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 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 Аdvocacy in protecting reproductive rights

2021 ◽  
pp. 62-66
Author(s):  
N. V. Kruchinina
Keyword(s):  
Assisted Reproductive Technologies ◽  
Reproductive Rights ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Surrogate Mothers ◽  
Vitro Fertilization ◽  
Human Reproductive ◽  
Genetic Parents ◽  
Further Development

As the number of infertile couples is growing in Russia, the use of assisted reproductive technologies (In vitro fertilization, surrogacy, etc.) have been widely developed. Thus, there is the urgent need of proper legal regulation and measures to protect the rights of both surrogate mothers and genetic parents from diff erent abuses, including those of criminal nature. The legislation governing relations in this area needs further development. There are a review of foreign laws concerned, and the analysis of different positions on human reproductive rights in this article. An attempt has been made to determine the list of crimes against human reproductive rights. The necessity of advocacy in the sphere of assisted reproductive technologies is reasoned as a measure of protection of human reproductive rights.

scholarly journals Taking Human Reproductive Rights Seriously: The Russian Perspective

2020 ◽  
Vol 8 (1) ◽  
pp. 25-59 ◽  
Author(s):  
Anastasia Maleshina
Keyword(s):  
Legal Status ◽  
Reproductive Rights ◽  
Reproductive Technologies ◽  
Sex Selection ◽  
The Right To Privacy ◽  
Human Reproductive ◽  
The Many ◽  
The Right ◽  
Human Rights Standards ◽  
And Storage

The very idea of human reproductive rights seems challenging. For much of human history, they were not discussed seriously as being a part of the right to privacy, liberty, security, equality, health, and non-discrimination. The situation changed drastically in the 1990s with the development of reproductive technologies. These technologies do not only help infertile couples to conceive, they allow single men and women, no matter their status and sexual preferences, to have offspring of the same genetic origin. We can affirm that in the 21st century assisted reproductive technology (ART) has completely changed what it means to have a baby and to be a parent. Despite their benefits, reproductive technologies leave space for ethical and medical concerns. A few of the many issues raised by reproductive technologies include: the reproductive right to abortion, legal status of the human fetus, ethical aspects regarding the use and storage of embryos, sex selection, surrogacy and gamete donation, and the right and accessibility to medical sterilization. This article sets forth the existing ethical and human rights standards on these issues and illustrates the need for further development and clarity on balancing these rights and interests in the Russian Federation.

scholarly journals EAST SLAVIC SURROGATE MOTHERHOOD: STATE OF LEGAL REGULATION AND RISK OF HUMAN RIGHTS VIOLATION

2020 ◽  
Vol 73 (12) ◽  
pp. 2882-2889
Author(s):  
Daryna P. Yevtieieva ◽  
Andrii V. Lapkin ◽  
Vladyslav V. Karelin
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Legal Regulation ◽  
Surrogate Motherhood ◽  
Surrogate Mothers ◽  
Analysis And Synthesis ◽  
The Common ◽  
Statistical Induction ◽  
Genetic Parents ◽  
Human Rights Violation

The aim: The aim of the study is to determine the state of legal regulation of surrogacy in Ukraine, Russian Federation and Belarus, to identify risks of human rights violations, to identify legal and medical mechanisms to combat the exploitation of women, and to outline a portrait of a surrogate mother. Materials and methods: The empirical basis is the legislation of Ukraine, Russian Federation and Belarus, which regulates the service of surrogacy, information from the websites of agencies and clinics in this area, as well as personal stories of 41 surrogate mothers, set out in open sources. The following methods were used: dialectical, comparative, statistical, induction and deduction, questionnaire, analysis and synthesis, content analysis. Conclusions: The results of the study clarify both the common features of the legal regulation of surrogacy in the East Slavic countries, and the specifics of each of them; the main problems in the field of its application are outlined; the risks of violation of the rights of genetic parents, children and surrogate mothers are characterized. Legal and medical mechanisms for counteracting the exploitation of surrogate mothers have been identified.

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.

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 COLLEGIAL OMBUDSMAN SERVICES: CONSTITUTIONAL LEGAL STATUS

2021 ◽  
Vol 38 (2) ◽  
pp. 49-55
Author(s):  
S.G. Trifonov ◽  
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
The State ◽  
Important Task ◽  
Individual Rights ◽  
Foreign Experience ◽  
Advantages And Disadvantages ◽  
Democratic State ◽  
Sufficient Stability

The article is devoted to the study of the constitutional and legal status and effectiveness of a special type of human rights bodies - collegial (collective) ombudsmen. Since the protection and protection of individual rights is the most important task facing the state bodies of any democratic state, in some of them a model of a collective ombudsman is built into the state and legal reality, which has both undoubted advantages and disadvantages inherent in any collegial body. Based on the analysis of foreign experience, it is established that the collegial ombudsman services have demonstrated sufficient stability in ensuring human rights and proved the necessity of their existence. The collegial form of the ombudsman institution contributes to the development of the main directions of the work of the service and a clear specialization of the ombudsmen, which, in turn, leads to an improvement in the quality of their work.

Ensuring Reproductive Rights of Women in Nepal: Law and Praxis

2020 ◽  
Vol 4 (1) ◽  
pp. 41-62
Author(s):  
D. N. Parajuli
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Health Services ◽  
Reproductive Rights ◽  
School Curriculum ◽  
Fundamental Rights ◽  
Reproductive Health Services ◽  
Women And Girls ◽  
The Right ◽  
Health Rights

 Reproductive rights are fundamental rights and freedoms relating to reproduction and reproductive health that vary amongst countries around the world, but have a commonality about the protection, preservation and promotion of a woman‘s reproductive health rights. Reproductive rights include the right to autonomy and self-determination , the right of everyone to make free and informed decisions and have full control over their body, sexuality, health, relationships, and if, when and with whom to partner, marry and have children , without any form of discrimination, stigma, coercion or violence. The access and availability of reproductive health services are limited due to geography and other issues, non-availability and refusal of reproductive health services may lead to serious consequences. The State need to ensure accessibility, availability, safe and quality reproductive health services and address the lifecycle needs of women and girls and provide access of every young women and girls to comprehensive sexuality education based on their evolving capacity as their human rights, through its inclusion and proper implementation in school curriculum, community-based awareness program and youth led mass media. It is necessary for strengthening compliance, in a time-bound manner, with international human rights standards that Nepal has ratified that protect, promote, and fulfill the basic human rights and reproductive health rights in Nepal and also need to review standards and conventions that Nepal has had reservations about or those that have been poorly implemented in the country.

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