Chapter

Human Rights and Reproduction

Ruth Deech and Anna Smajdor

in From IVF to Immortality

Published in print November 2007 | ISBN: 9780199219780
Published online January 2009 | e-ISBN: 9780191713002 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199219780.003.0007
Human Rights and Reproduction

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The question of a right to reproduce is analysed. A case study involving a convicted murderer's request for fertility treatment under the Human Rights Act 1998 is considered. The authors explore the limits of a right to reproduce, including arguments that people should have the right to choose the attributes of their offspring. The provisions of the Human Rights Act are analysed, including the rights to privacy and family life. The authors argue that these rights cannot entail a right to conceive or rear offspring. The relationship between positive and negative rights is explored, and it is suggested that a right to reproduce is more plausibly interpreted as a right not to be prevented from doing so.

Keywords: privacy; reproductive right; fertility

Chapter.  10169 words. 

Subjects: Medical and Healthcare Law

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