OUVRAGE : C. Draghici, Procreative Rights in International Law: Insights from the European Court of Human Rights

Carmen DRAGHICI

 
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.

TABLE OF CONTENTS

Table of International Cases page
Table of International Instruments

Introduction 

1. Parenthood Aspirations and Justiciable Rights

1.1. Reproductive Technologies, Bioethics and the Rise of New Human Rights Claims
1.2. Reproductive Freedom between Negative and Positive Obligations

2. A Right to a Genetically Related Child?

2.1. The Right to Medically Assisted Procreation and to Control over One’s Genetic Material
2.2. Gamete Donation: Reconciling Genetic Parenthood and Free Choice of Partner
2.3. Posthumous Parenthood: Deferred Procreation and Respect for Privacy beyond Death
2.4. Recognition of Legal Ties Following Overseas Surrogacy Arrangements: Respect for Biological Parentage
2.5. Concluding Remarks

3. A Right to the Recognition of Intentional Parenthood?

3.1. Parenthood Claims in Third-Party Reproduction
3.2. Protecting Intention-Based (Non-biological) Parenthood in Donor Cases
3.3. Non-biological Commissioning Parents in Surrogacy Arrangements
3.4. Concluding Remarks

4. A Right to a Healthy Child? From Medical Therapy to Eugenic Selection

4.1. From Healthcare to Autonomy Rights
4.2. Prenatal Diagnosis and Therapeutic Abortion
4.3. PGD and Screening for Disability
4.4. The Right to a Bespoke Child?
4.5. Concluding Remarks

5. The Quest for Reproductive Equality: The Challenges of Sexual Orientation, Gender and Civil Status

5.1. Reproductive Rights beyond Heteronormativity and Coupledom
5.2. Assisted Conception for Same-Sex Couples
5.3. Transgender Parenthood and Children Born through Artificial Insemination
5.4. Single Aspiring Parents: Redefining ‘Reproductively Challenged’ Conditions
5.5. The Different Treatment of Genetic Mothers in Relation to Surrogacy Arrangements
5.6. Concluding Remarks

Conclusions

C.1. The Contribution of International Case Law to the Development of Procreative Rights
C.2. Obstacles to the Development of Procreative Rights in International Law
C.3. The Prospects of Emerging Procreative Rights in International Jurisprudence

Select Bibliography
Index

Carmen DRAGHICI, Procreative Rights in International Law: Insights from the European Court of Human Rights, Cambridge, Cambridge University Press, 2024 (344 pp.)