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Conclusions

Published online by Cambridge University Press:  26 April 2024

Carmen Draghici
Affiliation:
City University London
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Summary

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.

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Procreative Rights in International Law
Insights from the European Court of Human Rights
, pp. 290 - 310
Publisher: Cambridge University Press
Print publication year: 2024

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  • Conclusions
  • Carmen Draghici, City University London
  • Book: Procreative Rights in International Law
  • Online publication: 26 April 2024
  • Chapter DOI: https://doi.org/10.1017/9781009443982.009
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  • Conclusions
  • Carmen Draghici, City University London
  • Book: Procreative Rights in International Law
  • Online publication: 26 April 2024
  • Chapter DOI: https://doi.org/10.1017/9781009443982.009
Available formats
×

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.

  • Conclusions
  • Carmen Draghici, City University London
  • Book: Procreative Rights in International Law
  • Online publication: 26 April 2024
  • Chapter DOI: https://doi.org/10.1017/9781009443982.009
Available formats
×