Abstract
The article explores the features of reproductive health legal regulation in Ukraine. The concept of “reproductive rights” is proposed, their basic principles are revealed, elements of the system of such human rights and criteria for their classification are introduced. Legal norms don`t fully provide opportunities for individuals` reproductive rights realization and preservation of their reproductive health. The purpose of the article is to disclose the features of legal regulation of reproductive rights implementation when studying the concepts of “health and human rights” and “the concept of reproductive rights”. The methodology of this research is based on use of general scientific and special cognitical methods. Comparative legal and comparative methods have allowed studying of laws governing the human right to access “assisted reproductive technologies”. The formal logical method was used to differentiate the criteria for distinguishing between legal structures “reproductive health”, “protection of reproductive health” and “reproductive rights”. The modeling, analysis and synthesis methods made it possible to identify the legal basis for human rights protection in reproductive health field, the principles for reproductive rights implementation, the reproductive rights system and their classification, and deficiencies in legal regulation. The results of this work allowed us to identify the legal problems of legislation that arise in the reproductive human rights implementation. It was proposed the adoption of a single legislative act in Ukraine, which would comprehensively regulate the reproductive health protection, consolidate reproductive human rights and provide guarantees for their implementation.
Highlights
Reproductive health care has been identified by WHO at the global level as a priority industry in accordance with a resolution of the United Nations World Health Assembly (1995)
Reproductive rights are inalienable human rights that are already recognized in national laws, international human rights instruments and other generally recognized acts (Dashkovska O.R., 2018, p.20)
The Family Code of Ukraine contains provisions that the wife has the right to motherhood (Article 49), and the husband has the right to fatherhood (Article 50), that is, the right to reproductive rights is provided for at the legislative level
Summary
Reproductive health care has been identified by WHO at the global level as a priority industry in accordance with a resolution of the United Nations World Health Assembly (1995). Reproductive health of the population is an important determinant of the effectiveness of state social policy. According to the Ministry of Health of Ukraine, the level of infertility in Ukraine reaches almost 20%. This means that every 5th Ukrainian couple cannot conceive a child in the traditional way. Reproductive rights are inalienable human rights that are already recognized in national laws, international human rights instruments and other generally recognized acts (Dashkovska O.R., 2018, p.20). According to the World Congress of the European Community of Human
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