We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
The Conclusions put forward a first catalogue of procreative rights based on the claims successfully asserted in international case law to date. Obstacles to the development of procreative rights are also considered, from jurisdictional issues (such as the recognition of the subsidiary nature of international human rights law and States’ margin of appreciation in sensitive areas) to certain underlying assumptions in the judicial analysis (e.g. the importance of marriage as a foundation for intentional non-genetic parenthood). Finally, this closing chapter examines incipient and potential rights, that is, claims which have not yet been raised in international litigation (some currently pending in Strasbourg) or which were left to the discretion of national legislatures. Although many procreative rights are still aspirational in nature, it is suggested that the continuously evolving interpretation of the ECHR, aligning its requirements with medical advances and social perceptions, will eventually expand the scope of procreative autonomy in international law.
The Introduction provides an overview of the conceptual background and main themes of the book. It briefly considers the advances in assisted reproduction technology (e.g. in vitro fertilisation and pre-implantation genetic diagnosis) and their benefits for aspiring parents. It suggests that these scientific developments not only have led to the emergence of new trends in bioethical politics, but have also inspired claims in the international human rights arena. In fact, an increasing number of legal cases, most notably in the European Convention on Human Rights system, has started to establish a set of rights in connection with access to medically assisted procreation; they are an extension of autonomy rights, the right to respect for family life and non-discrimination rights. The Introduction offers a synopsis of each chapter, outlining the key bioethical and legal controversies examined therein, as well as the central arguments proposed by the book in light of international litigation.
Draghici contends that the advent of assisted reproductive technologies has given rise to new fundamental, albeit not unqualified, rights. They include the right to use medically assisted procreation (e.g. artificial insemination, in vitro fertilisation, potentially gamete donation, posthumous conception or surrogacy) in order to become a parent (typically where natural procreation is hindered by infertility, sexual orientation, relationship status or adverse life events), the recognition of intention-based parenthood in relation to donor-conceived children jointly planned and raised with the genetic parent, and the right to pursue the conception of a healthy child (e.g. through recourse to preimplantation genetic diagnosis and embryo selection to avoid severe illness in future offspring). To substantiate this claim, the book relies on a comprehensive analysis of international case-law on procreative autonomy, contextualised by a discussion of highly divisive bioethical controversies, from the status of embryos to the morality of genetic screening and third-party reproduction.
Recommend this
Email your librarian or administrator to recommend adding this to your organisation's collection.