Naslov
What is Local and What is Global in the Legal Regulation on Human Reproduction?

Autori
Hrabar, Dubravka

Izvornik
Donald School Journal of Ultrasound in Obstetrics and Gynecology (0973-614X) 14 (2020), 3; 265-278

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, pregledni rad, znanstveni

Ključne riječi
European Court of Human Rights, Human dignity, Legal regulation, MAP, Surrogate motherhood.

Sažetak
Science evolves with new knowledge. Medically assisted procreation (MAP) is one of the scientific fields that has become a revolutionary aid for many couples enabling them to make their beautiful wish to have children come true and achieve the greatest happiness a human being can feel. However, as for any progress, progress of biotechnology and medicine is a relative value if detached from the humane objective. On the one hand, the role of law is to regulate existing relations, and on the other hand to steer social behavior toward a desired goal. When it comes to the MAP treatment, questions arise as to the benefit and harm for the participants in the procedure and third parties. Since law is a system that corresponds to certain categories of values, the question arises whether law regulates, in an acceptable way, everything that is permitted in the MAP procedure and not what is possible in this procedure. New achievements, or everything that MAP can achieve, are not always ethically acceptable. The seriousness of the topic of manipulation with human life, especially its beginning, is shyly and insufficiently recognized in some international documents of global character. Some national legislations, especially in the Member States of the Council of Europe and the European Union, seem to be on the final point of “being overstretched”. European judicature is already facing a major dilemma: Legal protection of the beginning of human life at conception or permissibility of trafficking in unborn children and embryos. The latest case law of the European Court of Human Rights (ECtHR) is not consistent with regard to the children’s rights, it is directed toward a more relaxed attitude toward surrogate motherhood, legally the most questionable reproductive procedure, with a (temporarily) permissive attitude toward national legislation. However, one can discern a liberal approach on the horizon, which is already intriguing now and prompts reflection on the future child, his status, rights, benefits, and interests. Similarities and differences at a local level are a result of historical development, the influence of national cultures, and represent a treasure, and not impoverishment. Every future development of legal regulations and medical possibilities has a big question mark placed after the words “value” and “ethical”.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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