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Contents

Published online by Cambridge University Press:  26 April 2024

Carmen Draghici
Carmen Draghici
Affiliation:
City University London

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Type
Chapter
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Procreative Rights in International Law
Insights from the European Court of Human Rights
 , pp. vii - x
Publisher: Cambridge University Press
Print publication year: 2024
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NC
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/cclicenses/

Contents

  1. Table of International Cases

  2. Table of International Instruments

  3. Introduction

  4. 1Parenthood Aspirations and Justiciable Rights

    1. 1.1Reproductive Technologies, Bioethics and the Rise of New Human Rights Claims

    2. 1.2Reproductive Freedom between Negative and Positive Obligations

      1. 1.2.1Classic Negative Obligations in Relation to Natural Procreative Capacity

      2. 1.2.2Medically Assisted Procreation: Interferences or Lacunae?

  5. 2A Right to a Genetically Related Child?

    1. 2.1The Right to Medically Assisted Procreation and to Control over One’s Genetic Material

      1. 2.1.1Respect for the Decision to Become a Parent and Make Use of ART

      2. 2.1.2Gamete Providers’ Right to Use Their Embryos for Reproductive Purposes

      3. 2.1.3The Right to Decide the Fate of Embryos No Longer Intended for a Pregnancy

    2. 2.2Gamete Donation: Reconciling Genetic Parenthood and Free Choice of Partner

    3. 2.3Posthumous Parenthood: Deferred Procreation and Respect for Privacy beyond Death

      1. 2.3.1Posthumous Conception and Reproductive Testaments

      2. 2.3.2Use of a Deceased Child’s Cryopreserved Gametes to Become a Grandparent

    4. 2.4Recognition of Legal Ties Following Overseas Surrogacy Arrangements: Respect for Biological Parentage

    5. 2.5Concluding Remarks

  6. 3A Right to the Recognition of Intentional Parenthood?

    1. 3.1Parenthood Claims in Third-Party Reproduction

    2. 3.2Protecting Intention-Based (Non-biological) Parenthood in Donor Cases

      1. 3.2.1Issues Raised by Gamete Donation

      2. 3.2.2Issues Raised by Embryo Donation

    3. 3.3Non-biological Commissioning Parents in Surrogacy Arrangements

      1. 3.3.1The Non-biological Parent Married to the Biological Parent: Parasitic Rights

      2. 3.3.2Intentional Parenthood Where Neither Commissioning Parent Is Genetically Related to the Child

    4. 3.4Concluding Remarks

  7. 4A Right to a Healthy Child? From Medical Therapy to Eugenic Selection

    1. 4.1From Healthcare to Autonomy Rights

    2. 4.2Prenatal Diagnosis and Therapeutic Abortion

      1. 4.2.1Substantive Rights: Effective Access to Prenatal Testing

      2. 4.2.2Procedural Rights: Remedies in the Case of Delayed Access and Misdiagnosis

      3. 4.2.3The ‘Expressivist’ Objection: ‘Rights of Others’ and Proportionality

      4. 4.2.4‘Public Morals’ and Self-Determination

    3. 4.3PGD and Screening for Disability

      1. 4.3.1Embryo Selection in Human Rights Litigation

      2. 4.3.2‘Morals’ and Individual Eugenic Pursuits

      3. 4.3.3Genetic Manipulation and the ‘Human Dignity’ Rhetoric

      4. 4.3.4PGD and Disability Rights Concerns

    4. 4.4The Right to a Bespoke Child?

      1. 4.4.1Social Sex Selection through PGD and Prenatal Testing

      2. 4.4.2Tissue Typing and the Creation of ‘Saviour Siblings’

      3. 4.4.3Trait Selection, Genetic Enhancement and Misplaced Equalitarianism

      4. 4.4.4‘Intentional Diminishment’: Future Children’s Welfare as a Limit to Parental Choice

    5. 4.5Concluding Remarks

  8. 5The Quest for Reproductive Equality: The Challenges of Sexual Orientation, Gender and Civil Status

    1. 5.1Reproductive Rights beyond Heteronormativity and Coupledom

    2. 5.2Assisted Conception for Same-Sex Couples

      1. 5.2.1Donor Insemination and the Recognition of the Second Female Parent

      2. 5.2.2The Complex Pathway to Fatherhood in Male Couples: Surrogacy and Ova Donation

    3. 5.3Transgender Parenthood and Children Born through Artificial Insemination

    4. 5.4Single Aspiring Parents: Redefining ‘Reproductively Challenged’ Conditions

    5. 5.5The Different Treatment of Genetic Mothers in Relation to Surrogacy Arrangements

    6. 5.6Concluding Remarks

  9. Conclusions

    1. C.1The Contribution of International Case Law to the Development of Procreative Rights

    2. C.2Obstacles to the Development of Procreative Rights in International Law

    3. C.3The Prospects of Emerging Procreative Rights in International Jurisprudence

  10. Select Bibliography

  11. Index

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  • Contents
  • Carmen Draghici, City University London
  • Book: Procreative Rights in International Law
  • Online publication: 26 April 2024
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  • Contents
  • Carmen Draghici, City University London
  • Book: Procreative Rights in International Law
  • Online publication: 26 April 2024
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Save book to Google Drive

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 Google Drive.

  • Contents
  • Carmen Draghici, City University London
  • Book: Procreative Rights in International Law
  • Online publication: 26 April 2024
Available formats
×