Journal article Open Access

Determination and Content of Reproductive Rights of an Individual

O.V. Yavtushenko

Biological reproduction is the key to the continuation of the human being and the existence of society. The rapid development of science and technology combined with the ongoing demographic crisis, current epidemiological challenges, the clash of traditional and modern approaches to the realization of the right to abortion, human cloning, usage of contraceptives, artificial insemination and paternity necessitates to resume discussion of the concept, content, place and role of reproductive human rights in the system of personal non-property rights. This research is designed to answer only some of these questions. It is intended to define the concept of the legal category of reproductive rights, to outline the content and scope of such rights.

The main goal of the article is to systematize the approaches to the definition of the concept of reproductive rights and to formulate a single concept of reproductive rights of an individual; to give the definition of constituent elements of reproductive rights and to make their brief review. This research also aims to study approaches to the peculiarities of defining the concept and content of reproductive rights of individuals, status of their legal regulation in Ukrainian and international law.

The article analyzes the evolution of the concept of reproductive rights and their internal content. Based on the analysis of the sources of international law, national legislation and doctrinal positions, the author made an attempt to form his own definition of reproductive rights and their essence. In general the article presents the results of the research regarded to defining the concept of reproductive rights, approaches to establishing the scope of such rights and their legal content. The analysis of the specified problems showed the relevance and timeliness of such a study. The conclusions made in the article can be used in law-making and law enforcement activities. It can help to regulate the place of reproductive rights of individuals in the legal system of Ukraine, legal regulation of the rights to abortion, artificial insemination and the usage of contraceptives, as well as further scientific research on the above topics.

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