Reproductive choice rights in the system of new bioethical human rights
Abstract
This article presents an in-depth examination of challenges facing the practical implementation of reproductive rights in contemporary society. Research confirms that reproductive rights constitute a fundamental component of fourth-generation human rights, characterized by autonomous choice of legally permitted behaviors and personal self-determination. The legal framework governing reproductive rights in Ukraine includes constitutional provisions, Civil and Family Codes, and healthcare legislation. However, the analysis reveals a significant legislative gap - the absence of a unified regulatory document comprehensively addressing reproductive rights, resulting in numerous legal inconsistencies. The study categorizes reproductive rights into positive rights (such as artificial insemination access) and negative rights (including sterilization and abortion services). Key regulatory issues surrounding assisted reproductive technologies are identified, particularly the lack of clear statutory definitions for critical terms like “infertility,” “embryo,” “surrogacy,” and “genetic parents,” alongside inadequate age restrictions for ART procedures and ambiguous embryo status regulations. International jurisprudence on sterilization is examined, with specific reference to the V.C. v. Slovakia case, which emphasized the paramount importance of obtaining informed patient consent. The research highlights the problematic imbalance in spousal rights regarding sterilization and abortion decisions, advocating for mandatory consent requirements when procedures could permanently affect a couple’s procreative capacity. Particular scholarly attention focuses on the embryo’s evolving legal position within reproductive rights discourse, especially relevant given advancing reproductive technologies. The article explores ethical and legal tensions between embryonic right to life considerations and individual reproductive freedoms. The conclusion offers specific recommendations for strengthening reproductive rights legislation in Ukraine.