Reproductive human rights: General legal support and implementation in the field of criminal justice

Abstract

The unsatisfactory demographic situation in European countries, in particular the reduction of fertility, actualizes the issue of reproductive rights. Reproductive rights include the human ability to make free and independent decisions about their reproductive health, including the birth of children, the time and intervals between their birth, the right to decide on procreation without discrimination, threats and violence, as well as recognition of the right to receive relevant information. The article is devoted to the analysis of some problematic general theoretic, criminal law and criminal procedure aspects in the field of reproductive rights. In particular, issues of assisted reproductive technologies application, their regulation at the international and national levels, as well as in the practice of the European Court of Human Rights (hereinafter – ECHR) are considered in the article. Special attention is paid to the specificity of the legal and practical factors of surrogacy.

Keywords

• reproductive right
• assisted reproductive technologies
• artificial insemination
• surrogacy
• reproductive factors in criminal law
• reproductive factors in criminal process
• reproductive rights and criminal justice