The evolution of reproductive rights in view of bioeconomics

Abstract

The article considers a general concept of reproductive rights, its primary enshrinement into international documents, and manifestation in specific laws adopted in post-Soviet space (including the Russian Federation). Various approaches to legal regulation based on direct enshrinement of specific reproductive rights, and determination of a legal regime of assisted reproductive technologies are shown. Some examples taken from legislation of the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, and the Kyrgyz Republic are given. The Western European experience based on the regulation of technologies rather than on provision of new basic human rights is presented. Effects of inclusion of reproductive technologies into economically evaluated medical industry are analyzed. It is highlighted that regulatory logic of reproductive technologies in Russia is largely based on market approaches, and any medical intervention is considered to be a civil service. Meanwhile, according to 2020 Constitutional amendments, Article 114 of the Constitution of the Russian Federation enshrined preservation of traditional values. Thus, a theological approach to the regulation of most biomedical issues seems to be relevant.