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.

scholarly journals Demography and reproductive rights: problems and prospects

2021 ◽  
pp. 101-104
Author(s):  
N. V. Kruchinina
Keyword(s):  
Human Rights ◽  
In Vitro Fertilization ◽  
Reproductive Health ◽  
Assisted Reproductive Technologies ◽  
Reproductive Rights ◽  
Reproductive Technologies ◽  
Vitro Fertilization ◽  
Further Development

This article analyzes the demographic problems in Russia and PRC. It is concluded that the assisted reproductive technologies (In vitro fertilization, surrogacy, etc.) are effective methods of treating infertility, and thus partially settling those demographic problems. Different views on human rights of reproduction are analyzed. It justifi es the need to protect reproductive health. The number of cases of the use of assisted reproductive technologies in Russia and China is increasing. Legislation governing legal relations in this area needs further development.

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.

Features of regulatory regulation of genetic research in the framework of prenatal diagnosis in the Russian Federation

2019 ◽  
Author(s):  
M.V. Medvedev , G.N. Suvorov , S.S. Zenin
Keyword(s):  
Assisted Reproductive Technologies ◽  
Molecular Genetic ◽  
Genetic Research ◽  
Genetic Diagnosis ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
New Techniques ◽  
Legal Norms ◽  
Molecular Genetic Diagnosis ◽  
The Russian Federation

The formation of new trends in the development of molecular genetic diagnosis has allowed to use this knowledge to identify pathologies of the child's development before his birth at the prenatal level. The use of new assisted reproductive technologies(art), aimed at combating infertility, allows to postpone this period even before the implantation of the embryo of the future mother. The use of new techniques should be carried out only for medical reasons, but the mechanism of their legal regulation has not been formed to date, which may be the basis for the use of genetic research carried out within the framework of art in the context of medical expediency. The above allows us to raise the question of the need to develop special legal norms that allow to solve the problem only from the perspective of modern bioethical ideas, but also from the perspective of the formation of law enforcement practice in this area.

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.

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 Implementation of the patient's right to obtain information in the concept “health and human rights”

2020 ◽  
Vol 9 (29) ◽  
pp. 288-296
Author(s):  
Oleksandr Shevchuk ◽  
Mykola Kucheryavenko ◽  
Svitlana Davydenko ◽  
Oleksandra Babaieva
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Synthesis Methods ◽  
Legal Cases ◽  
Medical Confidentiality ◽  
Medical Activity ◽  
Health And Human Rights ◽  
Logical Method ◽  
Access Information

The article explores the features of legal regulation of patient’s right to access information in the medical activity field. The reasons for violation of saving of information about patient’s health are the lack of knowledge of law and no understanding the harm that caused if patient’s confidentiality is violated. The analysis of medical confidentiality content, lawful disclosure cases, the conditions and procedure for its legal support. Subjects who received information constituting a medical secret don`t have right to disclose it, legal liability is provided for such norms violation. The medical confidentiality concept and the group of subjects of such legal relations is established. The purpose of the article is to determine the peculiarities of realization of patients’ right to access information in the medical activity field and its protection ways when studying the “health and human rights” concept. Comparative legal and comparative methods were used when studying legislative acts governing the preservation by persons who received information constituting medical secrecy and legal cases of their disclosure. The formal logical method was used to differentiate “medical secret” and “professional secret”. Modeling, analysis and synthesis methods helped to identify the legal basis for protecting the patient`s rights when receiving information about their health, legal responsibility types for its disclosure. The results of this work have determined the legislation of legal problems that arise when patients’ rights to receive reliable information about their health aren`t respected and require immediate resolution.

scholarly journals Reproductive Rights and Surrogate Motherhood: Legislative, Doctrinal and Bioethical Principles

2020 ◽  
Vol 11 (11) ◽  
pp. 69-73
Author(s):  
Onyshchuk I. I.
Keyword(s):  
Assisted Reproductive Technologies ◽  
Reproductive Rights ◽  
Legal Protection ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Not Given ◽  
Human Beings ◽  
Surrogate Motherhood ◽  
Surrogate Mothers ◽  
Trafficking In Human Beings

The sphere of reproductive rights is still beyond the scope of a thorough legal analysis, and it is not given due attention in the legal literature. This may be due to the fact that the concept of reproductive rights is new to Ukrainian law and has not yet found its proper place in the general system of law. There is a lack of scientific development in the issue of protection of the rights of the child to birth, trafficking in human beings for the purpose of exploiting surrogate mothers or children born as a result of surrogate motherhood, etc. The purpose of the study is to analyze the legislative, doctrinal and moral aspects of reproductive rights and to identify effective legal measures to improve the legal regulation of surrogate motherhood in Ukraine and the proper legal protection of the child before and after birth. Experimenting with human gene material as a conception in vitro turns children into a commodity. There is an artificial situation in which wealthy men will hire women to provide contracting services to their offspring. It is difficult to disagree that in surrogate motherhood, as in any business, personal financial gain dominates. So, from this point of view, surrogacy is a kind of market and business. The conception of the child is not a right, but an opportunity that is not given to all, but surrogate motherhood turns the child into an "object of economic agreement and contract, a kind of ordering of goods." The child cannot be considered as an object of property. It is unacceptable to consider the practice of surrogacy as ethical. In addition, forced commercial surrogate motherhood falls within the definition of trafficking in human beings. The issue of reproductive technology must be addressed in such a way that the child born as a result of surrogate motherhood does not fall prey to further exploitation. The author concluded that in many countries with a licensing or altruistic regime, many aspects of the use of assisted reproductive technologies and surrogate motherhood remain unregulated. There is no clear understanding of all the principles and standards governing the use of assisted reproductive technologies and surrogacy agreements. In general, the legislation lacks sufficient standards and provisions to protect the rights of parties to surrogacy agreements. The most controversial issues are the rights of the surrogate mother, the expectant parents and the children born as a result of the surrogate motherhood. At the present stage, legal adaptation of society to the development of medicine in the field of reproductive technologies has not yet taken place in Ukraine. Cases such as the birth of several children by surrogate mothers, births of a child with developmental disabilities, birth of a dead child or miscarriage, the need for an artificial interruption of pregnancy according to the medical opinion of doctors, the termination of marriage by genetic parents, the death of one or both parents. Keywords: reproductive rights, surrogacy motherhood, legal regulation, legal protection, embryo, child rights, family, surrogacy agreement.

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.

Legal restrictions on pre-implantation genetic diagnostics in the framework of in vitro fertilization procedure: foreign experience and Russian perspective

2019 ◽  
Author(s):  
N.A. Altinnik , S.S. Zenin , V.V. Komarova et all
Keyword(s):  
In Vitro Fertilization ◽  
Assisted Reproductive Technologies ◽  
Genetic Diseases ◽  
Genetic Diagnosis ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Genetic Diagnostics ◽  
Vitro Fertilization ◽  
Medical Indications

The article discusses the factors that determine the content of the legal limitations of pre-implantation genetic diagnosis in the framework of the in vitro fertilization procedure, taking into account international experience and modern domestic regulatory legal regulation of the field of assisted reproductive technologies. The authors substantiates the conclusion that it is necessary to legislate a list of medical indications for preimplantation genetic diagnosis, as well as the categories of hereditary or other genetic diseases diagnosed in the framework of this procedure.

Sign in / Sign up

Export Citation Format

Share Document