THE HUMAN RIGHT TO STERILIZATION: MEDICAL AND LEGAL ASPECT

Abstract

The aim: To consider the general principles of the human right to sterilization in terms of medicine and law. Materials and methods: Formal-logical methods of analysis and synthesis allowed to reveal the content of the concepts that make up the subject of research, to classify them, as well as to formulate intermediate and general conclusions. The systematic method allowed to study the role and significance of right to sterilization among other human rights and freedoms. Using the historical method, the doctrinal basis of the study was analyzed, and the main stages of the formation of category “right to sterilization” with human participation were identified. Conclusions: The issue of surgical sterilization should not be considered during contractions, as happened in this particular case, but before or after childbirth, because a woman in childbirth can not adequately perceive information and make such important decisions. If this decision is made after delivery, the doctor must make sure that the patient is psychologically healthy. In addition, the consent for surgical sterilization of the spouses must be signed together. Although this procedure follows from the human right to dispose of one’s own body, however, in the presence of marriage, referring to Part 2 of Art. 54 of the IC of Ukraine, which states that all important issues of the family should be resolved by the spouses together, on the basis of equality. If such a decision is made by the wife alone, she must be considered to have committed the wrongful conduct.