scholarly journals The Right of Persons Who Have Undergone Sex Reassignment (Correction) Procedure for Cryopreserved Sperm, Oocytes, Embryons, Biological Material Disposal

Medicne pravo ◽  
2021 ◽  
pp. 91-102
Author(s):  
O. Y. Pokalchuk
Keyword(s):  
Biological Material ◽  
Assisted Reproductive Technologies ◽  
Reproductive Rights ◽  
Rapid Development ◽  
Reproductive Technologies ◽  
Correction Procedure ◽  
Sex Reassignment ◽  
Cryopreserved Sperm ◽  
The Right ◽  
Legal Consequences

Nowadays, the reproductive sphere and the institute of family are at the stage of rapid development and transformation. Despite rather wide and solid scientific base of studies of assisted reproductive technologies, it should be stated that scientific interest is low in issues of access to the reproductive rights for particular categories of individuals, as well as there is lack of legal support for the application of assisted reproductive technologies in Ukraine. The issue of access to their own biological material for individuals who have undergone the sex reassignment (correction) procedure has been considered by describing two practical examples. It has been proposed to amend the list of information required from applicants, provided by the Order of the Ministry of Health of Ukraine № 771 dated 23.12.2008, eliminating the requirement to indicate sex, as the sex of an individual is not decisive for exercising the right to dispose of their own biological material. Also, the person is suggested to apply to the court in non-litigious (separate) proceedings to ascertain the fact that the person who has applied to a health care institution for cryopreservation of sperm, oocytes, embryos or biological material, and the person who is currently applying for transportation or use of the same cryopreserved sperm, oocytes, embryos or biological material, is the same person. Such proceedings should be held in the same manner as a change of name, surname or patronymic, because the reassignment (correction) of sex does not have legal consequences different from the change of name, surname or patronymic. It has been concluded that there is the need for a research regarding the protection of the right to reproduction for various categories of subjects. Reproductive rights should remain protected and accessible to every person without redundant restrictions that are contrary to human rights.

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 Assisted Reproductive Technologies and the Right to Reproduce under South African Law

2017 ◽  
Vol 20 ◽  
pp. 1
Author(s):  
Carmel Van Niekerk
Keyword(s):  
New Technologies ◽  
Assisted Reproductive Technologies ◽  
Reproductive Rights ◽  
Reproductive Technologies ◽  
Court Decision ◽  
Constitutional Court ◽  
Embryo Donation ◽  
Mitochondrial Transfer ◽  
The Right ◽  
Posthumous Reproduction

Reproductive rights in South Africa have traditionally focused on the rights of individuals to avoid reproduction. However, with an increase in the use of assisted reproductive technologies (ART), there has been a shift in the focus on reproductive rights from the rights of individuals to avoid reproduction to the rights of individuals to reproduce noncoitally.With the emergence of new technologies, reproduction by noncoital means and the right to engage in these new technologies is becoming more prevalent. This raises two questions. The first question is whether such a right exists. The recent Constitutional Court decision in AB v Minister of Social Development 2017 3 BCLR 267 (CC) suggests that it does, but only if the person claiming this right is physically involved in the reproductive process. Ostensibly this excludes those who cannot contribute to the reproduction of a child.The second question raised pertains to the impact of this right on specific forms of ART, namely mitochondrial transfer, posthumous reproduction and embryo donation. While the first two forms of ART would meet the criteria set down in AB, embryo donation would not. Individuals denied access to embryo donation could thus not rely on either the right to reproductive autonomy or the right to privacy to aid them. Fortunately the existing legal framework provides some assistance to these individuals, although sadly the same legislative framework does not support the use of mitochondrial transfer and posthumous reproduction. In this respect there is incongruence between rights and legislation, which has only been exacerbated by the recent Constitutional Court decision. What is thus needed is clarity on the meaning of certain rights in respect of certain forms of ART as well as legislative reform to reflect the clarified position.

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 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.

Psychological factors in legal regulation of reproductive rights

2020 ◽  
pp. 24-33
Author(s):  
Tamara Leukhina ◽  
Evgeniy Lazarev
Keyword(s):  
Psychological Factors ◽  
Assisted Reproductive Technologies ◽  
Reproductive Rights ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Current Article

After considering the controversial assessments of the legitimacy of assisted reproductive technologies, the current article highlights the need of studying the psychological factors in the legal regulation of reproductive rights in order to determine its boundaries and ways to increase its effectiveness.

LEGAL RISKS OF CRIMINAL PROCEEDINGS IN THE PANDEMIC PERIOD

2020 ◽  
pp. 24-28
Author(s):  
N. A. Razveykina ◽  
◽  
E. O. Paulova ◽  
Keyword(s):  
Public Relations ◽  
Rapid Development ◽  
Social Institutions ◽  
Criminal Procedure ◽  
Theoretical Concept ◽  
Criminal Proceedings ◽  
Legal Risks ◽  
Coronavirus Infection ◽  
The Right ◽  
Legal Consequences

One of the global challenges of 2020 was the spread of the new coronavirus infection (COVID-19), which turned out to be the most severe stressful factor for all spheres of public relations. The pandemic contributed to an increase in the number of risks, some of which caused evident harm to many social institutions and systems, and some risks were an incentive for their forced rapid development. The paper studies the risks in the field of criminal justice to recognize typical legal risks and identify new ones caused by the pandemic period. The study identified the existing legal risks in the sphere of criminal proceedings, found out the factors causing additional legal risks during a pandemic, and the legal consequences of such risks. In the study, the authors adhere to the general theoretical concept of risk as a legal phenomenon capable of generating favorable and unfavorable legal consequences. The authors agree with the recognition of the risky nature of the criminal procedure and the right to risk as a resource necessary for the implementation of criminal procedural functions. In the aggregate, it is possible to refer risks in criminal procedure to the procedural risks and to distinguish typical ones among them: the risk of making procedural decisions, risk of performing the defender’s function, professional risk in the investigator’s activity, and the corruption risk. The authors propose to classify specific risks of the pandemic period depending on the resulting consequences, into negative and positive ones. The paper lists some of the most obvious risks of criminal proceedings that have arisen in the context of the spread of the new coronavirus infection.

Implementation of the Right to Inheritance: Problems of Theory and Practice

2021 ◽  
Vol 10 (1-2) ◽  
pp. 203-220
Author(s):  
Svitlana S. Bychkova ◽  
Nataliia V. Bilianska ◽  
Tetiana R. Fedosieieva
Keyword(s):  
Assisted Reproductive Technologies ◽  
Reproductive Technologies ◽  
Civil Code ◽  
Theory And Practice ◽  
The Status ◽  
The Will ◽  
The Right

Abstract The article is devoted to the research into problematic aspects of exercising the right of inheritance by different categories of entities. As a result of the research conducted, recommendations for improvements to Ukrainian legislation have been developed. The status of a child born after 10 months and as a result of the use of assisted reproductive technologies after the death of one spouse should be determined at the legislative level. It also would be expedient in the Civil Code of Ukraine to fix the testator’s rights to settle the issue of birth of his children in the will through the use of assisted reproductive technologies after his death and to appoint such children as heirs. In addition, the Civil Code of Ukraine should provide for the possibility of individuals recognised as missing, to be heirs, and to secure the right to have a guardian over the property of such persons.

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