WOMEN’S REPRODUCTIVE RIGHTS AND THEIR SCOPE UNDER INTERNATIONAL LEGAL FRAMEWORKS

Abstract

Abstract. The article is devoted to the problem of nature and role of individual’s reproductive rights in the system of private moral right. The purpose of the contribution is to study the legal regulation of reproductive rights of women in India and Ukraine and analyse the features of some reproductive rights, which are carried out with the help of assisted reproductive technologies with an emphasis on issues related to surrogacy, case law on this issue. Research methods. The paper is executed by applying the general research and special methods of scientific cognition. Results. Reproductive rights generally mean the right of an individual to control the process of reproduction. It includes the right to decide whether to have or not to have a child, the number and spacing of children; access to reproductive services etc. Considering the importance of human reproduction, the reproductive rights are declared as fundamental human rights. However, at the international and national levels, there is no a single document which explains the scope of reproductive rights. In the absence of such a document, the reproductive rights raise several questions. For example, the scope of this right to an aged or disabled person or a transgender or a prisoner etc. is a million-dollar question which does not have a specific answer. Since the women’s empowerment includes women’s reproductive empowerment, a clear and reasonable answer is required for achieving the aim of reproductive empowerment. A detailed examination of legal frameworks both at international and national levels is necessary to answer these questions. Conclusions. Scientific positions on reproductive rights are substantiated. It is emphasized that reproductive rights are the rights of the latest, fourth generation of human rights, and are derived from personal rights. It is noted that human reproductive rights are both natural and those that are carried out with the use of assistive technologies. The article deals with the basic types of reproductive rights, including the right to artificial insemination, surrogacy, sterilization, prevention and treatment of infertility, abortion, organ donation and reproductive cells, the use of contraception, the right to reproductive choice, the right to reproductive health, right to information about reproductive rights, the right to privacy to implement reproductive rights and others. The necessity of adopting the special legislative act in the sphere of reproductive rights and reproductive health is grounded.