Human reproductive rights in the practice of the European Court of Human Rights: impact on law enforcement practice and constitutional legal doctrine in Ukraine

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The article is devoted to the issues of reproductive human rights in the decisions of the European Court of Human Rights and their impact on the practice of law enforcement and constitutional-legal doctrine in Ukraine. It emphasizes that personal reproductive rights are an important element of the system of fundamental human rights. Judicial practice, including the practice of the European Court of Human Rights, has a significant impact on the regulation and implementation of reproductive rights. A priority area for the development of Ukrainian legislation is the study of the possibilities of using judicial practice in the fiel of protection and safeguarding reproductive rights. A key issue in this regard is the scope of the regulating influence of precedential rulings concerning reproductive rights, as reflected in the decisions of the European Court of Human Rights. It is noted that referring to this practice is becoming a common legal practice among participants in judicial and administrative procedures. At the same time, a problem arises in applying judicial practice to relationships that are not independently regulated by law in Ukraine due to the absence of a separate legal act governing assisted reproductive technologies. It is emphasized that such a national legal act should adhere to the principles outlined in the precedential decisions of the European Court of Human Rights related to reproductive rights. The current law enforcement practice of the European Court of Human Rights demonstrates its use of a well-developed methodology for interpretation based on the consensus (legal harmonization) method, i.e., combining the interpretation of international acts and agreements with the practice of member states’ national legal systems. At the same time, the analysis of constitutional interpretations reflected in national legal systems is also important. At the level of constitutional-legal doctrine, it becomes important to form theoretical approaches to understanding the interpretative mechanisms for applying the precedent law of the European Court of Human Rights, specifically in the area of reproductive rights.