Abstract
The article considers a general concept of reproductive rights, its primary enshrinement into international documents, and manifestation in specific laws adopted in post-Soviet space (including the Russian Federation). Various approaches to legal regulation based on direct enshrinement of specific reproductive rights, and determination of a legal regime of assisted reproductive technologies are shown. Some examples taken from legislation of the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, and the Kyrgyz Republic are given. The Western European experience based on the regulation of technologies rather than on provision of new basic human rights is presented. Effects of inclusion of reproductive technologies into economically evaluated medical industry are analyzed. It is highlighted that regulatory logic of reproductive technologies in Russia is largely based on market approaches, and any medical intervention is considered to be a civil service. Meanwhile, according to 2020 Constitutional amendments, Article 114 of the Constitution of the Russian Federation enshrined preservation of traditional values. Thus, a theological approach to the regulation of most biomedical issues seems to be relevant.
Highlights
Novel reproductive technologies have become widespread worldwide
A legal effect of their evolution was both new legal regimes and specific rights were called reproductive rights (Latin: re, again + productio, production), that is, those related to reproduction of population
Reproductive rights were first incorporated into such international non-binding documents as the Programme of Action adopted at 1994 International Conference on Population and Development in Cairo, and the Platform for Action adopted at 1995 Conference on Women in Beijing
Summary
Novel reproductive technologies have become widespread worldwide. A legal effect of their evolution was both new legal regimes and specific rights were called reproductive rights (Latin: re, again + productio, production), that is, those related to reproduction of population. In the UK there is the Human Fertilization And Embryology Act of 1990; the French Law No 2004-800 of 6 August 2004 on Bioethics) In most cases, they analyze obligations of the state to ensure reproductive health, such as induced abortion [4], services of medical organizations on family planning [5], prevention of teenage pregnancy in educational institutions [6], and other issues related to the organization of specialized medical care. They analyze obligations of the state to ensure reproductive health, such as induced abortion [4], services of medical organizations on family planning [5], prevention of teenage pregnancy in educational institutions [6], and other issues related to the organization of specialized medical care The Constitutional Court of Russia refused to satisfy the claims
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