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.

Highlights

  • The development of new technologies in the field of biomedicine is due to unsatisfactory demographic situation, since mortality rates exceed fertility rates in most European countries

  • The theoretical development and normative implementation of procedural and organizational measures aimed at ensuring the realization of reproductive rights of individuals convicted to imprisonment look promising

  • The right to use ART methods is an integral part of reproductive rights being implemented in order to protect reproductive health, infertility treatment, the right to procreation, preservation of reproductive material and embryos

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Summary

Introduction

The development of new technologies in the field of biomedicine is due to unsatisfactory demographic situation, since mortality rates exceed fertility rates in most European countries. This is a matter of extreme significance since the society’s sustainable development of any country depends on its demographic prospect, which is directly related to the reproductive health of the nation. The specified program direction, declared by the UN, cannot be implemented without proper normative regulation of the issue of reproductive rights at the level of national legislation of individual countries. The imperfection of international and national legislation somewhere in the settlement gap of certain issues in the field of

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