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Title of Article

LEGAL PROTECTION OF REPRODUCTIVE RIGHTS IN THE PRACTICE OF INTERNATIONAL BODIES


Issue
5
Date
2022

Article type
scientific article
UDC
341.1/8
Pages
72-79
Keywords
 


Authors
Gazina N.I.
Moskovskiy gosudarstvennyy yuridicheskiy universitet im. O.E. Kutafina


Abstract
Approaches to the legal regulation of reproductive rights differ significantly from country to country and there is no the international consensus on this issue. In this context, the way in which international bodies interpret the provisions of human rights treaties when dealing with violations of reproductive rights is crucial. The objective of the article is to identify, on the basis of an analysis of the practice of international human rights bodies, the characteristics of international legal protection of reproductive rights.The conclusion is drawn that despite the absence of international consensus in the field of reproductive rights protection, international bodies are sufficiently effective in protecting these rights through the interpretation of general human rights treaties. The characteristics of reproductive rights protection: states enjoy wide margin of appreciation; states are obliged to ensure the protection of reproductive rights even being under doctrine of wide margin of appreciation; the focus on determining when life begins; rights of both potential parents should be taking into account the in the decision on the use of embryos.

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