Limitations of reproductive rights: Certain general theoretic aspects

Abstract

As is well known of the most sharp problems of the theory and practice of fundamental rights and freedoms legal safeguarding is the question of human rights limitations of such rights. Namely, discursive and not sufficiently researched remains the problem of legal regulation of reproductive rights limitations both in international, and in national legislation on these items. Legal legislation of Ukraine in the sphere of reproductive human rights regulation in fact does not contain system of clearly defined principles on defining content and volume for realization of aforementioned human rights group, and existing law drafts, that were prepared in particular with the aim of complex legal regulation of the system of reproductive rights do not take into account human rights protection practice of the international, namely European judicial bodies on these questions. Thus the aim of the article is research and careful determination of the principle for defining content and volume of the reproductive rights in the human rights protection practice of the European Court of Human Rights with the aim of providing most effective national legal instruments of reproductive rights protection, that (legal instruments) would be based on European standards of limitations of the aforementioned rights. The article as the result of careful scientific research concludes with the following suggestions, namely to amend art.64 of the Constitution of Ukraine with the following provision: “Human rights limitations can be recognized as lawful only under the condition, if certain limitations are recognized by law and do not lead to negation of the essence and purpose of certain right”.

Keywords

• human rights limitations
• reproductive rights
• european convention
• human rights protection of the european court of human rights