Legal Restrictions in the Application of Reproductive Technologies: in Search of a Balance Between Private and Public Interests
( Pp. 53-58)

More about authors
Aleksey N. Dovnar
National Research University “Higher School of Economics”
Moscow, Russian Federation
Abstract:
Abstract: Human rights in the reproductive sphere are an integral part of the legal status of the individual, which presupposes the obligation to implement, along with human rights, the principle of non-abuse of rights. However, unfortunately, the liberalization of health legislation that began in the USSR is taking place in modern Russia, which is manifested in the development of the following problems: 1) a woman’s independent decision-making not only about the number of children and the periods between their births, but also the possibility of getting rid of the conceived a child outside of objectively determined social and (or) medical indications; 2) transformation of the once done artificial termination of pregnancy into the diagnosis of disorders of female fertility, which requires further infertility therapy; 3) the absence of a legislative ban on the export of genetic material and any other biological cells (their components) of citizens outside the country, which undermines the national security of the Russian state. To solve the identified problems, the author proposes: 1) the adoption of a new security law reflecting the definition of “demographic security”; 2) introduction of a ban on artificial termination of pregnancy at the request of a woman, outside of social and (or) medical indications; 3) restrictions on the export of biological cells (their components) of citizens of the country outside the state.
How to Cite:
Dovnar A.N. Legal Restrictions in the Application of Reproductive Technologies: in Search of a Balance Between Private and Public Interests // Gaps in Russian Legislation. 2024. Vol. 17. №1. Pp. 053-058. (in Russ.). EDN: OEUJXB
Reference list:
Aleynikova V.V. Current issues of law enforcement practice in the field of assisted reproductive technologies // Law. 2022. No. 6. pp. 126-138.
Amayakyan I.G., Kochetkova I.P. Artificial termination of pregnancy and its consequences // Current issues in obstetrics and gynecology: collection of materials from the intra-university scientific and practical conference. From: Rostov State Medical University, Rostov-on-Don, 2023. P. 28-37.
Ganbaripur A.M. The right to abortion as an inalienable right of women’s rights // Russian jurisprudence tribune of a young scientist: collection of articles / rep. ed. V.A. Utkin. Tomsk: Tomsk State University Publishing House, 2021. – vol. 21. pp. 44-45.
Dovnar A.N. Changes in legislation and problems of reproductive tourism: review of hearings in the Public Chamber of the Russian Federation // Gaps in Russian legislation. 2021. T. 14. No. 1. pp. 85-95.
Kapitonova E.A. Legal status of a newborn child: a new approach to definition // News of higher educational institutions. Volga region. Social Sciences. 2019. No. 4(52). pp. 70-79.
Kovalenko A.I., Sharshova O.A. Abortion: pros and cons // Trends in the development of science and education. 2020. No. 67-6. pp. 129-132.
Mokhov A.A. Demographic security and its legal support // Lawyer. 2023. No. 6. P. 62-67.
Mokhov A.A. Is an unborn child a subject of legal relations? // Family and housing law. 2019. No. 4. pp. 14-18.
Address of His Holiness Patriarch Kirill to the participants of the X All-Church Congress on Social Ministry // Official portal of the Russian Orthodox Church of the Moscow Patriarchate. URL: http://www.patriarchia.ru/db/text/5808471.html (access date: 01/11/2024).
Fertility according to Rosstat data // URL: http://rosinfostat.ru/rozhdaemost/ (access date: 01/11/2024).
Rozhdaemost po dannym Rosstata // URL: http://rosinfostat.ru/rozhdaemost/ (data obrashcheniya: 11.01.2024).
Keywords:
medical law, reproductive technologies, abortion, women's rights, assisted reproductive technologies, childbirth, embryo status, demographic security, national interests..


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