Human Reproductive ◽  
Points Of View ◽  
Genetic Parents

The purpose of the research is to determine the features of foreign experience in protecting reproductive human rights from crimes. The article analyzes the legislation regulating human reproductive rights, provides various points of view of scientists regarding artificial human reproduction. The scientific novelty of the work consists in the development of various mechanisms to protect the legal status of both surrogate mothers and genetic parents, which helps to reduce crime. As a result, the models of perception of the phenomenon in question are defined, both in Europe and in the Asian region. Various ways to minimize legal conflicts are suggested. In addition, taking into account this kind of reality, we have identified differential approaches to the issue of legal liability for abuse in the field of artificial reproduction to people in the countries of the European and Asian continents. They also identified specific features of the work of Russian clinics as agents of medical and genetic consultations with foreign citizens (In particular, the Netherlands, Thailand, and some USA States). 

scholarly journals High-Tech Linked Crimes

2019 ◽  
Vol 13 (5) ◽  
pp. 740-746
Author(s):  
Yevgeny Ishchenko ◽  
Nadezhda Kruchinina
Keyword(s):  
Assisted Reproductive Technologies ◽  
Reproductive Rights ◽  
Reproductive Technologies ◽  
Human Reproduction ◽  
Modern World ◽  
High Tech ◽  
Population Replacement ◽  
Assisted Reproduction Technologies ◽  
Human Reproductive ◽  
High Technologies

Modern research advanced open wide prospects for socio-economic and cultural progress, but they could also pose a threat for human rights and liberties. It is stated in the article that the transformation of the modern world under the influence of high technologies is leading to the emergence of new types of crimes; the authors show the necessity of developing a criminal law reaction to crimes connected with artificial intelligence, cybercrimes, crimes in the sphere of biotech, as well as the need to work out new approaches to fighting crimes linked to high technologies. The authors claim that the foundations for digital criminalistics have already been laid. They analyze the use of hi tech with criminal purposes in different spheres, including assisted reproductive technologies, and stress that the problems of population replacement, connected with human reproductive functions, are essential for the existence and development of any state and society. Meanwhile, there are considerable discrepancies in how different countries understand human reproductive rights, their protection and regulation. The criminal nature of different actions in the sphere of human reproduction is also understood differently. Modern medical technologies open up great possibilities in the sphere of assisted human reproduction, at the same time, this area is connected with legal risks. The authors attempt to compile a list of crimes against reproductive rights of humans and to view them as a unified object of criminalistic research. It is noted that the use of biotechnologies with criminal purposes could take the form of improper exercise and excess of authority, corruption, fraud and extortion. The article includes the results of the criminalistic analysis of legislation regarding assisted reproduction technologies. It has been revealed that the use of such technologies in Russia is growing year by year, while the legislation regulating legal relations in this sphere makes it possible to use its imperfections and to commit abuses and crimes connected with various falsifications. It is proven that the task of criminalistics is to develop effective technical, tactical and methodological recommendations with the goal of identifying and investigating criminally punishable falsifications. Specifically, it is recommended to introduce obligatory notarization of the surrogacy contract, and to change the procedure of presenting corresponding documentation to registry offices.

scholarly journals Inositol and vitamin D may naturally protect human reproduction and women undergoing assisted reproduction from COVID-19 risk

2021 ◽  
pp. 113-117
Author(s):  
M.S. Bezerra Espinola ◽  
M. Bertelli ◽  
M. Bizzarri
Keyword(s):  
Vitamin D ◽  
Immune System ◽  
Pregnant Women ◽  
Assisted Reproductive Technologies ◽  
Respiratory Infections ◽  
Phosphatidyl Inositol ◽  
Reproductive Technologies ◽  
Human Reproduction ◽  
Risk Category ◽  
Virus Species

In late 2019, the new Coronavirus has been identified in the city of Wuhan (China) then COVID-19 spreads like wildfire in the rest of the world. Pregnant women represent a risk category for increased abortion rates and vertical transmission with adverse events on the newborns has been recently confirmed. The scientific world is struggling for finding an effective cure for counteracting symptomatology. Today, there are many therapeutic proposes but none of them can effectively counteract the infection. Moreover, many of these compounds show important side effects not justifying their use. Scientific literature reports an immune system over-reaction through interleukins- 6 activation. In this regard, the possibility to control the immune system represents a possible strategy for counteracting the onset of COVID-19 symptomatology. Vitamin D deficiency shows increased susceptibility to acute viral respiratory infections. Moreover, Vitamin D seems involved in host protection from different virus species by modulating activation and release of cytokines. Myo-inositol down-regulates the expression of IL-6 by phosphatidyl-inositol-3-kinase pathway. Furthermore, myo-inositol is the precursor of phospholipids in the surfactant and it is applied for inducing surfactant synthesis in infants for treating respiratory distress syndrome. This review aims to summarize the evidence about COVID-19 infection in pregnant women and to encourage the scientific community to investigate the use of Vitamin D and Myo-inositol which could represent a possible preventive treatment for pregnant women or women undergoing assisted reproductive technologies.

scholarly journals Microbiota and Human Reproduction: The Case of Female Infertility

2020 ◽  
Vol 9 (2) ◽  
pp. 12 ◽  
Author(s):  
Rossella Tomaiuolo ◽  
Iolanda Veneruso ◽  
Federica Cariati ◽  
Valeria D’Argenio
Keyword(s):  
Reproductive Tract ◽  
Assisted Reproductive Technologies ◽  
Embryo Implantation ◽  
Reproductive Technologies ◽  
Human Reproduction ◽  
Microbial Dysbiosis ◽  
Technical Issues ◽  
Almost All ◽  
Generation Sequencing

During the last decade, the availability of next-generation sequencing-based approaches has revealed the presence of microbial communities in almost all the human body, including the reproductive tract. As for other body sites, this resident microbiota has been involved in the maintenance of a healthy status. As a consequence, alterations due to internal or external factors may lead to microbial dysbiosis and to the development of pathologies. Female reproductive microbiota has also been suggested to affect infertility, and it may play a key role in the success of assisted reproductive technologies, such as embryo implantation and pregnancy care. While the vaginal microbiota is well described, the uterine microbiota is underexplored. This could be due to technical issues, as the uterus is a low biomass environment. Here, we review the state of the art regarding the role of the female reproductive system microbiota in women’s health and human reproduction, highlighting its contribution to infertility.

Response to “May a Woman Clone Herself” by Jean Chambers (CQ Vol 10, No 2)

2002 ◽  
Vol 11 (1) ◽  
pp. 83-86
Author(s):  
Timothy F. Murphy
Keyword(s):  
Nuclear Transfer ◽  
Assisted Reproductive Technologies ◽  
Married Couples ◽  
Reproductive Technologies ◽  
Same Sex ◽  
Reproductive Cloning ◽  
Same Sex Couples ◽  
Human Reproductive ◽  
Somatic Nuclear Transfer ◽  
Do So

For many commentators in bioethics and the law, safety is the fulcrum for evaluating the ethics of human reproductive cloning. Carson Strong has argued that if cloning were effective and safe it should be available to married couples who have tried to have children through various assisted reproductive technologies (ARTs) but been unable to do so. On his view, cloning should be available only as reproductive last resort. I challenged that limited use by trying to show that the arguments Strong adduces in favor of reproductive somatic nuclear transfer (SNT) for married couples extend to same-sex couples as well, who face a different kind of infertility. I also went on to argue that his justifications would in fact extend the legitimate use of SNT to any couples regardless of whether they had fertility difficulties or not.

scholarly journals Cloning, mitochondrial replacement and genome editing: 25 years of ethical debate since Dolly

Reproduction ◽  
2021 ◽  
Author(s):  
Andy Greenfield
Keyword(s):  
Genome Editing ◽  
Assisted Reproductive Technologies ◽  
Reproductive Technologies ◽  
Popular Media ◽  
Reproductive Cloning ◽  
Research And Innovation ◽  
Ethical Debate ◽  
Human Reproductive ◽  
Genetic Technologies ◽  
Mitochondrial Replacement Techniques

The birth of Dolly the sheep in 1996 elicited a tsunami of commentaries, both in the popular media and academic journals, including responses to the prospect of human reproductive cloning. Much of the anxiety expressed over this imagined consequence of Dolly’s genesis revealed fundamental concerns about our losing our commitments to certain ethical goods, such as human dignity, or even ‘what it means to be human’. Over the last 25 years, the focus of much of the ethical debate over human biotechnology has slowly shifted towards other genetic technologies that aim to influence inheritance, such as mitochondrial replacement techniques (MRT) and heritable genome editing. Genome editing, in particular, is a technology with multiple fields of application, actual and potential, in research and innovation. In this review, I suggest that many of the fundamental concerns about the possibility of human reproductive cloning that were precipitated by Dolly persist today in the arguments of those who oppose MRT and any use of heritable human genome editing (HHGE). Whilst I do not accept that an understanding of human nature and dignity alone can demonstrate the ethical unacceptability of such assisted reproductive technologies, there are themes of justice, which extend into our relationships with animals, that demand continued wide-ranging examination and public deliberation. Dolly has cast a long shadow over such discussions, but I suggest that the general existential angst over human uses of biotechnology that she came to symbolise is neither compulsory, nor a reliable guide for how to think about biotechnologies today.

scholarly journals Reproductive human rights: General legal support and implementation in the field of criminal justice

2020 ◽  
Vol 85 ◽  
pp. 01002
Author(s):  
Ivan Titko ◽  
Inna Polkhovska
Keyword(s):  
Human Rights ◽  
Assisted Reproductive Technologies ◽  
Reproductive Rights ◽  
Relevant Information ◽  
Reproductive Technologies ◽  
European Court ◽  
Human Ability ◽  
Practical Factors ◽  
The Right ◽  
To Receive

The unsatisfactory demographic situation in European countries, in particular the reduction of fertility, actualizes the issue of reproductive rights. Reproductive rights include the human ability to make free and independent decisions about their reproductive health, including the birth of children, the time and intervals between their birth, the right to decide on procreation without discrimination, threats and violence, as well as recognition of the right to receive relevant information. The article is devoted to the analysis of some problematic general theoretic, criminal law and criminal procedure aspects in the field of reproductive rights. In particular, issues of assisted reproductive technologies application, their regulation at the international and national levels, as well as in the practice of the European Court of Human Rights (hereinafter – ECHR) are considered in the article. Special attention is paid to the specificity of the legal and practical factors of surrogacy.

scholarly journals Reproductive health and human rights: concept, features and classification

2020 ◽  
Vol 9 (29) ◽  
pp. 550-557
Author(s):  
Oleksandr Shevchuk ◽  
Volodymyr Harashchuk ◽  
Igor Protsiuk ◽  
Sergii Mokhonchuk ◽  
Kseniia Naumova
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Assisted Reproductive Technologies ◽  
Reproductive Rights ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Health Protection ◽  
Synthesis Methods ◽  
Health And Human Rights ◽  
Legal Norms

The article explores the features of reproductive health legal regulation in Ukraine. The concept of “reproductive rights” is proposed, their basic principles are revealed, elements of the system of such human rights and criteria for their classification are introduced. Legal norms don`t fully provide opportunities for individuals` reproductive rights realization and preservation of their reproductive health. The purpose of the article is to disclose the features of legal regulation of reproductive rights implementation when studying the concepts of “health and human rights” and “the concept of reproductive rights”. The methodology of this research is based on use of general scientific and special cognitical methods. Comparative legal and comparative methods have allowed studying of laws governing the human right to access “assisted reproductive technologies”. The formal logical method was used to differentiate the criteria for distinguishing between legal structures “reproductive health”, “protection of reproductive health” and “reproductive rights”. The modeling, analysis and synthesis methods made it possible to identify the legal basis for human rights protection in reproductive health field, the principles for reproductive rights implementation, the reproductive rights system and their classification, and deficiencies in legal regulation. The results of this work allowed us to identify the legal problems of legislation that arise in the reproductive human rights implementation. It was proposed the adoption of a single legislative act in Ukraine, which would comprehensively regulate the reproductive health protection, consolidate reproductive human rights and provide guarantees for their implementation.

La Corte europea dei diritti dell’uomo: il divieto di eterologa non viola la Convenzione europea sui diritti umani Nota in margine alla sentenza della Grande Camera del 3 novembre 2011

2012 ◽  
Vol 61 (1) ◽  
Author(s):  
Marina Casini
Keyword(s):  
Human Rights ◽  
Human Reproduction ◽  
Constitutional Court ◽  
Artificial Reproduction ◽  
Member States ◽  
Italian Law ◽  
European Court ◽  
Lower Chamber ◽  
Grand Chamber ◽  
The Right

Il contributo prende in esame la sentenza della Corte europea dei diritti dell’uomo emanata dalla Grande Camera il 3 novembre 2011 (caso S.H. et Al.v. Austria n. 57813/00). Essa va ad arricchire positivamente il panorama biogiuridico europeo. La sentenza in oggetto riguarda il giudizio instaurato nei confronti dell’Austria, a proposito della disciplina che pone il divieto di fecondazione artificiale eterologa. Nella sentenza, resa in via definitiva, la Grande Camera ha superato, ribaltandolo, il giudizio espresso dalla Camera semplice il 1° aprile 2011, affermando che il divieto di fecondazione artificiale eterologa, contenuto nella legge austriaca, non contrasta con gli artt. 8 (diritto alla vita privata e familiare) e 14 (principio di non discriminazione) della Convenzione europea per la salvaguardia dei diritti e delle libertà fondamentali. La Corte non affronta le questioni bioetiche e biogiuridiche sollevate dalla fecondazione artificiale eterologa (si pensi al diritto del figlio all’unitarietà delle figure genitoriali), ma salva la legge austriaca facendo riferimento alla dottrina del c.d. “margine di apprezzamento” degli Stati membri. È auspicabile comunque che la sentenza influisca sul giudizio di costituzionalità in ordine al divieto di eterologa contenuto nella legge italiana. Nella prospettiva di valorizzare la voce degli Stati, merita sostegno iniziativa cittadina europea promossa ai sensi dell’art. 11 del Trattato di Lisbona per riconoscere il diritto alla vita di ogni essere umano fin dal concepimento. ---------- The article considers the decision of the European Court of Human Rights given by the Grand Chamber on November 3rd 2011 (case S.H. et Al. vs. Austria, application n. 57181/00). This ruling, which adds an important contribution to European Biolaw, concerns the Austrian law that prohibits heterologous artificial human reproduction and reversed the previous ruling (April, 1st, 2011) by the lower chamber of the European Court. So, the Grand Chamber affirmed that the ban on heterologous artificial reproduction does not violate article 8 (Right to respect for private and family life) and article 14 (Prohibition of discrimination) of Convention for the Protection of Human Rights and Fundamental Freedoms. The Grand Chamber did not address the bioethical questions raised by heterologous artificial reproduction, but confirmed the law by referring to the theory of a “wide margin of appreciation” of member States. It is to be hoped that this decision will carry weight with the Italian Constitutional Court when it considers the Italian law prohibiting heterologous artificial reproduction. With regard to valorizing the beliefs of the member States, it would be good to support the European citizen’s initiative, promoted following article 11 of the Lisbon Treaty, to recognize the right to life of every human being from conception.

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