Artículos de revistas:

1

Van Niekerk, Carmel. "Assisted Reproductive Technologies and the Right to Reproduce under South African Law". Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (12 de mayo de 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1305.

Texto completo

Resumen

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.

Los estilos APA, Harvard, Vancouver, ISO, etc.

2

Zyberaj, Jonada. "Legal Issues of Assisted Reproduction- the Albanian Perspective". European Journal of Social Sciences Education and Research 1, n.º 1 (1 de mayo de 2014): 179. http://dx.doi.org/10.26417/ejser.v1i1.p179-184.

Texto completo

Resumen

Assisted reproduction was provided in Albania as an alternative way of reproduction by the "Reproductive Health" law of 2002. This law is an attempt to give the possibility of access in new technologies of reproduction as surrogacy, heterologues and homologues artificial reproduction to infertile persons, but since the enter into force of this law no further provisions has been made to regulate the procedures and the consequences coming from its applicability. The issue of assisted reproduction is still a subject of debate and of legislative changes as it is still not completely regulated by law. in this important issue, constitutional rights of different individuals, different interests and family law principles are involved. Ethical, scientific and legal factors are those which should be taken into consideration by the legislator in the attempt to make further legislative provisions. This paper analyses the few provisions on the assisted reproduction in the Albanian legislation. As a concept which implicates many institutions in different fields, the paper aims to give the Albanian perspective on different legal issues related to the topic. The reproductive right as human right and the state liability to ensure it through the health care system should be analyzed according to the Albanian Constitution and the European Court of Human Rights. The consequences of the ART on the family law is another legal issue with which the Albanian legislator has to deal with as the implementation of the techniques on assisted reproduction was not accompanied by the necessary changes in the provisions of family law. The legislations of different European countries which have the best experiences on the field will be put face to face and compared in order to give the best practices.

Los estilos APA, Harvard, Vancouver, ISO, etc.

3

Lebedieva, Y. V. "Constitutional and legal provision of a person’s freedom of reproductive choice". Analytical and Comparative Jurisprudence, n.º 3 (18 de julio de 2023): 61–67. http://dx.doi.org/10.24144/2788-6018.2023.03.11.

Texto completo

Resumen

The article examines the constitutional and legal regulation of freedom of reproductive choice, as one of the fundamental reproductive rights of a person. It has been established that the formation of one’s own concept of reproductive rights within the framework of the Constitution of Ukraine and industry legislation is significant in connection with the general demographic situation in Ukraine and the development of legal relations that arise when a person exercises their reproductive rights. Attention is focused on the fact that in ensuring the realization of reproductive rights, it is urgent to recognize public organizations as active subjects of political, social and economic life, their right to participate in the formation of policy in the field of reproduction, health care, and family planning. It is noted that the content of freedom of reproductive choice is embodied not only in respect for the reproductive autonomy of a person, but also in effective directions of state regulation. It is emphasized that the legislation of Ukraine on the regulation of legal relations in the reproductive sphere requires improvement in connection with the absence of a law that would regulate the grounds and procedure for the use of reproductive technologies, the principles that should be guided by their application, the specifics of the implementation of state policy in the sphere of population, etc. The authors conclude that the main directions of state regulation in the aspect of ensuring freedom of reproductive choice should be: development and improvement of legislation in the field of health care; development of the reproductive health care system; formation and improvement of legislation in the field of reproductive health; involvement of public organizations in informational and educational activities aimed at solving problems of reproductive health protection; support for families with children; provision of psychological and legal assistance to individuals in exercising their reproductive rights; state support for scientific research in the field of reproductive health; training of personnel in the field of reproductive health protection and protection of the rights of individuals to reproduction in accordance with international standards; formation of a self-conscious attitude towards the birth of a child; support for families with children; ensuring the availability of family planning services and the provision of medical services, including the use of assisted reproduction.

Los estilos APA, Harvard, Vancouver, ISO, etc.

4

Maikut, Kh V. "Reproductive rights within the context of regulatory environment and support, legal doctrine and judicial practice of the European Court of Human Rights: certain aspects". Analytical and Comparative Jurisprudence, n.º 2 (23 de junio de 2023): 97–103. http://dx.doi.org/10.24144/2788-6018.2023.02.16.

Texto completo

Resumen

The article is dedicated to consideration and assessment of certain problematic aspects of legal regulation of reproductive rights within the legislative framework of Ukraine. It has been noted that the conclusions concerning the understanding of legal nature of reproductive rights should not be seen as general in character, considering that such understanding is in each case determined by specificities of a certain field of law in the light of which the reproductive rights are being subjected to research. Therefore, legal regulation of reproductive rights, as well as specific rules applicable to the exercise and protection of such rights, to a certain extent, is in fact implemented through the rules of civil and family law, as well as through the rules set forth in other areas of law. Reproductive rights, as a complex combination of possibilities and opportunities for an individual that are aimed at securing the reproductive function of a human being, i.e. reproduction of one's own kind, are classified in the Ukrainian civil legislation as personal non-proprietary rights of an individual that provide natural existence of a person. Proceeding from the concepts of positive duties of the State and horizontal effect of human rights, and based on the studies and analysis of the judicial practice of the European Court of Human Rights (hereinafter referred to as the ECtHR), specific attention has been given to the autonomy of the complex category of reproductive rights, which, in its turn and to a certain extent, is related to other personal non-proprietary rights of an individual (such as the right to life, the right to receive medical care, the right to personal privacy, the right to physical security, the right to be treated with dignity and respect, etc.). Based on the analysis of studies by various scientists, it has been established that there is no unified theoretical approach not only to the definition of the term of reproductive rights, but also to the range of rights that may be regarded as such. In considering the content of reproductive rights, one should account for differentiation of such rights in general terms within the following range of legal rights: the right to reproductive choice; the right to reproductive health; the right to be informed of reproductive rights; the right to secrecy in exercise and protection of reproductive rights; the right to protection of reproductive rights. It has been substantiated that reproductive rights are implemented in practice, certain elements of reproductive rights have been legally consolidated, which indicates not only the formation and development, but also actual functioning of reproductive rights. At the same time, the existing national legal regulations are not consistent with the actual state of affairs observed in the reproductive area. Therefore, legal relations in the field of reproductive rights of individuals require adequate and proper standardisation. The ECtHR plays a major role in shaping the approach to legal regulation of reproductive rights due to its extensive judicial practice in resolution of disputes regarding the protection of reproductive rights.

Los estilos APA, Harvard, Vancouver, ISO, etc.

5

Piñero, Verónica B. "Canadian International Human Rights Obligations in the Context of Assisted Human Reproduction". Canadian Yearbook of international Law/Annuaire canadien de droit international 46 (2009): 193–240. http://dx.doi.org/10.1017/s0069005800009577.

Texto completo

Resumen

SummaryIn Canada, as in most countries, assisted human reproduction has become accessible treatment for individuals who wish to conceive. Scientific advancements in the area of human reproduction have led to the enactment of legislation that attempts to regulate this novel field. The Canadian Assisted Human Reproduction Act (2004) identifies the health and wellbeing of children born through reproductive technologies as a paramount principle in all decisions respecting their use. On the other hand, and surprisingly, the statute restricts access by offspring to information that can lead to identification of their genitors. The disclosure of donors’ identity to the recipients of reproductive materials is quite limited. According to this article, this legislation is in violation of international human rights law on health, identity, and family relations to which Canada is a party. The first part of the article explores international human rights law on identity, health, and family relations rights that Canada has signed, ratified, or acceded to. The second part discusses whether the Canadian legal system is in line with the relevant international human rights obligations identified earlier and asserts that there is scope for judicially interpreting Canadian law in such a way that would conform to those obligations.

Los estilos APA, Harvard, Vancouver, ISO, etc.

6

Volkova, Yulia F. "REPRODUCTIVE RIGHTS IN THE FOURTH GENERATION HUMAN RIGHTS SYSTEM". Bulletin of Alfred Nobel University Series "Law" 1, n.º 8 (3 de julio de 2024): 39–48. http://dx.doi.org/10.32342/2709-6408-2024-1-8-4.

Texto completo

Resumen

The article is devoted to the study of human reproductive rights in the system of rights of the fourth generation, the formation of which is connected with scientific progress in the development of medicine and informatics. It is established that modern studies of the human right to reproduction (reproduction) are mostly considered through the prism of such broader concepts as "reproductive rights", "somatic rights", "biological rights". It was determined that in the structure of human somatic rights, as the rights of the new fourth generation, a significant group is occupied by reproductive rights related to human reproduction of future generations. It is emphasized that the main function of a person is the reproductive function, which is based on the natural desire to have a child. Attention is focused on the fact that one of the problems at present can be called the inability of people of reproductive age to conceive and give birth to a child naturally. Today, men and women have this opportunity thanks to the use of assisted reproductive technologies that arose with the development of biomedicine, which includes methods of artificial influence on reproduction, treatment of people from diseases that prevent the body from bearing and giving birth to a healthy child. The work established that one of the most important principles of reproductive rights is the principle of human freedom in choosing the method of exercising the right to reproduction. International and national legislation is based on the fact that every person has the right to voluntarily and freely make decisions about the birth of children, their number and intervals between births, using assisted reproductive technologies: termination of pregnancy, sterilization, use of contraceptives, methods of artificial insemination, etc. It was revealed that the state of implementation of assisted reproductive technologies in Ukraine today is characterized by a special need of the population. The analysis of regulatory and legal documents of Ukraine, international treaties on the protection of human reproductive health, in particular the treatment of infertility with the help of programs of auxiliary reproductive technologies, was carried out. It was established that the legal framework is outdated, that is, it does not correspond to the modern, innovative scientific realities of modern Ukrainian society, and is mostly permissive in nature. It is considered expedient to initiate the development and adoption of a special law in the Verkhovna Rada of Ukraine, which would clearly define the concept of "reproductive rights", establish the scope of these rights, and establish the obligations and responsibilities of subjects for violations of reproductive rights.

Los estilos APA, Harvard, Vancouver, ISO, etc.

7

Cherneha, Vitalii, Iryna Hrytsai, Tetiana Tarasevych, Viktor Savchenko y Hanna Krushelnytska. "Rights of a child born through the use of assisted reproductive technologies in the EU countries and Ukraine". Revista Amazonia Investiga 11, n.º 53 (4 de julio de 2021): 101–10. http://dx.doi.org/10.34069/ai/2022.53.05.10.

Texto completo

Resumen

This article aims to identify the features of the European Union and Ukraine legislation on the rights of children born through reproductive technologies and the practice of its application. To achieve this goal, first of all, an analysis of an array of sources in the field of the rights of children born with the help of reproductive technologies was carried out. The paper compares the legislation and practice of the European Union and Ukraine regarding the rights of children born with the use of reproductive technologies, which was achieved through comparative law. The historical-legal method has made it possible to outline the changes that have taken place in the approaches to the rights of children born with the help of reproductive technologies in countries whose legislation and practice have been specially studied. The synthesis method was applied, which helped to form a comprehensive vision of the rights of children born with the help of reproductive technologies in the European Union and Ukraine countries. The direction of research on ensuring and guaranteeing the right to life of children born with the help of reproductive technologies is promising.

Los estilos APA, Harvard, Vancouver, ISO, etc.

8

Van Hoof, Wannes y Guido Pennings. "Extraterritorial Laws for Cross-Border Reproductive Care: The Issue of Legal Diversity". European Journal of Health Law 19, n.º 2 (2012): 187–200. http://dx.doi.org/10.1163/157180912x628226.

Texto completo

Resumen

Abstract Certain states impose restrictions on assisted reproduction because they believe such acts to be morally wrong. However, people who live in a state with restrictive legislation always have the option of going abroad to evade that law. Turkey and several states in Australia have enacted extraterritorial laws to stop forms of reproductive travelling for law evasion. Within the EU, the European Convention of Human Rights would normally remove the need for extraterritorial laws. However, because of the wide margin of appreciation allowed by the European Court of Human Rights, legal diversity on these matters persists. In the case of S.H. and Others v. Austria, moral justification, consistency and proportionality were introduced by the First Section to rule on Member States’ legislation on medically assisted reproduction. The First Section mostly ruled on the effectiveness of the law, while the focus should be on the validity of the normative aim. The Grand Chamber reversed this judgement based on the margin of appreciation doctrine, using it as a pragmatic substitute for a substantial decision. In general, the EU’s interests of harmonization and unification are at odds with the right to national identity of individual states in areas of contested morality.

Los estilos APA, Harvard, Vancouver, ISO, etc.

9

Kruchinina, N. V. "Legal Responsibility for Abuses and Crimes in the Field of Artificial Human Reproduction". Lex Russica, n.º 6 (1 de julio de 2019): 48–52. http://dx.doi.org/10.17803/1729-5920.2019.151.6.048-052.

Texto completo

Resumen

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.

Los estilos APA, Harvard, Vancouver, ISO, etc.

10

Chen, Lingling. "On the Protection of Reproductive Embryos in Vitro by the Personality Rights Law". International Journal of Education and Humanities 8, n.º 1 (5 de abril de 2023): 112–16. http://dx.doi.org/10.54097/ijeh.v8i1.7078.

Texto completo

Resumen

Reproductive embryos in vitro are formed by infertile couples for the purpose of breeding children. It has the potential to develop into life and carries the personality interests and spiritual values of donor couples. At present, there are many judicial disputes related to reproductive embryos in vitro, but legislation has not clearly stipulated the right attribute and protection path of them, resulting in different court decisions. Based on this, considering that the reproductive embryo in vitro does not have life consciousness before being implanted into the mother, but includes the life, health and general personality rights of the donor couple, it is appropriate to identify it as a special object of rights with personality attributes greater than the attributes of 0bject - "personality object", which should be included in the protection category of the personality right law and be specially stipulated. The rights enjoyed by the donor couple on the reproductive embryos in vitro belong to the personality rights and interests. When the personality rights and interests are violated, they can not only request protection according to the general provisions for the protection of personality rights, but also claim compensation for mental damage according to the specific things infringing personality, so as to realize the direct protection of the donor couple and the indirect protection of the embryo.

Los estilos APA, Harvard, Vancouver, ISO, etc.

11

Paramonov, N. V. "Reproductive rights: gender principle". Analytical and Comparative Jurisprudence, n.º 5 (30 de diciembre de 2022): 82–85. http://dx.doi.org/10.24144/2788-6018.2022.05.15.

Texto completo

Resumen

The article is devoted to clarifying the issue of reproductive rights and reproductive health of both women and men. It is noted that in society, ideas about the rights of men and women in the field of regulation of reproductive activity and reproductive health have not been properly formed, and in domestic legislation not all aspects in the sphere of realization of reproductive rights of men and women are regulated. It was stated that special attention in the field of regulation of reproductive rights and reproductive health is paid only to the procedure for applying programs of assisted reproductive technologies. The lack of definition of "reproductive right" and "right to reproductive health" contradicts the existing human rights and freedoms that are enshrined in both women and men. This statement, in turn, leads to discriminatory elements in society. In addition, it was stated that the lack of proper legal registration of the relevant definitions entails a logically related lack of guarantees for the implementation of the above-mentioned rights of men and women, as well as liability for their violation. According to the results of the analysis of existing norms in both national and international law, it was stated that the reproductive rights of men and women are based on fundamental human rights - the right to life, the right to health care, equality between men and women, the right to physical integrity, the right to privacy, the right to personal, family secrets, etc., are derived from fundamental human rights, detail and complement them. In addition, detailed regulation will be of positive importance both for legal science and for practice, since it will allow to more deeply and fully comprehend the rights of men and women in this area, as well as to acquire the status of independent subjective rights included in the legal status and the institution of fundamental rights and freedoms.

Los estilos APA, Harvard, Vancouver, ISO, etc.

12

Bychkova, Svitlana S., Nataliia V. Bilianska y Tetiana R. Fedosieieva. "Implementation of the Right to Inheritance: Problems of Theory and Practice". Global Journal of Comparative Law 10, n.º 1-2 (25 de junio de 2021): 203–20. http://dx.doi.org/10.1163/2211906x-10010015.

Texto completo

Resumen

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.

Los estilos APA, Harvard, Vancouver, ISO, etc.

13

Pickles, Camilla. "Termination-of-Pregnancy Rights and Foetal Interests in Continued Existence in South Africa: The Choice on Termination of Pregnancy Act 92 of 1996". Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, n.º 5 (1 de junio de 2017): 403. http://dx.doi.org/10.17159/1727-3781/2012/v15i5a2530.

Texto completo

Resumen

The aim of this article is to demonstrate that, although South Africa has permissive termination-of-pregnancy legislation, to the extent that women can terminate first- and second-trimester pregnancies on demand and for socio-economic reasons, foetal interests are in fact taken into account. The system of female reproductive rights progressively shelters foetal interests, albeit to a limited extent. South Africa is in the process of successfully balancing the conflicting notions of female reproductive rights and foetal interests. The article discusses the "right to terminate a pregnancy" with reference to the Constitution, the Choice on Termination of Pregnancy Act 92 of 1996 and relevant case law. On the topic of foetal interests, the article looks at the Choice on Termination of Pregnancy Act as legislative recognition of foetal interests since a woman's right to terminate her pregnancy is progressively limited as the pregnancy advances beyond the second trimester. The value of dignity justifies the recognition of foetal interests. Further, accepting that the Choice on Termination of Pregnancy Act limitedly protects foetal interests based on the value of dignity, the article questions why South Africa permits elective second trimester termination of pregnancies? Research indicates a need for second trimester terminations and the article discusses the position of a number of women seeking second trimester terminations. The article draws to an end by looking at the case of S v Mshumpa as an example of the balancing process that is needed when dealing with female reproductive rights and foetal interests. This article demonstrates the constitutional setting of women's termination-of-pregnancy rights on the one hand, and foetal interests on the other. Further, it illustrates that these conflicting positions, rather than being deepened, are in fact balanced by legislation and relevant case law.

Los estilos APA, Harvard, Vancouver, ISO, etc.

14

Yatsiuk, A. R. "THE RIGHT TO PATERNITY AND MATERNITY AS PERSONAL NON-PROPERTY RIGHTS". Constitutional State, n.º 49 (18 de abril de 2023): 101–12. http://dx.doi.org/10.18524/2411-2054.2023.49.276047.

Texto completo

Resumen

The relevance of the topic is due to the novelty of the topic, its importance for the development of family law science and legislation in this area. The article provides a systematic analysis of the right to fatherhood and motherhood as a personal non-property right. The author conducts a systematic analysis of such categories as «motherhood» and «fatherhood» in the modern science of family law in Ukraine. The author substantiates the need to enshrine in the current legislation a single legal definition of «paternity» and «maternity» in accordance with European standards. The author proposes to consider the right to paternity and maternity as a personal non-property right of women and men, regardless of their marital status. The author also proposes to enshrine at the legislative level the right of men to participate in the decision on artificial termination of pregnancy. In a detailed analysis of a woman’s right to motherhood, the author identifies and analyzes the constituent elements of such a right, namely: the right to pregnancy and health care during pregnancy, provision of health care during childbirth; the right to terminate pregnancy and rights after the birth of a child, in particular, certain social guarantees for women who have given birth to a child. At the same time, given the European vector of development of our country, the author proposes to reform certain provisions of legislation and to equalize the rights of men and women in this area. The author analyzes the changes that have occurred in the legislation of our State in the field of social guarantees for men and women after the birth of a child. At the same time, the article highlights several issues that need to be detailed and clarified by the legislator in the area of realization by men and women of their right to paternity and maternity with the help of assisted reproductive technologies.

Los estilos APA, Harvard, Vancouver, ISO, etc.

15

Scotti, Valentina Rita. "The Italian Constitutional Court on Women’s Rights: Patriarchal Remnants Versus Transformative Interpretations". ICL Journal 18, n.º 1 (1 de marzo de 2024): 165–78. http://dx.doi.org/10.1515/icl-2023-0028.

Texto completo

Resumen

Abstract Aiming at contributing to the debate about the effectiveness of constitutional courts in enhancing the protection of women’s rights, this paper focuses on the case law of the Italian Constitutional Court. After an introduction on the role, functions, and composition of the Court, three foci will be put on the Court’s case law: (1) on the abolition of the gender-based discrimination in the adultery law, which caused also the abolition of the crime itself, (2) on the legislation introducing gender quotas for increasing women’s political representation, (3) on the legislation on abortion and reproductive rights.

Los estilos APA, Harvard, Vancouver, ISO, etc.

16

Checherskyi, V. "Posthumous reproduction as a guarantee of the reproductive right implementation for military servants and other persons". Analytical and Comparative Jurisprudence, n.º 1 (20 de marzo de 2024): 162–66. http://dx.doi.org/10.24144/2788-6018.2024.01.27.

Texto completo

Resumen

Introduction of assisted reproductive technologies, change in the capabilities of humanity in the field of reproduction of its own kind, caused states to establish their own rules for regulating social relations in this field, taking into account the existing legal traditions, customs and mentality. It is emphasized that in view of the demographic crisis in Ukraine, which is gradually deepening in connection with full-scale aggression, the death of Ukrainian citizens as a result of hostilities and the outflow of human resources, the issue of improving state policy in the field of reproductive medicine is one of the most important issues today. In this regard, in the conditions of martial law, the task of the state is the special protection of the rights of those persons who oppose the aggressor at the risk of their own lives. One of the ways to protect the fundamental right to procreate for this category of citizens is posthumous reproduction. However, while not prohibiting posthumous reproduction, the state did not develop a clear position on admissibility, conditions and grounds for its use. As a result, national legislation in this area is contradictory. The article assesses the acceptability of posthumous reproduction, its impact on the realization of the fundamental human right to reproductive reproduction, in particular for military personnel. The recently adopted Law of Ukraine "On Amendments to Certain Laws of Ukraine Regarding Ensuring the Right of Military Servicemen and Other Persons to Biological Parenthood (Maternity)” is analyzed. It was established that the legislative norms, which provide for the mandatory disposal of reproductive cells of deceased servicemen, actually negate the purpose of this Law. In addition, arguments are given that its norms do not meet the requirements of the Constitution of Ukraine, including the provision of equality of citizens. Additionally, the position that the law contains gaps is substantiated, as it regulates only the procedure for handling reproductive cells, but does not resolve the issue of storage and further handling of zygotes and embryos. At the same time, it has been proven, including with reference to other legislative acts, that they are different in nature, since the latter contain the genes of both parents. It is noted that the submitted draft law dated January 29, 2024 No. 10437, which is designed to eliminate the shortcomings of the above-mentioned Law, does not address this gap, and therefore needs to be revised.

Los estilos APA, Harvard, Vancouver, ISO, etc.

17

Penovic, Tania y Ronli Sifris. "Expanding the feminisation dimension of international law: targeted anti-abortion protest as violence against women". Cambridge International Law Journal 7, n.º 2 (diciembre de 2018): 241–67. http://dx.doi.org/10.4337/cilj.2018.02.04.

Texto completo

Resumen

International civil society has played a key role in shaping the international consensus which has facilitated the normative expansion of international law to accommodate abuses experienced by women. We examine this process of ‘feminisation’ with reference to the extent to which international law has accommodated women's lived experiences of violence and their struggle to secure the means to control their own fertility through access to reproductive health services, including abortion. While the movement to recognise violence against women as a human rights issue has garnered substantial support, the efforts of women's groups to advance consensus around reproductive rights, and particularly the right of safe access to abortion, have been highly contested. Conservative religious actors have mobilised to obstruct consensus at the international level and taken direct action at the local level to impede access to abortions. This direct action will be examined through a case study drawing on empirical research conducted in Australia. We will examine the activities of anti-abortion protest groups, their impact on the rights of others and the effectiveness of legislation put in place to restrict these activities within the radius of designated geographic zones. The consistency of these legislative regimes with international norms is evaluated within the framework of feminisation of international law.

Los estilos APA, Harvard, Vancouver, ISO, etc.

18

Valongo, Alessia. "Human Rights and Reproductive Choices in the Case-law of Italian and European Courts". European Journal of Health Law 21, n.º 2 (31 de marzo de 2014): 123–40. http://dx.doi.org/10.1163/15718093-12341310.

Texto completo

Resumen

Abstract The major issues regarding human fertilisation and embryology are addressed in a comparative perspective and in the light of relevant rulings of the European Court for Human Rights: the relationship between artificial procreation and parental responsibilities, the legal nature of the unborn child, the human right to reproduce and to have a healthy child. The article focuses on the key data of the latest Italian regulation regarding assisted conception, especially compared with British law. Particular attention is paid to the contribution given by recent European decisions to the protection of new human rights. National and international judgements ensure the right to private life and to health that are not always guaranteed by law. Converging developments in case-law panorama make the right to have children, to responsible procreation, to information about medical treatments, much less disharmonic realities than the Member States legislation suggests.

Los estilos APA, Harvard, Vancouver, ISO, etc.

19

Mujovic-Zornic, Hajrija. "Reproductive rights: Current issues of late abortion". Stanovnistvo 47, n.º 1 (2009): 49–67. http://dx.doi.org/10.2298/stnv0901049m.

Texto completo

Resumen

This article considers the legal issues surrounding induced late abortion in cases when severe medical, therapeutic or ethical reasons have not been in dispute. Generally discussing the essential question about abortion today, it means not anymore legality of abortion but, in the first place, safety of abortion. From the aspect of woman health the most important aim is to detect and avoid possible risks of medical intervention, such as late abortion present. This is the matter of medical law context and also the matter of the woman's reproductive rights, here observed through legislation and court practice. The gynecologist has an obligation to obtain the informed consent of each patient. Information's should be presented in reasonably understandable terms and include alternative modes of treatment, objectives, risks, benefits, possible complications, and anticipated results of such treatment. Pregnant woman should receive supportive counseling before and particularly after the procedure. The method chosen for all terminations should ensure that the fetus is born dead. This should be undertaken by an appropriately trained practitioner. Reform in abortion law, making it legally accessible to woman, is not necessarily the product of a belief in woman's rights, but can be a means of bringing the practice of abortion back under better control. Counseling and good medical practice in performing late abortion are the instruments to drive this point even further home. It does not undermine the woman who wants to make a positive decision about her life and its purpose is not to produce feelings of insecurity and guilt. It concludes that existing law should not be changed but that clear rules should be devised and board created to review late term abortion. In Serbia, this leads to creation and set up guidelines for reconciling medical justification for late abortion with existing law, especially with solutions which brings comparative law. .

Los estilos APA, Harvard, Vancouver, ISO, etc.

20

Mustafa, Gular A. "Human rights and women's reproductive health in the countries of Latin America". RUDN Journal of Law 25, n.º 1 (15 de diciembre de 2021): 164–78. http://dx.doi.org/10.22363/2313-2337-2021-25-1-164-178.

Texto completo

Resumen

The problem of induced termination of pregnancy has been a burning issue for mankind for centuries. An analysis of doctrine and legislation demonstrates that there is no consensus on this issue. The problem of induced termination of pregnancy is defined by ethical, religious, medical, social and legal aspects, which is also associated with the uncertainty of the legal status of the embryo. The aim of the study is to analyze the legislation of Latin American countries regarding the legal regulation of abortion, in order to verify its compliance with the fundamental rights - the right to life, the right to health and the right to inviolability. Special scientific methods were used in the research: comparative law, legal and technical methods. The relevance of the problem stems from the need to solve the controversial issue of legalization of artificial termination of pregnancy. The existence of disagreement lies in the lack of a unified approach in seeking to resolve this situation.

Los estilos APA, Harvard, Vancouver, ISO, etc.

21

Kang, Yiwen. "Legal Protection of Women’s Reproductive Freedom: Starting From the Overthrow of Roe v. Wade". Journal of Education, Humanities and Social Sciences 23 (13 de diciembre de 2023): 32–43. http://dx.doi.org/10.54097/ehss.v23i.12728.

Texto completo

Resumen

Represented by the overthrow of the Roe v. Wade case, the freedom of female reproduction worldwide is currently threatened. Female reproductive freedom is a fundamental right of women, and ensuring it is crucial. Therefore, this article selects the legal protection of female reproductive freedom as the theme to study how to build an effective mechanism to ensure women's reproductive freedom. Firstly, this article provides an overview of the protection of reproductive freedom in the common law and written law systems, as well as the characteristics of reproductive freedom in China. It also reviews the connotation and research progress of women's reproductive freedom rights. On this basis, this article proposes specific legislative, judicial, and law enforcement recommendations for China's legal system to ensure women's reproductive freedom based on its specific characteristics.

Los estilos APA, Harvard, Vancouver, ISO, etc.

22

Moskalenko, Kateryna. "JUNGLES OF UKRAINIAN LEGISLATION ON EGG DONATION". Wiadomości Lekarskie 76, n.º 2 (2023): 439–44. http://dx.doi.org/10.36740/wlek202302128.

Texto completo

Resumen

The aim: To study the current regulation on egg donation in Ukraine as one of the most attractive destinations for reproductive tourism, establish the current loopholes in the legal framework to be addressed when amending Ukrainian legal rules. Materials and methods: The article is based on studying international and regional legal acts, jurisprudence of European Court of Human rights, pieces of national Ukrainian legislation, law drafts submitted to Ukrainian parliament and legal doctrine. The methodology of the article includes dialectical, comparative method and the method of systematic and structural analysis. Conclusions: Existing legal framework in Ukraine has some serious lacunas that can result in violation of rights and interests of donors and of the children. Firstly, the state does not keep the unique state register of donors. Secondly, there are no rules on compensation for egg donor. Lastly, the current Ukrainian legislation does not contain provisions ensuring protection of the child`s right to know about one`s genetic origin, and thus to obtain the identifying infor-mation about the donor. All these issues should be addressed in order to establish a fair balance between the rights and the interests of donors, recipients, the child and the society.

Los estilos APA, Harvard, Vancouver, ISO, etc.

23

Pavone, Ilja Richard. "Medically Assisted Procreation and International Human Rights Law". Italian Yearbook of International Law Online 22, n.º 1 (2013): 155–83. http://dx.doi.org/10.1163/22116133-02201008.

Texto completo

Resumen

Since the birth of Louise Brown in 1978, the first human baby resulting from in vitro fertilisation (IVF), developments in reproductive medicine have opened up new opportunities to solve problems related to sterility/infertility and to avoid the transmission of serious genetic diseases to offspring. This article evaluates some challenges to human rights protection arising from medically assisted procreation (MAP), with particular reference to artificial insemination from a donor (AID) and preimplantation genetic diagnosis (PGD). It analyses the regulation of MAP at the international, regional and domestic level. Specific attention is paid to two landmark judgments of the European Court of Human Rights (ECtHR) on MAP (S.H. v. Austria and Costa and Pavan v. Italy), with a special focus on the interpretation of the concept of family and private life contained therein and on the effects of the ECtHR rulings on the Italian legal order. It concludes that national legislation concerning MAP should be minimal, i.e. should afford substantial freedom and autonomy to the couples in their procreative choices, in accordance with their right to respect for private and family life.

Los estilos APA, Harvard, Vancouver, ISO, etc.

24

Plotnikova, E. S. "ON THE QUESTION OF THE CONSTITUTIONAL FIXING OF REPRODUCTIVE RIGHTS AND FREEDOM OF REPRODUCTIVE SELF-DETERMINATION IN FOREIGN COUNTRIES: A COMPARATIVE LEGAL ANALYSIS". Ex jure, n.º 1 (2022): 23–32. http://dx.doi.org/10.17072/2619-0648-2022-1-23-32.

Texto completo

Resumen

Abstract: this article attempts to analyze the experience of regulating reproductive rights, other constitutional rights and freedoms and the principle of gender equality in the constitutional legislation of foreign countries. Socio-economic events taking place not only in our country, but all over the world, have revealed many problems in this area that directly affect the rights of participants in reproductive relations who need help and support from the state and society. The need to resolve them is directly related to democratic reforms aimed at creating a legal state in which a person and his rights are the highest value. At the same time, the level of scientific elaboration of the problem under study cannot yet be considered sufficient and it retains its relevance for the modern science of constitutional law.

Los estilos APA, Harvard, Vancouver, ISO, etc.

25

Horbunova, Olena. "Peculiarities of determining the origin of children born as a result of the use of assisted reproductive technologies in Ukraine, The European Union and The United States". Visegrad Journal on Human Rights, n.º 3 (30 de agosto de 2023): 40–46. http://dx.doi.org/10.61345/1339-7915.2023.3.7.

Texto completo

Resumen

The article considers the legal basis for determining the origin of children born as a result of the use of assisted reproductive technologies, and in particular through surrogate motherhood, analyzes domestic and foreign legislation regulating the procedure for determining the origin of the child. It is emphasized that the recognition of each person’s rights such as the right to create a family, the right to respect for private and family life, the right to procreation, poses the task for the State and the international community to create optimal mechanisms for regulating new rights that have arisen with the development of modern medicine.The article is aimed at a comprehensive analysis, disclosure of the essence and features of legal regulation of determining the origin of a child born through the use of assisted reproductive technologies under the legislation of Ukraine, the European Union and the United States.The author stresses that among the problems inherent in the institution of surrogate motherhood in countries of the world, it is necessary to highlight the following: lack of proper monitoring of surrogacy cases, inadequate control by state authorities, which ultimately can lead to violation of the rights of biological parents, surrogate mother, as well as the child himself; risk of genetic parents abandoning a child born with physical or mental disabilities. The author proved that the use of assisted reproductive technologies by the method of substitute (surrogate) motherhood can be carried out only in relation to citizens of Ukraine and foreigners-citizens of countries in which such a method of assisted reproductive technologies is not prohibited by law, and in cases where foreigners do not live in the country of citizenship, − also by law of the country of residence. In this case, the conditions for the use of substitute (surrogate) motherhood should be the genetic connection of the child with at least one of the future parents and the absence of a direct genetic connection of the child with the substitute (surrogate) mother, except in cases when the substitute (surrogate) mother is a relative of the future parents.

Los estilos APA, Harvard, Vancouver, ISO, etc.

26

Unnithan, Maya. "Thinking through Surrogacy Legislation in India". Journal of Legal Anthropology 1, n.º 3 (1 de septiembre de 2013): 287–313. http://dx.doi.org/10.3167/jla.2013.010302.

Texto completo

Resumen

As its main focus the article is concerned with explaining the proposed Indian Assisted Reproductive Technologies (ART) Bill 2010 (2008), and in particular discusses some of its limitations using a relational conception of consent and autonomy. It is argued that two major limitations arise from, firstly, the way the Bill attempts to introduce ‘universal’ notions of informed consent into a cultural context of socially determined decisionmaking, resulting in the failure to safeguard the welfare of Indian surrogates. A second limitation is that the proposed law entitles only some poor women (surrogates) in India to realise access to quality medical healthcare services compared to others (poor, infertile women). Given the significant class and gender based inequalities which frame reproductive healthcare service delivery in the country, legally guaranteed access to health services for surrogates becomes a privilege where the rights of some individuals and couples to reproduce and exercise procreative agency is valued and not others. The article argues that the Bill must give due consideration to the complex, relational and highly stratified contexts in which women undertake childbearing in India to understand why legally comprehensive consent procedures can co-exist with violations of personhood in practice. Without such consideration the article suggests that injustice toward infertile women can become part of the same legal process wherein overcoming infertility is recognised as a right.

Los estilos APA, Harvard, Vancouver, ISO, etc.

27

Iemelianenko, Volodymyr V., Alesia V. Gornostay y Olena V. Yevdokimova. "DEPRIVATION OF REPRODUCTIVE RIGHT OF SEX OFFENDERS: SOCIAL OPINION AND LEGISLATIVE REGULATION". Wiadomości Lekarskie 74, n.º 11 (2021): 2928–33. http://dx.doi.org/10.36740/wlek202111212.

Texto completo

Resumen

The aim: The purpose of this article is to illustrate the social demand for the need to discriminate against perpetrators of sexual crimes by depriving them of reproductive rights. Materials and methods: The authors of the research used the legislation of various world countries, scientific papers, caselaw, the provisions of international legal acts, in particular, the Convention for the Protection of Human Rights and Fundamental Freedoms. The authors of the research used a complex set of general and special methods of cognition such as dialectical, comparative, analytical, generalization method, statistical and sociological method (questionnaire method). Results: The survey conducted by the authors highlights the attitude of physicians and law enforcement officials (100 people) to the sterilization of criminals as a measure necessary to prevent the commission of sexual crimes both by such persons and by others who are prone to committing such crimes but will refrain from their commission due to the fear of sterilization. The questionnaire shows the gap between awareness and recognition of natural human rights such as the right to reproduce and the desire to deprive a certain deviant category of people of this right for their safety. Conclusion: Based on the conducted analysis, the authors have formulated that there is currently a great social demand for radical measures to prevent the commission of sexual crimes by sterilizing those who committed such crimes. At the same time, the legislation of some countries also embodies such a desire of society in the relevant norms and provides the use of sterilization of criminals for special and general prevention of crimes against sexual freedom and inviolability. The research also demonstrates the erroneousness of this approach and proves the inadmissibility and medical inexpediency of depriving perpetrators of sexual crimes of their reproductive rights.

Los estilos APA, Harvard, Vancouver, ISO, etc.

28

Baranova, Ekaterina S. "Problems of determining the legal status of an embryo in modern law". Vestnik BIST (Bashkir Institute of Social Technologies), n.º 4(61) (29 de diciembre de 2023): 184–88. http://dx.doi.org/10.47598/2078-9025-2023-4-61-184-188.

Texto completo

Resumen

The article analyzes the problems of determining the legal status of an embryo in Russian and international law. The main approaches to understanding the legal nature of the embryo are considered as a subject of law, an object of law or a part of the mother’s body. Particular attention is paid to issues of reproductive rights and the permissibility of artificial abortion. The practice of the US Supreme Court and the legislation of different countries regarding abortion are analyzed. The author's vision of the optimal legal regime is formulated from the point of view of maintaining a balance between the rights of a woman and the interests of the embryo.

Los estilos APA, Harvard, Vancouver, ISO, etc.

29

Erdman, Joanna. "Abortion Rights Without Law: A Constitutional Reflection". Constitutional Forum / Forum constitutionnel 32, n.º 4 (22 de abril de 2024): 15–20. http://dx.doi.org/10.21991/cf29469.

Texto completo

Resumen

Abortion rights in Canada seem both too small and too big for law, or perhaps we only think so because of how we think about law, which confirms the view that we are better off without it. Maybe then we should ask a different question: is there an abortion rights law to which we would say yes? Can we imagine a statutory scheme, or, more provocatively, a legislative package, with a radically reimagined role for the state and its power? Could law assemble the diverse experiences of abortion into something material rather than abstract? Could law create a care infrastructure to support people in all their reproductive decisions and throughout their reproductive lives: the right to end a pregnancy, the right to continue one, and the right to parent your child in a safe and healthy environment? Wouldn’t we say yes to a law that holds space for this political future? In Canada, this is no speculative imagination. Our Supreme Court accepts that constitutional futures can take shape in innovative laws that affirm and reach ahead to our political aspirations. We need only make them.

Los estilos APA, Harvard, Vancouver, ISO, etc.

30

Zhivodrova, Nadezhda. "Problems of Criminal Liability for Illegal Termination of Pregnancy". Academic Law Journal 23, n.º 3 (14 de octubre de 2022): 265–72. http://dx.doi.org/10.17150/1819-0928.2022.23(3).265-272.

Texto completo

Resumen

The article presents a comprehensive criminal law analysis of the illegal artificial termination of pregnancy on the basis of current Russian legislation, including criminal law. Currently, the legislation of the Russian Federation recognizes the right of a woman to an artificial termination of pregnancy within statutory period and manner prescribed by law. Termination of pregnancy should be carried out only by qualified specialists. Illegal conduct of this procedure entails criminal liability (Article 123 of the Criminal Code of the Russian Federation). In the theory of criminal law, there has long been an opinion about the imperfection of the norms of this article, which complicates its enforcement, as well as the validity and fairness of penalties. It is noted that the criminal legislation of the Russian Federation regulating the illegal procedure of artificial termination of pregnancy is one of the most liberal in the world and does not take into account the provisions of regulatory acts of a medical nature that determine the procedure for artificial termination of pregnancy. The article analyzes scientists' opinions on problematic issues of the application of art. 123 of the Criminal Code of the Russian Federation, official statistics on the number of abortions in Russia by year and age categories are given. The author conducts a comparative legal study of Russian and foreign legislation and, based on the analysis carried out, makes suggestions for its improvement by integrating certain provisions of the legislative experience of foreign countries into national legislation. Finally, the author makes the conclusion that it is necessary to amend the definition of the subject and crime objective elements provided for by art. 123 of the Criminal Code of the Russian Federation, since they are formulated narrowly, without taking into account the requirements of regulatory acts of a medical nature in order to ensure adequate protection of reproductive rights and interests.

Los estilos APA, Harvard, Vancouver, ISO, etc.

31

Keneva, O. "WOMEN'S REPRODUCTIVE RIGHTS AND THEIR LEGISLATIVE REGULATION IN INTERNATIONAL LAW". International Law Almanac, n.º 24 (2020): 139–47. http://dx.doi.org/10.32841/ila.2020.24.17.

Texto completo

Los estilos APA, Harvard, Vancouver, ISO, etc.

32

Krasnova, Tatiana V. "Bioethical prerequisites for the civil status of the recipient in the oocyte donation program". Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, n.º 45 (2022): 177–92. http://dx.doi.org/10.17223/22253513/45/12.

Texto completo

Resumen

The article deals with the conceptual aspects of the civil law position of the recipient in the oocyte donation program based on an interdisciplinary method. In jurisprudence, this problem was identified in the framework of studies of artificial human reproduction, but was not the subject of independent research. The author analyzes the bioethical prerequisites for improving legislation. Bioethical determinants and additional arguments testifying in favor of a medicalized approach to understanding the essence of assisted reproductive technologies are revealed. The directions of consistent reflection of the medicalized approach in the system of domestic legislation have been determined. Inconsistencies were found in the understanding by lawyers of the ambiguity of medical terminology in assisted reproductive technologies. The directions of consistent reflection of the medicalized approach in the system of domestic legislation have been determined. Inconsistencies were found in the understanding by lawyers of the ambiguity of medical terminology in the field of assisted reproductive technologies. The author produced systematics of the fundamental terms denoting the methods and programs of artificial reproduction. The principle of the priority of natural conception as a fundamental principle for legislative transformations in artificial reproduction has been formulated and substantiated. In line with the medicalized approach and the formulated principle of the priority of natural conception, a regulatory framework for regulating oocyte donation directly has been determined, taking into account its specifics and differences, in particular, from sperm donation. It is argued that the use of donor oocytes is not a method of treatment, but is a way to solve the problem of infertility. This is important for legal regulation and is proposed for consolidation at the legislative level. The author has formulated some necessary legal provisions, the adoption of which seems necessary: the Law "On Bioethics" and "On Gamete Donation". The grounds for participation in the oocyte donation program as a recipient in the current legislation have been investigated. The criteria for civil legal identification of the recipient of oocytes are analyzed: the state in marriage, the unregistered stable relationships, age, state of reproductive health and others. Legal lacunae have been identified and the proposals to eliminate them have been made. The possibility of acting as a recipient of oocytes for women aged 15 to 49 years inclusive, regardless of her marital status or a sexual partner or for medical reasons, has been substantiated. In accordance with this conclusion, regulatory transformations are proposed. The accompanying legal requirements and recommendations are given (for example, concerning the issues of issuing a notarized power of attorney for participation in the oocyte donation program; the possibility of participating in the program regardless of the consent of the spouse). The directions for further search for legal characteristics, as well as the rights and obligations of the oocyte recipient, have been determined. The author declares no conflicts of interests.

Los estilos APA, Harvard, Vancouver, ISO, etc.

33

I. I., Onyshchuk. "Reproductive Rights and Surrogate Motherhood: Legislative, Doctrinal and Bioethical Principles". Almanac of law: The role of legal doctrine in ensuring of human rights 11, n.º 11 (agosto de 2020): 69–73. http://dx.doi.org/10.33663/2524-017x-2020-11-12.

Texto completo

Resumen

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.

Los estilos APA, Harvard, Vancouver, ISO, etc.

34

Sidorenko, E. L. "Criminal Law Protection of Reproductive Health: Current Challenges". Economics, taxes & law 12, n.º 2 (23 de abril de 2019): 147–53. http://dx.doi.org/10.26794/1999-849x-2019-12-2-147-153.

Texto completo

Resumen

The subject of the research is the specifics of the criminal law protection of reproductive health in the Russian legislation. The topic was chosen due to the increasing dynamics of crimes related to limitation on the reproductive rights of women and men and unauthorized manipulation of the human genome. Despite the growing need for providing a regulatory framework for this kind of relationships, the system of their criminal law protection is only beginning to take shape, therefore, a necessity arises to revise traditional approaches to the protection of the individual. Therefore, the purpose of the paper was to understand the system of criminal law protection of reproductive health in terms of its compliance with trends of medical practices and dynamics of socially significant diseases based on both traditional principles of scientific analysis and the results of applying sociological methods of data processing, which made it possible to identify the most significant directions of the Russian criminal policy development. Moreover, the critical analysis method was used in the research that showed the inconsistency of the system of criminal law prevention of criminal abortions, contamination with socially significant diseases and illegal use of the human genome. Based on the research findings, an author’s model of criminal prevention of attacks on reproductive health has been built and its systemic assessment is given. It is concluded that the legislator is inconsistent in assessing the attributes of an unlawful abortion; the accounting of contamination with certain socially significant diseases is inadequate; the laws prohibiting the use of the human genome need to be included into the Criminal Code of the Russian Federation. The conclusions formulated in the paper have practical importance and can be taken into account by the legislator in the reform of the current criminal legislation.

Los estilos APA, Harvard, Vancouver, ISO, etc.

35

True-Frost, C. "Listening to Dissonance at the Intersections of International Human Rights Law". Michigan Journal of International Law, n.º 43.2 (2022): 361. http://dx.doi.org/10.36642/mjil.43.2.listening.

Texto completo

Resumen

Within the United Nations (UN) human rights system, there are ten human rights treaties, each with its own treaty body or “Committee” that claims to offer the most authoritative interpretation of its corresponding treaty. Rather than resolving contests for primacy, this arrangement often generates conflicting interpretations of certain human rights. This Article is the first to shed light on conflicts between treaty bodies’ interpretations within the UN human rights system and to confront the question of how to resolve such conflicts at the intersections of international human rights law. The Article analyzes three case studies of such conflicts: 1) clashing interpretations relating to a child’s right to live with a family; 2) the right to life, reproductive access, and disability-selective abortion; 3) and involuntary detention and the right to liberty and security. These conflicts of interpretation matter to individuals seeking clarification of potential legal claims, as well as to legislators and regulators seeking to draft legislation to comply, or to evade compliance, with human rights standards. This Article then argues that secondary rules of interpretation are unlikely to resolve these conflicts, as they avoid necessary contests of meaning. Even with the uncertainties that enduring conflicts create, they are preferable to rules of resolution favoring uniformity and systemic integration, as the related risk is either the hegemonic elevation of majoritarian interests or the elevation of possibly biased perspectives. This Article thus proposes pragmatic institutional design tools to promote dialogue and engage each conflict in a context-specific fashion. Mitigating the conflicts between treaties in this way will help optimize the object of all international human rights law treaties.

Los estilos APA, Harvard, Vancouver, ISO, etc.

36

Avramova, Olga Ye y Oleksandr Ye Kukhariev. "MEDICAL-LEGAL PROBLEMS OF INTERFERENCE IN THE RIGHT TO HUMAN AUTONOMY IN POSTMORTEM REPRODUCTION". Wiadomości Lekarskie 73, n.º 12 (2020): 2890–94. http://dx.doi.org/10.36740/wlek202012231.

Texto completo

Resumen

The aim is a theoretical and methodological substantiation of revealing the possibility of interfering in the autonomy of a person during posthumous reproduction and establishing the existing protection of the rights and interests of postmortem children. Materials and methods: The legislation of the European Union, the USA, Great Britain, New Zealand, Spain, Germany, Ukraine, the statistical data published by the international organizations are analyzed. In the course of the research a systemic, axiological approach and methods of analysis, synthesis, generalization were used. Conclusions: It is proved that reproductive interference in the autonomy of the deceased in order to have a child is possible only on law basis, and in its absence - by a joint decision of the council of doctors, family lawyers, relatives of the deceased, taking into account the moral principles of society, public interests, rights and interests and other constituents (other heirs). It is emphasized that the origin of a postmortem child can be established based on a court decision. It is emphasized that post-mortem children should not have any discrimination; they are equal with other children. It was found that the system of rights of postmortem children includes personal non-property rights of a child (right to life, health, name, surname of biological parents); property rights (right to inheritance, right to social security). The primary is the system of non-property rights that ensure the physical and social life of the postmortem child.

Los estilos APA, Harvard, Vancouver, ISO, etc.

37

Ivone, Vitulia. "National institute of family and life advocates (NIFLA) : V. Becerra, or the right to be informed about your own reproductive rights." Soft Power 6, n.º 2 (1 de julio de 2019): 322–46. http://dx.doi.org/10.14718/softpower.2019.6.2.18.

Texto completo

Resumen

The Supreme Court has issued its decision in NIFLA v. Becerra, a 5–4 vote holding that the state of California cannot compel pregnancy-resource centers to advertise for the state’s abortion services. This decision represents a considerable victory for both the right to free speech and the conscience rights of pro-life Americans. The case concerned California’s Reproductive FACT Act, which mandated that both licensed and unlicensed women’s-health clinics (crisis-pregnancy or pregnancy-resource centers) not performing abortions had to provide a pre-written notice to clients. Though the law related specifically to abortion, free speech was the fundamental issue at stake. This paper analyzes the history of abortion in US legislation and the perspective of one of its fundamental civil rights.

Los estilos APA, Harvard, Vancouver, ISO, etc.

38

О. L., Lvovа y Ivaniv I. R. "The moral and legal foundations of bioethics in the context of human rights: legal theory and international practice". Almanac of law: The role of legal doctrine in ensuring of human rights 11, n.º 11 (agosto de 2020): 327–33. http://dx.doi.org/10.33663/2524-017x-2020-11-55.

Texto completo

Resumen

Modern processes of globalization taking place in the field of law are a great challenge to the idea of human nature, which is recognized in Ukraine as the highest social value, as well as to the concept and essence of law itself. In our opinion, this is a threat on a global scale and necessitates the search for an adequate response to the threat from the scientific and technical process in the field of biomedicine, both for the natural (physical) existence of man and the preservation of his moral identity. In fact, these foundations have become the prerequisites for the development of the science of bioethics. Bioethics studies controversial and ambiguous issues and proposes a humanitarian examination, which aims to assess the arguments in favor of the development of human creativity, health and prevention of premature death, and arguments in favor of preserving human identity in its spiritual and physical integrity. The purpose of the article is to study the essence of controversial bioethical problems, the reasons for their occurrence and prospects for solving these problems. human, manipulation of stem cells and others. Bioethical issues usually include the ethical issues of abortion; contraception and new reproductive technologies (artificial insemination, surrogacy); conducting experiments on humans and animals; obtaining informed consent and ensuring patients' rights; determination of death, suicide and euthanasia; problems in relation to dying patients (hospices); demographic policy and family planning; genetics (including problems of genome research, genetic engineering and gene therapy); transplantology; health equity; human cloning, manipulation of stem cells and others. These issues related to the progress of genetics, genomics, pharmacology, transplantation, biotechnology, cloning are becoming increasingly important as a direction of international law in the context of ensuring and protecting human rights. IN legal literature indicates the formation of "biolaw", "bioethical legislation", "bioethical human rights". Thus there is a combination of possibilities and purposes of medicine and law. In our article, we have explored only some of these issues, which are currently the most relevant, debatable, and therefore require detailed analysis. These include, in our view, the legal status of the embryo, therapeutic and reproductive cloning, abortion, the use of assisted reproductive technologies and organ transplantation. In order to adequately cover these issues, we compare the rules of law governing these debatable issues with the views of church representatives and scholars on these issues. We also proposed changes that need to be made to the legislation of Ukraine so that the rules of law governing these issues meet the moral and ethical principles. As a conclusion is marked, that as bioethics as science dealing with survival combines in itself biological knowledge and general human values, then it is possible to consider natural human rights, her honour and dignity morally-legal principles of bioethics, a self right and law must become on defence of that, in particular, with the aim of providing of natural (physical) existence of man, and maintenance of her moral identity. Keywords: human rights, moral, bioethics, abortion, reproductive technologies, cloning.

Los estilos APA, Harvard, Vancouver, ISO, etc.

39

Пятибратова, Н. Д. "Reproductive rights as an object of criminal legal protection". International Law Journal 7, n.º 3 (3 de mayo de 2024): 224–29. http://dx.doi.org/10.58224/2658-5693-2024-7-3-224-229.

Texto completo

Resumen

защита репродуктивных прав – это необходимый элемент системы защиты государства, так как от нее во многом зависит рост населения. Репродуктивные права в настоящее время подлежат уголовно-правовой охране, то есть в действующем УК РФ законодатель формулирует составы преступлений, которые посягают на репродуктивные права граждан и устанавливает ответственность за совершение данных преступлений. Однако, в законодательстве до сих пор нет определения репродуктивных прав, которое позволило бы выделить признаки соответствующих деяний и объединить данные преступления в одну главу УК РФ. В настоящей статье автор рассматривает понятие репродуктивных прав как объекта уголовно-правовой охраны и их классификацию. the protection of reproductive rights is a necessary element of the state's protection system, since population growth largely depends on it. Reproductive rights are currently subject to criminal protection, that is, in the current Criminal Code of the Russian Federation, the legislator formulates the elements of crimes that infringe on the reproductive rights of citizens and establishes responsibility for the commission of these crimes. However, there is still no definition of reproductive rights in the legislation, which would make it possible to identify the signs of the relevant acts and combine these crimes into one chapter of the Criminal Code of the Russian Federation. In this article, the author examines the concept of reproductive rights as an object of criminal law protection and their classification.

Los estilos APA, Harvard, Vancouver, ISO, etc.

40

Ognerubov, Nikolai A. "International legal framework for the criminal legal protection of the embryo". Current Issues of the State and Law, n.º 18 (2021): 296–308. http://dx.doi.org/10.20310/2587-9340-2021-5-18-296-308.

Texto completo

Resumen

In connection with the active development and use of assisted reproductive technologies, protection of the human embryo and its legal status issue is currently being actualized. We make an attempt to reveal and explain some of the international aspects of the criminal law protection of the life and rights of the embryo. We consider the concept of “embryo” not only from the point of view of various scientific approaches (medicine, biology, embryology, jurisprudence), but also from the legislative side. We present and analyze the first mention of the embryo in Roman private law in connection with modern domestic law. We carry out an analysis of international legal acts that provide protection of embryos both “in vitro” and “in vivo”, followed by consideration of specific criminal law norms of foreign countries, namely Brazil and Colombia. We pay attention to some of the most famous cases from the jurisprudence of the European Court of Human Rights in order to understand the applied international legal acts “de facto”. The study also takes into account modern domestic legislation and considers point “g” of part 2 of Article 105 of the Criminal Code of the Russian Federation.

Los estilos APA, Harvard, Vancouver, ISO, etc.

41

OSADCHUK, Mikhail A., Alexey M. OSADCHUK, Ekaterina D. MIRONOVA y Karina S. SOLODENKOVA. "Global and Russian Reproductive Care in the Context of Medical Tourism: Ethical, Social, Economic and Political Issues". Journal of Environmental Management and Tourism 12, n.º 6 (30 de septiembre de 2021): 1537. http://dx.doi.org/10.14505//jemt.v12.6(54).10.

Texto completo

Resumen

Cross-border reproductive care is a complex issue of the modern world that also impacts the Russian Federation. The main reasons for engaging in cross-border reproductive care are various legal, social, cultural, economic and religious factors, as well as national healthcare quality. In many countries, reproduction involving third parties, i.e., their sperm, eggs and embryos, is prohibited by law. This is why gamete donation is one of the main causes of pursuing CBRC in a foreign country, with Russia holding leading positions in this industry. Current stage of healthcare development makes Russia a major surrogate tourism destination, due to its common European culture and improved public health standards. Besides, Russia, as a multiethnic state where all religions are represented, has the most liberal legislation concerning infertility treatment. Fertility tourists have the same rights as Russian citizens in terms of assisted reproduction procedures, including obtaining the birth certificate regardless of biological relation to the child.

Los estilos APA, Harvard, Vancouver, ISO, etc.

42

Chernik, S. "THE RIGHT TO MOTHERHOOD AND PATERNITY AS PERSONAL NON-PROPERTY RIGHTS OF THE SPOUSE". Scientific notes Series Law 1, n.º 10 (julio de 2021): 25–29. http://dx.doi.org/10.36550/2522-9230-2021-10-25-29.

Texto completo

Resumen

The article reveals the essence of one of the main personal non-property laws of spouses, enshrined in family law – the law to motherhood and fatherhood. It is noted that there is no definition of «motherhood» and «fatherhood» in the legislation. The definitions of the concepts «law to motherhood» and «law to fatherhood» proposed in the scientific legal literature are studied and generalized. The exercise of the law to motherhood and fatherhood is linked to the reproductive function of women and men, and it is important that they fulfill the social functions that arise in connection with the birth of a child. The constituent elements of the law to motherhood are considered. A woman has the law to pregnancy and health care during pregnancy and childbirth, the provision of qualified medical care in accredited health care facilities, partner childbirth. It has been found that the most controversial issue is a woman’s law to refuse to have a child, which includes a woman’s voluntary refusal to have children or abortion. The abortion procedure in Ukraine is regulated by law. However, the problem of determining the legal status of the embryo is quite complex and needs to be studied. The approaches to determining the moment of the beginning of protection of human life offered in legal science, namely: absolutist, liberal and gradualistic (moderate) are revealed. Emphasis is placed on the moral aspect of the problem of abortion. It is noted that a woman decides on the issue of abortion on her own, while such a law is not assigned to a man. It is stated that the law to paternity is closely related to the law to maternity and consists of three powers: the husband decides whether or not to have a child, may demand not to prevent him from exercising such a law and to defend parental laws in court.

Los estilos APA, Harvard, Vancouver, ISO, etc.

43

Ishchenko, Yevgeny y Nadezhda Kruchinina. "High-Tech Linked Crimes". Russian Journal of Criminology 13, n.º 5 (31 de octubre de 2019): 740–46. http://dx.doi.org/10.17150/2500-4255.2019.13(5).740-746.

Texto completo

Resumen

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.

Los estilos APA, Harvard, Vancouver, ISO, etc.

44

Drobiazko, Volodymyr. "Protection of the rights of performers in accordance with German law". Theory and Practice of Intellectual Property, n.º 4 (19 de octubre de 2022): 24–29. http://dx.doi.org/10.33731/42022.265846.

Texto completo

Resumen

Keywords: rights of the performer, moral rights, rights to use, communication tothe public, the right of the performer to demand payment of remuneration, the validityperiod of the rights to use The article examines the protection of performers' rights in Germany, introduced by the Act amending copyright regulations of 24 June 1985. The Copyright Act includes Part 2 «Neighboring Rights», section 3 of which deals with the protection of performers' rights, and the law itself is called the «German Copyright and Neighboring Rights Act». The German Law of 10 September 2003 on the regulation of copyright in the information society completely amends §§ 73−83 of the Copyright and Related Rights Act, which governs the protection of performers' rights under the WPPT.The provisions of § 73 «Performer» are extended to the performance of works of folk art. Paragraphs 74−76 are devoted to the protection of moral rights, which were indicated fragmentarily by previous legislation. In the corrected form, moral rightstake precedence over rights of use, which confirms the special adherence of German law to them. Whereas under previous legislation so-called “consent rights” were granted to performers, the updated paragraphs grants the present rights of use:recording, reproduction and distribution, communication to the public, rights of use, the right of the performer to demand payment of remuneration, the sharing of several performances.In Germany, the rights of the organizer of performances are protected. If the performance of the performer is organized by a company, then the rights to use belong, in addition to the performer, also to the owner of the company. According to §83, the provisions of Section 6 «Copyright Restrictions» of Part I «Copyright» of the Copyright and Related Rights Act apply respectively to the restriction of the rights of the performer and the organizer of the performance.The protection of performers in Germany is in accordance with the provisions of the Rome Convention, the WPPT, the relevant EU directives. With further improvement of the protection of the rights of performers in Ukraine, it would be useful to use the experience of Germany regarding the protection of the rights of the organizer of a performance and determining the term for the protection of rights to performances recorded on a phonogram.

Los estilos APA, Harvard, Vancouver, ISO, etc.

45

Levinstein, David. "Paternity and Legal Abortion: A Comprehensive Analysis of Rights, Responsibilities and Social Impact". Community and Interculturality in Dialogue 2 (10 de diciembre de 2022): 30. http://dx.doi.org/10.56294/cid202230.

Texto completo

Resumen

Introduction: The abortion debate in society revolves around women's reproductive rights and autonomy, while also considering men's perspectives and societal implications. Women argue for the right to make decisions about their bodies, emphasizing the potential consequences of denying this right, such as forced motherhood and restricted personal and professional development. Men, too, play a role in the debate, with some supporting women's rights and emphasizing the importance of joint decision-making in relationships. Development: The historical context of abortion is complex, with different societies and time periods featuring varying views and regulations. From ancient civilizations to modern eras, practices and legal approaches to abortion have evolved. In the Middle Ages, the Catholic Church had a significant impact on abortion regulation, while scientific and medical advancements shaped modern debates. Abortion is defined as the deliberate termination of pregnancy before fetal viability, with legal definitions varying worldwide. Understanding these distinctions is essential to address abortion comprehensively. In Argentina, the historic reform of 2020 marked a significant change in abortion legislation, permitting termination of pregnancy up to 14 weeks without justification. The feminist movement played a crucial role in advocating for this reform, leading to a more inclusive and equitable approach. Despite this progress, challenges remain, including ensuring nationwide access and promoting comprehensive sexual education. Responsible fatherhood involves recognizing men's rights and responsibilities in pregnancy and abortion. Men have the right to receive information, be present during pregnancy and childbirth, and establish custody and visitation arrangements. Emotional support, financial contributions, and active participation in decision-making are also essential aspects. Legislation regarding men's involvement in abortion decisions varies, but a balanced, informed dialogue is encouraged.Conclusions: Argentina's legalization of abortion represents a significant step forward for women's reproductive rights and autonomy. The Law on the Voluntary Interruption of Pregnancy recognizes fundamental rights and guarantees and establishes access to safe and legal abortion services. However, challenges persist in ensuring equal access across the country. Responsible fatherhood involves recognizing men's rights and responsibilities in pregnancy and abortion decisions.

Los estilos APA, Harvard, Vancouver, ISO, etc.

46

Zaika, Yuri. "Directions of Updating the Inheritance Legislation of Ukraine". Journal of the National Academy of Legal Sciences of Ukraine 27, n.º 1 (26 de marzo de 2020): 84–99. http://dx.doi.org/10.37635/jnalsu.27(1).2020.84-99.

Texto completo

Resumen

The paper investigates the issues of updating the inheritance legislation. The purpose of this paper is to substantiate the first steps towards the creation of a scientific concept for the reform of inheritance law. The need to improve inheritance legislation is conditioned by a number of circumstances: new developments in the doctrine of inheritance law; law enforcement practices and problems that arise in courts upon considering hereditary disputes; the need to adapt domestic legislation to that of EU countries; consideration of Ukraine's aspirations for the European community. The dominant research methods are the comparative method and the modeling method, the use of which allowed to carry out comparative law analysis of the hereditary legislation of foreign countries and Ukraine and to identify the tendencies of development of the inheritance law, to understand the methods of overcoming the arising issues. Features of testamentary capacity of minors are revealed. An opinion was expressed that the legal regulation of relations involving post-mortem children and children born with the help of reproductive technologies may go beyond hereditary. Given the historical experience, the place of inheritance law in the civil law system was determined. The conclusion on the necessity of extending the freedom of testation by introducing simplified forms of it is justified: legalization of a simple written form of thetestament, and in extraordinary circumstances – the admissibility of announcement of the testamentary disposition in oral form. The legal nature of the secret covenant was identified; the norm of the testament with condition was modelled. Supplementary ways of protecting the rights of the testator are proposed, including appeal to the court for the removal of a person entitled to a compulsory share of inheritance from succession. The provision that the grounds for reducing the size of the obligatory share of the heir should be specified in the law is substantiated. Adoption of proposals aimed at improving legislation will facilitate the implementation and protection of inheritance rights. The overall result of the study lies in the need to recodify the inheritance legislation of Ukraine with consideration of the positive experience of continental Europe.

Los estilos APA, Harvard, Vancouver, ISO, etc.

47

SELMANI, Arta y Julinda ELEZI. "Assisted Reproduction and Reproductive Rights - Comparative Aspects between Republic of North Macedonia and Republic of Kosovo". PRIZREN SOCIAL SCIENCE JOURNAL 4, n.º 3 (31 de diciembre de 2020): 52–60. http://dx.doi.org/10.32936/pssj.v4i3.197.

Texto completo

Resumen

Developments in science and technology have, among other things, challenged the family. Human values, which change in step with this technological progress, have faced many legal, moral and ethical dilemmas which await answers from the science on bioethics. We are in such a situation when we discuss about many advances in contemporary and national family law, including new forms of family reproduction that differ from a natural process of child conceiving. The authors in this paper bring comparative aspects of biomedical and family legislation of the Republic of North Macedonia and Republic of Kosovo. Among other things, they emphasize that given the traditional and biological model of the family in our society, new reproductive forms are a very reserved topic in the family and biomedical field, but it awakens a curiosity of discussions on ethics, philosophy and legal regulation of reproduction of human beings in both countries. The numerous stereotypes that prevail in the society of both countries regarding the application of artificial reproduction technology methods are contrary to many legal and medical justifications for couples who do not have the opportunity to become parents in a biological (natural) way. Therefore, the purpose of the authors is to provide accurate and grounded information through this text about the legal framework and medical options available to all persons who wish to exercise their reproductive right to establish a family.

Los estilos APA, Harvard, Vancouver, ISO, etc.

48

Lytvynenko, Anatoliy A. "The Concept of the Patient’s Autonomy: From the Vaults of Civil Law". ATHENS JOURNAL OF LAW 8, n.º 1 (29 de diciembre de 2021): 83–106. http://dx.doi.org/10.30958/ajl.8-1-5.

Texto completo

Resumen

The concept of patient’s rights itself was fairly known before the last four or five decades, and medical malpractice of all kinds made the aggrieved party to seek redress at a court; but no special legislation, apart from rare exceptions, has ever existed to anchor the patient’s rights before the late 20th century. In the civil law tradition of the 20th century, especially its earlier decades, doctors could be held criminally or civilly liable for a wide variety of malpractice, including unauthorised medical intervention or divulgation of patient’s information, though such provisions did not develop actual rights, were quite general in their nature, and were individually assessed by the courts in each case. Within in the gradual change in the doctrines of medical law, the term “autonomy”, shaping the patient’s right to decide what medical interventions could or could not be performed upon his body, intervened into the existing legal scholarship, which was later augmented with various issues, such as access to medical records of the patient, refusal of blood transfusion, participation in medical experiments, deciding upon end-of-life situations or relating to various reproductive law considerations, not always permitted by national law. Many of these rights are much older than the concept of patient’s autonomy themselves, and have developed in the case law which itself has originated from lawsuits against doctors and hospitals for acts, being nearly obscure in the existing legal doctrine, such as unauthorised medical experiments. The given paper is aimed to discuss the academic development and overall gist of the patient’s right to autonomy, as well as some of its early interpretations in civil law doctrine. Keywords: patient’s rights, medical malpractice, theory of law, medical law, patient autonomy, civil law.

Los estilos APA, Harvard, Vancouver, ISO, etc.

49

Kaif, Mohd y Akanksha Verma. "IS PATENTING A THREAT TO REPROUCTIVE RIGHTS?" Dogo Rangsang Research Journal 13, n.º 06 (2023): 149–56. http://dx.doi.org/10.36893/drsr.2023.v13i5n5.149-156.

Texto completo

Resumen

Technology is the way to progress for the human race. Technology has changed the life of human beings from ancient times to the modern era. Law and society are interdependent on each other. Today’s modern society is standing on the crossroads of law, science, and technology. Technology, on the one hand, brings with it a vulnerability that cannot be neglected in the society like Invasion of privacy. On other hand there are technology that are introduced in modern times which helps one to procreate. With the extensive advances in medicine and medical technologies and to open a way to this manifestation of human mind, the medical sciences made an acute beginning by way of medically assisted human reproduction. Innovation in these technologies open a gateway for the innovator to apply for patent of these ideas to encourage economic and technological development and encourage competition by creating a financial incentive. But Patenting of ART can have an effect on reproductive rights in a number of ways. One of the main concerns is that it can make these technologies less accessible to people. It also raises ethical, social and legal issues. This study critically warrants the examination of current patent system with relation to the reproductive rights available under different legislations.

Los estilos APA, Harvard, Vancouver, ISO, etc.

50

Nykolyna, Kateryna V. "REPRODUCTIVE CHOICE: INTERNATIONAL ETHICAL STANDARDS AND PROSPECTS FOR LEGAL REGULATION IN CERTAIN EUROPEAN COUNTRIES". Wiadomości Lekarskie 73, n.º 9 (2020): 2056–61. http://dx.doi.org/10.36740/wlek202009230.

Texto completo

Resumen

The aim: The article is aimed at elucidating the prospects for the formation of universal ethical and legal standards in the work of medical workers in order to ensure the reproductive choice of a person according to the analysis of international documents, court practice of the ECHR, and the national legislation of individual European countries. Materials and methods: Research materials include scientific developments of both domestic and Western theorists and human rights defenders in the field of medical law in the aspect of reproductive choice. The recommendations of the Center for Reproductive Rights in the USA, the World Health Organization, the United Nations, and the ECHR practices were of great importance. This article used the methods of searching, analyzing, organizing, and summarizing information. Conclusions: It is necessary to ensure the provision and guarantee of reproductive choice for everyone at the level of the Constitution. Given the public debate about the contradictions of individual manifestations of reproductive autonomy, it is proposed at the first stage of legal regulation to develop national principles and ethical standards for medical workers in this area

Los estilos APA, Harvard, Vancouver, ISO, etc.

Artículos de revistas sobre el tema "Reproductive rights – law and legislation"

Crea una cita precisa en los estilos APA, MLA, Chicago, Harvard y otros