Relevant bibliographies by topics / Reproductive rights – law and legislation

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Academic literature on the topic 'Reproductive rights – law and legislation'

Author: Grafiati
Published: 26 July 2024

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Journal articles on the topic "Reproductive rights – law and legislation"

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Van Niekerk, Carmel. "Assisted Reproductive Technologies and the Right to Reproduce under South African Law." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (May 12, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1305.

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Reproductive rights in South Africa have traditionally focused on the rights of individuals to avoid reproduction. However, with an increase in the use of assisted reproductive technologies (ART), there has been a shift in the focus on reproductive rights from the rights of individuals to avoid reproduction to the rights of individuals to reproduce noncoitally.With the emergence of new technologies, reproduction by noncoital means and the right to engage in these new technologies is becoming more prevalent. This raises two questions. The first question is whether such a right exists. The recent Constitutional Court decision in AB v Minister of Social Development 2017 3 BCLR 267 (CC) suggests that it does, but only if the person claiming this right is physically involved in the reproductive process. Ostensibly this excludes those who cannot contribute to the reproduction of a child.The second question raised pertains to the impact of this right on specific forms of ART, namely mitochondrial transfer, posthumous reproduction and embryo donation. While the first two forms of ART would meet the criteria set down in AB, embryo donation would not. Individuals denied access to embryo donation could thus not rely on either the right to reproductive autonomy or the right to privacy to aid them. Fortunately the existing legal framework provides some assistance to these individuals, although sadly the same legislative framework does not support the use of mitochondrial transfer and posthumous reproduction. In this respect there is incongruence between rights and legislation, which has only been exacerbated by the recent Constitutional Court decision. What is thus needed is clarity on the meaning of certain rights in respect of certain forms of ART as well as legislative reform to reflect the clarified position.
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Zyberaj, Jonada. "Legal Issues of Assisted Reproduction- the Albanian Perspective." European Journal of Social Sciences Education and Research 1, no. 1 (May 1, 2014): 179. http://dx.doi.org/10.26417/ejser.v1i1.p179-184.

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Assisted reproduction was provided in Albania as an alternative way of reproduction by the "Reproductive Health" law of 2002. This law is an attempt to give the possibility of access in new technologies of reproduction as surrogacy, heterologues and homologues artificial reproduction to infertile persons, but since the enter into force of this law no further provisions has been made to regulate the procedures and the consequences coming from its applicability. The issue of assisted reproduction is still a subject of debate and of legislative changes as it is still not completely regulated by law. in this important issue, constitutional rights of different individuals, different interests and family law principles are involved. Ethical, scientific and legal factors are those which should be taken into consideration by the legislator in the attempt to make further legislative provisions. This paper analyses the few provisions on the assisted reproduction in the Albanian legislation. As a concept which implicates many institutions in different fields, the paper aims to give the Albanian perspective on different legal issues related to the topic. The reproductive right as human right and the state liability to ensure it through the health care system should be analyzed according to the Albanian Constitution and the European Court of Human Rights. The consequences of the ART on the family law is another legal issue with which the Albanian legislator has to deal with as the implementation of the techniques on assisted reproduction was not accompanied by the necessary changes in the provisions of family law. The legislations of different European countries which have the best experiences on the field will be put face to face and compared in order to give the best practices.
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Lebedieva, Y. V. "Constitutional and legal provision of a person’s freedom of reproductive choice." Analytical and Comparative Jurisprudence, no. 3 (July 18, 2023): 61–67. http://dx.doi.org/10.24144/2788-6018.2023.03.11.

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The article examines the constitutional and legal regulation of freedom of reproductive choice, as one of the fundamental reproductive rights of a person. It has been established that the formation of one’s own concept of reproductive rights within the framework of the Constitution of Ukraine and industry legislation is significant in connection with the general demographic situation in Ukraine and the development of legal relations that arise when a person exercises their reproductive rights. Attention is focused on the fact that in ensuring the realization of reproductive rights, it is urgent to recognize public organizations as active subjects of political, social and economic life, their right to participate in the formation of policy in the field of reproduction, health care, and family planning. It is noted that the content of freedom of reproductive choice is embodied not only in respect for the reproductive autonomy of a person, but also in effective directions of state regulation. It is emphasized that the legislation of Ukraine on the regulation of legal relations in the reproductive sphere requires improvement in connection with the absence of a law that would regulate the grounds and procedure for the use of reproductive technologies, the principles that should be guided by their application, the specifics of the implementation of state policy in the sphere of population, etc. The authors conclude that the main directions of state regulation in the aspect of ensuring freedom of reproductive choice should be: development and improvement of legislation in the field of health care; development of the reproductive health care system; formation and improvement of legislation in the field of reproductive health; involvement of public organizations in informational and educational activities aimed at solving problems of reproductive health protection; support for families with children; provision of psychological and legal assistance to individuals in exercising their reproductive rights; state support for scientific research in the field of reproductive health; training of personnel in the field of reproductive health protection and protection of the rights of individuals to reproduction in accordance with international standards; formation of a self-conscious attitude towards the birth of a child; support for families with children; ensuring the availability of family planning services and the provision of medical services, including the use of assisted reproduction.
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Maikut, Kh V. "Reproductive rights within the context of regulatory environment and support, legal doctrine and judicial practice of the European Court of Human Rights: certain aspects." Analytical and Comparative Jurisprudence, no. 2 (June 23, 2023): 97–103. http://dx.doi.org/10.24144/2788-6018.2023.02.16.

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The article is dedicated to consideration and assessment of certain problematic aspects of legal regulation of reproductive rights within the legislative framework of Ukraine. It has been noted that the conclusions concerning the understanding of legal nature of reproductive rights should not be seen as general in character, considering that such understanding is in each case determined by specificities of a certain field of law in the light of which the reproductive rights are being subjected to research. Therefore, legal regulation of reproductive rights, as well as specific rules applicable to the exercise and protection of such rights, to a certain extent, is in fact implemented through the rules of civil and family law, as well as through the rules set forth in other areas of law. Reproductive rights, as a complex combination of possibilities and opportunities for an individual that are aimed at securing the reproductive function of a human being, i.e. reproduction of one's own kind, are classified in the Ukrainian civil legislation as personal non-proprietary rights of an individual that provide natural existence of a person. Proceeding from the concepts of positive duties of the State and horizontal effect of human rights, and based on the studies and analysis of the judicial practice of the European Court of Human Rights (hereinafter referred to as the ECtHR), specific attention has been given to the autonomy of the complex category of reproductive rights, which, in its turn and to a certain extent, is related to other personal non-proprietary rights of an individual (such as the right to life, the right to receive medical care, the right to personal privacy, the right to physical security, the right to be treated with dignity and respect, etc.). Based on the analysis of studies by various scientists, it has been established that there is no unified theoretical approach not only to the definition of the term of reproductive rights, but also to the range of rights that may be regarded as such. In considering the content of reproductive rights, one should account for differentiation of such rights in general terms within the following range of legal rights: the right to reproductive choice; the right to reproductive health; the right to be informed of reproductive rights; the right to secrecy in exercise and protection of reproductive rights; the right to protection of reproductive rights. It has been substantiated that reproductive rights are implemented in practice, certain elements of reproductive rights have been legally consolidated, which indicates not only the formation and development, but also actual functioning of reproductive rights. At the same time, the existing national legal regulations are not consistent with the actual state of affairs observed in the reproductive area. Therefore, legal relations in the field of reproductive rights of individuals require adequate and proper standardisation. The ECtHR plays a major role in shaping the approach to legal regulation of reproductive rights due to its extensive judicial practice in resolution of disputes regarding the protection of reproductive rights.
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Piñero, Verónica B. "Canadian International Human Rights Obligations in the Context of Assisted Human Reproduction." Canadian Yearbook of international Law/Annuaire canadien de droit international 46 (2009): 193–240. http://dx.doi.org/10.1017/s0069005800009577.

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SummaryIn Canada, as in most countries, assisted human reproduction has become accessible treatment for individuals who wish to conceive. Scientific advancements in the area of human reproduction have led to the enactment of legislation that attempts to regulate this novel field. The Canadian Assisted Human Reproduction Act (2004) identifies the health and wellbeing of children born through reproductive technologies as a paramount principle in all decisions respecting their use. On the other hand, and surprisingly, the statute restricts access by offspring to information that can lead to identification of their genitors. The disclosure of donors’ identity to the recipients of reproductive materials is quite limited. According to this article, this legislation is in violation of international human rights law on health, identity, and family relations to which Canada is a party. The first part of the article explores international human rights law on identity, health, and family relations rights that Canada has signed, ratified, or acceded to. The second part discusses whether the Canadian legal system is in line with the relevant international human rights obligations identified earlier and asserts that there is scope for judicially interpreting Canadian law in such a way that would conform to those obligations.
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Volkova, Yulia F. "REPRODUCTIVE RIGHTS IN THE FOURTH GENERATION HUMAN RIGHTS SYSTEM." Bulletin of Alfred Nobel University Series "Law" 1, no. 8 (July 3, 2024): 39–48. http://dx.doi.org/10.32342/2709-6408-2024-1-8-4.

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The article is devoted to the study of human reproductive rights in the system of rights of the fourth generation, the formation of which is connected with scientific progress in the development of medicine and informatics. It is established that modern studies of the human right to reproduction (reproduction) are mostly considered through the prism of such broader concepts as "reproductive rights", "somatic rights", "biological rights". It was determined that in the structure of human somatic rights, as the rights of the new fourth generation, a significant group is occupied by reproductive rights related to human reproduction of future generations. It is emphasized that the main function of a person is the reproductive function, which is based on the natural desire to have a child. Attention is focused on the fact that one of the problems at present can be called the inability of people of reproductive age to conceive and give birth to a child naturally. Today, men and women have this opportunity thanks to the use of assisted reproductive technologies that arose with the development of biomedicine, which includes methods of artificial influence on reproduction, treatment of people from diseases that prevent the body from bearing and giving birth to a healthy child. The work established that one of the most important principles of reproductive rights is the principle of human freedom in choosing the method of exercising the right to reproduction. International and national legislation is based on the fact that every person has the right to voluntarily and freely make decisions about the birth of children, their number and intervals between births, using assisted reproductive technologies: termination of pregnancy, sterilization, use of contraceptives, methods of artificial insemination, etc. It was revealed that the state of implementation of assisted reproductive technologies in Ukraine today is characterized by a special need of the population. The analysis of regulatory and legal documents of Ukraine, international treaties on the protection of human reproductive health, in particular the treatment of infertility with the help of programs of auxiliary reproductive technologies, was carried out. It was established that the legal framework is outdated, that is, it does not correspond to the modern, innovative scientific realities of modern Ukrainian society, and is mostly permissive in nature. It is considered expedient to initiate the development and adoption of a special law in the Verkhovna Rada of Ukraine, which would clearly define the concept of "reproductive rights", establish the scope of these rights, and establish the obligations and responsibilities of subjects for violations of reproductive rights.
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Cherneha, Vitalii, Iryna Hrytsai, Tetiana Tarasevych, Viktor Savchenko, and Hanna Krushelnytska. "Rights of a child born through the use of assisted reproductive technologies in the EU countries and Ukraine." Revista Amazonia Investiga 11, no. 53 (July 4, 2021): 101–10. http://dx.doi.org/10.34069/ai/2022.53.05.10.

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This article aims to identify the features of the European Union and Ukraine legislation on the rights of children born through reproductive technologies and the practice of its application. To achieve this goal, first of all, an analysis of an array of sources in the field of the rights of children born with the help of reproductive technologies was carried out. The paper compares the legislation and practice of the European Union and Ukraine regarding the rights of children born with the use of reproductive technologies, which was achieved through comparative law. The historical-legal method has made it possible to outline the changes that have taken place in the approaches to the rights of children born with the help of reproductive technologies in countries whose legislation and practice have been specially studied. The synthesis method was applied, which helped to form a comprehensive vision of the rights of children born with the help of reproductive technologies in the European Union and Ukraine countries. The direction of research on ensuring and guaranteeing the right to life of children born with the help of reproductive technologies is promising.
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Van Hoof, Wannes, and Guido Pennings. "Extraterritorial Laws for Cross-Border Reproductive Care: The Issue of Legal Diversity." European Journal of Health Law 19, no. 2 (2012): 187–200. http://dx.doi.org/10.1163/157180912x628226.

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Abstract Certain states impose restrictions on assisted reproduction because they believe such acts to be morally wrong. However, people who live in a state with restrictive legislation always have the option of going abroad to evade that law. Turkey and several states in Australia have enacted extraterritorial laws to stop forms of reproductive travelling for law evasion. Within the EU, the European Convention of Human Rights would normally remove the need for extraterritorial laws. However, because of the wide margin of appreciation allowed by the European Court of Human Rights, legal diversity on these matters persists. In the case of S.H. and Others v. Austria, moral justification, consistency and proportionality were introduced by the First Section to rule on Member States’ legislation on medically assisted reproduction. The First Section mostly ruled on the effectiveness of the law, while the focus should be on the validity of the normative aim. The Grand Chamber reversed this judgement based on the margin of appreciation doctrine, using it as a pragmatic substitute for a substantial decision. In general, the EU’s interests of harmonization and unification are at odds with the right to national identity of individual states in areas of contested morality.
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Kruchinina, N. V. "Legal Responsibility for Abuses and Crimes in the Field of Artificial Human Reproduction." Lex Russica, no. 6 (July 1, 2019): 48–52. http://dx.doi.org/10.17803/1729-5920.2019.151.6.048-052.

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The article analyzes different points of view concerning reproductive human rights. Every year the number of cases when assisted reproductive technologies are used is increasing in Russia. The author draws attention to the lack of a common understanding of reproductive human rights, their protection and regulation in different countries of the world, to different perceptions of legal responsibility for abuses in the field of artificial reproduction of human beings, and to the existence of different definitions of crime in the field of human reproduction.The article presents an overview of foreign legislation on criminal law protection of human reproductive functions. The study of criminal and civil cases and examination of scientific developments in this area compels the author to admit the existence of abuses and crimes in the field of artificial reproduction of human beings. The article attempts to determine the list of crimes against reproductive human rights and considers them as an object of forensic research.
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Chen, Lingling. "On the Protection of Reproductive Embryos in Vitro by the Personality Rights Law." International Journal of Education and Humanities 8, no. 1 (April 5, 2023): 112–16. http://dx.doi.org/10.54097/ijeh.v8i1.7078.

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Reproductive embryos in vitro are formed by infertile couples for the purpose of breeding children. It has the potential to develop into life and carries the personality interests and spiritual values of donor couples. At present, there are many judicial disputes related to reproductive embryos in vitro, but legislation has not clearly stipulated the right attribute and protection path of them, resulting in different court decisions. Based on this, considering that the reproductive embryo in vitro does not have life consciousness before being implanted into the mother, but includes the life, health and general personality rights of the donor couple, it is appropriate to identify it as a special object of rights with personality attributes greater than the attributes of 0bject - "personality object", which should be included in the protection category of the personality right law and be specially stipulated. The rights enjoyed by the donor couple on the reproductive embryos in vitro belong to the personality rights and interests. When the personality rights and interests are violated, they can not only request protection according to the general provisions for the protection of personality rights, but also claim compensation for mental damage according to the specific things infringing personality, so as to realize the direct protection of the donor couple and the indirect protection of the embryo.
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Dissertations / Theses on the topic "Reproductive rights – law and legislation"

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Yelverton, Brittany. "The representation of women's reproductive rights in the American feminist blogosphere: an analysis of the debate around women's reproductive rights and abortion legislation in response to the reformation of the United States health care system in 2009/10." Thesis, Rhodes University, 2010. http://hdl.handle.net/10962/d1002949.

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This study investigates the representation of women's reproductive rights in the feminist blogopshere during 2009/10 United States health care reform. Focusing on two purposively selected feminist blogsites - Feministing and Jezebel- it critically examines the discursive and rhetorical strategies employed by feminist bloggers to contest the erosion of women's reproductive rights as proposed in health care reform legislation. While the reformation of the U.S. health care system was a lengthy process, my analysis is confined to feminist blog posts published in November 2009, December 2009 and March 2010. These three months have been designated as they are roughly representative of three pivotal stages in health care reform: the drafting of the House of Representatives health care reform bill and Stupak Amendment in November 2009, the creation of the Senate health care bill inclusive of the Nelson compromise in December 2009, and the passage of the finalised health care reform bill, the Patient Protection and Affordable Care Act and supplementary executive order, in March 2010. This study is informed by feminist poststructuralist theory and Foucault's conceptions of discourse and power - an appropriate framework for identifying and analysing the unequal power relations that exist between men and women in patriarchal societies. Foucault conceives of discourse as both socially constituted and constitutive and contends that through the constitution of knowledge, discourses designate acceptable ways of talking, writing, and behaving, while simultaneously restricting and prohibiting alternatives, thereby granting power and authority to specific discourses. However, Foucault also stresses the multi-directionality of power and asserts that though hegemonic discourses are privileged over others, power lays in discursive practice at all social sites; hence the socially and politically transformative power of contesting discourses. Critical discourse analysis is informed by this critical theory of language and regards the use of language as a form of social practice located within its specific historical context. Therefore, it is through engaging in the struggle over meaning and producing different 'truths' through the reappropriation of language that the possibility of social change exists. Employing narrative, linguistic and rhetorical analysis, this study identifies the discursive strategies and tactics utilised by feminist bloggers to combat and contest anti-choice health care legislation. The study further seeks to determine how arguments supportive of women's reproductive rights are framed and how feminist discourses are privileged while patriarchal discourse is contested. Drawing on public sphere theory, I argue that the feminist blogosphere constitutes a counter-public which facili tates the articulation and circulation of marginalised and counter-discourses. I conclude this study by examining the feminist blogopshere's role in promoting political change and transformation through alternative representations of women and their reproductive rights.
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Sullivan, Camille. "Two's legal but three's a crowd : law, morality and three-parent embryos: regulation of mitochondrial replacement therapy." Thesis, Canberra, ACT : The Australian National University, 2013. http://hdl.handle.net/1885/109247.

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Kam, Ka Man. "Reproduction rights in digital environment and copyrights protection : legal issues and challenges." Thesis, University of Macau, 2011. http://umaclib3.umac.mo/record=b2580191.

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Matsheta, R. M. "Prospects of limiting the right to reproductive health in South Africa : a human wellbeing and socio-economic view." Thesis, University of Limpopo, 2019. http://hdl.handle.net/10386/2915.

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Thesis (M. Law. (Development and Management)) --University of Limpopo, 2019
Like many other countries, South Africa has its own socio-economic challenges. For the past two decades, the country has been experiencing rapid population growth, yet in the same period, there has been a pervasive decline in social and economic stability, and in the end, stagnant human wellbeing. This has been as a result of diminishing access to basic services such as health care, quality housing, quality education and safe clean drinking water. Among other factors, unregulated and rapid population growth contribute to these socio-economic challenges. This study seeks to illustrate that overpopulation undermines and threatens social development, societal stability and survival of humanity. Therefore, the examines the possibility of enacting a legislation or policy that will regulate or limit procreation or the right to give birth. It also reflects on the Chinese experience to obtain some lessons from China’s One-Child Policy. It is submitted that South Africa must draft its own policy or legislation that will regulate population growth with the primary objective of aligning population with available state resources. Keywords: overpopulation, right to reproductive health, socio-economic rights, human wellbeing, social transformation.
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Swanepoel, Magdaleen. "Embryonic stem cell research and cloning a proposed legislative framework in context of legal status and personhood /." Diss., Pretoria : [s.n.], 2006. http://upetd.up.ac.za/thesis/available/etd-07312007-150150/.

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Clayton, Thompson J. "Law, rights and reproduction : reproductive autonomy in ethical rationalism." Thesis, University of Westminster, 2016. https://westminsterresearch.westminster.ac.uk/item/9y598/law-rights-and-reproduction-reproductive-autonomy-in-ethical-rationalism.

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As medical technology has advanced, so too have our attitudes towards the level of control we can expect to hold over our procreative capacities. This creates a multi-dimensional problem for the law in terms of access to services which prevent conception, access to services which terminate a pregnancy and recompensing those whose choices to avoid procreating are frustrated. These developments go to the heart of our perception of autonomy. In order to evaluate these three issues in relation to reproductive autonomy, I set out to investigate how the Gewirthian theory of ethical rationalism can be used to understanding the intersection between law, rights, and autonomy. As such, I assert that it is because of agents’ ability to engage in practical reason that the concept of legal enterprise should be grounded in rationality. Therefore, any attempt to understand notions of autonomy must be based on the categorical imperative derived from the Principle of Generic Consistency (PGC). As a result, I claim that (a) a theory of legal rights must be framed around the indirect application of the PGC and (b) a model of autonomy must account for the limitations drawn by the rational exercise of reason. This requires support for institutional policies which genuinely uphold the rights of agents. In so doing, a greater level of respect for and protection of reproductive autonomy is possible. This exhibits the full conceptual metamorphosis of the PGC from a rational moral principle, through an ethical collective principle, a constitutional principle of legal reason, a basis for rights discourse, and to a model of autonomy. Consequently, the law must be reformed to reflect the rights of agents in these situations and develop an approach which demonstrates a meaningful respect of autonomy. I suggest that this requires rights of access to services, rights to reparation and duties on the State to empower productive agency.
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Coxon, Benedict Francis. "Interpretive provisions in human rights legislation : a comparative analysis." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:d0a5ddca-9293-4204-b22b-417cdf829464.

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This thesis considers interpretive provisions in human rights legislation in the United Kingdom (UK), New Zealand and two Australian jurisdictions: the Australian Capital Territory and the State of Victoria. It deals with the relationship between certain common law interpretive principles which protect human rights and the rules under the interpretive provisions. It also considers what effect the interpretive provisions have on the overall approach to statutory interpretation, particularly in terms of their impact on the roles of intention and purpose. One of the themes of the thesis is that it is possible to identify a common methodology for the application of the various interpretive provisions. This is facilitated by an emphasis on the concept of purpose, which is flexible and capable of being identified and applied at higher levels of abstraction than the concept of intention as commonly applied by the courts. Despite this common methodology, the results of attempts at legislative rights-consistent interpretation in the relevant jurisdictions differ. We shall see that the UK courts have taken a broader interpretive approach than have their New Zealand and Australian counterparts. This will be explained by reference to the respective contexts of the human rights legislation in each jurisdiction, particularly in terms of legislative history. It will be argued that the purpose of the UK legislation to provide remedies in domestic courts for breaches of the European Convention on Human Rights provides the basis for the UK courts’ approach. The absence of this factor is the primary point of distinction between the UK on the one hand, and New Zealand and Australia on the other, though other issues will be explored. Finally, while as a matter of the interpretation of the UK legislation, and especially of the relevant interpretive provision, the approach of the UK courts is defensible, the significant risk to the principle of legal certainty which it poses will be highlighted.
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Bartlik, Martin. "The distribution of air traffic rights /." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82653.

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The following thesis deals with the distribution of air traffic rights. Particular reference is made to the situation in the European Union and the changes that might occur in the aftermath of the "open-skies" decision of the European Court of Justice in November 2002.
One major part of the thesis generally analyses different means of distributing limited public right, in order to determine an appropriate method for the allocation of air traffic rights. After a comparison with the telecommunication sector, it is concluded that the most appropriate approach is to conduct a Beauty Contest in the form of a Documentary Hearing. It is suggested that airlines submit their proposals and the regulatory agencies make their choice based on certain criteria.
Subsequently, a glance is taken at the methods for allocating air traffic rights that are currently applied in several countries. It can be seen that all these countries have chosen the same approach, a Beauty Contest, and that they all are facing the same difficulties, which are inconsistency and ambiguity of the distribution procedure.
Furthermore, a short evaluation, whether the General Agreement on Trade in Services has an impact on the allocation of air traffic rights, is undertaken. However, this is denied.
Based on the previous results an own proposal is presented, how air traffic rights could be distributed in a Beauty Contest, while avoiding most of the difficulties encountered by other countries. This proposal concentrates on the situation in the European Union, but could be also applied in other countries.
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Peszle, T. L. (Theresa L. ). "Language rights in Québec education : sources of law." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26751.

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This study first provides general background on the public education system of Quebec, and the Canadian and Quebec legal systems. Legal background information includes: the classification of Canadian laws; the Common Law and Civil Law traditions of law, and the definitions of sources of law of each tradition; Quebec's bijurisdictional legal system; the court system of Quebec; Constitutional sources of law; and, the role of the Judiciary in Canadian education.
This thesis is a documentary study of the sources of law which establish language of instruction rights in Quebec. Its purpose is to assist educators, students of education, and other lay persons of law to gain understanding of the legal bases upon which the Judiciary formulate decisions in matters of language of instruction. Common Law and Civil Law legislative and case law sources, which are applicable to Quebec, are identified and examined, and relevant sources presented.
In addition to providing a summary for Common Law sources, and for Civil Law sources, a chronological summary is given, which reveals six main periods in the development of language of instruction provisions in Quebec.
The conclusion is that the primary sources of law for language of instruction in Quebec are: s. 93 of the Constitution Act, 1867, and case law thereunder; and, the judicial interpretation and provisions of s. 23 of the Constitution Act, 1982. Future case law in Quebec may reveal s. 23 of the Canadian Charter of Rights and Freedoms, 1982 to be the most significant source of law for the preservation of minority English language instruction, institutions, and rights of management and control.
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Chandler, Meagan Genevieve Edwards. "Constructing Polish Exceptionalism: Gender and Reproductive Rights in Poland." The Ohio State University, 2014. http://rave.ohiolink.edu/etdc/view?acc_num=osu1397655426.

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Books on the topic "Reproductive rights – law and legislation"

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1964-, Dudley William, ed. Reproductive rights. San Diego, Calif: Greenhaven Press, 2006.

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Nancy, Ehrenreich, ed. The reproductive rights reader. New York: New York University Press, 2007.

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Rastogi, Anubha. Claiming dignity: Reproductive rights & the law. New Delhi: Human Rights Law Network, 2009.

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Human Rights Law Network (New Delhi, India), ed. Claiming dignity: Reproductive rights & the law. New Delhi: Human Rights Law Network, 2009.

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Rastogi, Anubha. Claiming dignity: Reproductive rights & the law. New Delhi: Human Rights Law Network, 2009.

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Rastogi, Anubha. Claiming dignity: Reproductive rights & the law. New Delhi: Human Rights Law Network, 2009.

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Ezeilo, Joy. Law, reproductive health & human rights. [Nigeria]: Women Aid Collective (WACOL) & Legal Resource Research & Development Centre (LRRDC), 2006.

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Artificial reproduction and reproductive rights. Aldershot, Hants, England: Dartmouth, 1991.

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Nwankwo, Obiageli. Reproductive health & rights in Nigeria. Enugu, Nigeria: Civil Resource Development and Documentation Centre (CIRDDOC) Nigeria, 2002.

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Nwankwo, Obiageli. Reproductive health & rights in Nigeria. 2nd ed. Enugu, Nigeria: Civil Resouce Development and Documentation Center (CIRDDC) Nigeria, 2007.

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Book chapters on the topic "Reproductive rights – law and legislation"

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Selberg, Rebecca, and Marta Kolankiewicz. "Rights Claims in Anti-abortion Campaigns in Poland and Sweden." In Struggles for Reproductive Justice in the Era of Anti-Genderism and Religious Fundamentalism, 155–76. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-31260-1_7.

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AbstractThis chapter presents two case analyses, one situated in Sweden and the other in Poland, where attempts have been made to intervene in the existing laws regulating access to abortion. The first case involves the lawsuits filed by midwives in Sweden who claimed to have been discriminated against on the grounds of their religion when they had been turned down for work due to their objection to performing abortion as part of the job description. The second is that of a Polish civic legislative initiative aimed at restricting the prevailing abortion legislation in Poland in cases of foetal anomalies. We explore the rights claims deployed in these anti-abortion campaigns with an aim to contribute to the growing feminist scholarship on rhetorical devices and mobilisation tactics employed in the struggles over access to abortion. The two cases illustrate how anti-abortion mobilisations have been using rights claims that traditionally had been employed by feminist movements fighting for access to abortion. While it can be observed that this trend is part of a broader development of what has been described as a transnational anti-gender movement’s appeal to the law, our analyses illustrate different and context-sensitive ways in which rights claims are articulated.
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Rebouché, Rachel. "Reproductive rights." In Routledge Handbook of International Family Law, 209–24. Abingdon, Oxon [UK] ; New York, NY : Routledge, 2019.: Routledge, 2019. http://dx.doi.org/10.4324/9781315613079-14.

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Walker, Lenore E. A., and David L. Shapiro. "Reproductive Rights and the Law." In Introduction to Forensic Psychology, 257–76. Boston, MA: Springer US, 2003. http://dx.doi.org/10.1007/978-1-4757-3795-0_14.

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Falletti, Elena. "Reproductive Rights in Italy." In Ius Gentium: Comparative Perspectives on Law and Justice, 193–209. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-78475-1_11.

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Xinbao, Zhang. "Legislation of Personality Rights in China." In Chinese Law of Personality Rights I, 44–52. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003300168-3.

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Quattrocolo, Serena. "The Right to Information in EU Legislation." In Human Rights in European Criminal Law, 81–93. Cham: Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-12042-3_5.

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Nanda, Bijayalaxmi. "Sex-selective Abortion and Reproductive Rights." In Routledge Readings on Law, Development and Legal Pluralism, 197–231. London: Routledge India, 2022. http://dx.doi.org/10.4324/9781003299561-10.

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Jiayou, Shi. "The Last Opportunity for the Improvement of Personality Right Legislation." In Chinese Law of Personality Rights II, 179–87. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003320401-7.

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Beninger, Christina. "Reproductive Rights, UN Sustainable Development Goals and International Human Rights Law." In Encyclopedia of the UN Sustainable Development Goals, 1–12. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-319-70060-1_48-1.

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Beninger, Christina. "Reproductive Rights, UN Sustainable Development Goals and International Human Rights Law." In Encyclopedia of the UN Sustainable Development Goals, 1013–25. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-319-95687-9_48.

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Conference papers on the topic "Reproductive rights – law and legislation"

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Vlašković, Veljko. "ŽENA KOJA ŽIVI SAMA KAO KORISNICA USLUGA BIOMEDICINSKI POTPOMOGNUTE OPLODNjE." In XV Majsko savetovanje: Sloboda pružanja usluga i pravna sigurnost. University of Kragujevac, Faculty of Law, 2019. http://dx.doi.org/10.46793/xvmajsko.651v.

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One of significant legal innovations brought by the new domestic Law on Medically Assisted Reproduction involves widening the concept of reproductive autonomy in case of single woman as a user of medically assisted reproduction services. Thus, the new Serbian legislation in this field adopts quite liberal approach which largely relieves single woman to engage in medically assisted reproduction procedure. Firstly, the right of a single woman to access the medically assisted reproduction is not formulated as an exemption from the rule that such right belongs primarily to marriage couples and cohabitants. In this way, medically assisted reproduction is permitted under same conditions to single woman as for the spouses and cohabitants. Even more, new Serbian legislation in this field has abolished the principle of medically necessity in case of a single woman as a user of medically assisted reproduction. Thus, she has been given even bigger reproductive autonomy in domain of medically assisted reproduction comparing to those of marriage couples or cohabitants. Such unchecked and overwhelming reproductive autonomy significantly impairs the balance among the interests of participants in medically assisted reproduction procedures endangering the public interests, as well as the best interests of the prospective child.
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Mladenović, Tamara. "FUNDAMENTAL LEGAL ASPECTS OF THE PRENATAL GENETIC DIAGNOSIS." In International scientific conference challenges and open issues of service law. Vol. 1. University of Kragujevac, Faculty of law, 2024. http://dx.doi.org/10.46793/xxmajsko1.395m.

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he field of genetic services within the legal system of the Republic of Serbia was initially regulated in 2015 with the enactment of the Law on Prevention and Diagnosis of Genetic Diseases, Genetically Conditioned Anomalies, and Rare Diseases. This law, commonly known as “Zoja’s Law”, was prompted by the advocacy of parents whose daughter suffered from a rare disease and was denied access to healthcare due to the inability to obtain a diagnosis in Serbia. As a result, the law was introduced to the public with significant attention and is recognized as one of the most modern legal frameworks in Europe concerning the establishment of rights, duties, and responsibilities for participants in medical procedures related to the prevention and diagnosis of genetics diseases, genetically conditioned anomalies, and rare diseases.This law covers several broader areas in the context of genetic testing aimed at establishing a diagnosis, including predictive, prenatal, and postnatal diagnostics. This paper focuses on the analysis of prenatal diagnosis - the genetic testing of embryos or fetuses. In addition to examining the provisions of domestic legislation, special attention will be given to analyzing the European Court of Human Rights (ECtHR) practice regarding member states’ provision of access to these services for individuals. This analysis entails assessing the compatibility of Serbia’s legal framework with European human rights standards, particularly concerning the right to health and reproductive rights. Key issues explored include access to information, consent, privacy, and the balancing of individual rights with societal interests.
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Nagy, Zsófia. "Comparison of Surrogacy laws of Austria, Slovakia and Ukraine." In Naděje právní vědy 2022. University of West Bohemia, Czech Republic, 2023. http://dx.doi.org/10.24132/zcu.nadeje.2022.421-431.

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Assisted reproductive technology has introduced a large scope of medical solutions for infertile couples to found a family, however surrogacy seems to be the most debated, as it triggers many ethical and legal questions. The multicolor of legal reactions to this sensitive issue can be represented through the legislation of the three countries in the Central European region, despite the decision making ot the ECtHR and the continuously ongoing europeanization and unification of law in Europe. However, in this regard, the domestic legislation enjoys prime attention and significance, because the ECtHR approaches these cases with a relatively ,,open-mind“ by giving the member state a large margin of appreciation in their legislation of delicate topics. This carefulness of the ECtHR was represented in case of Austria, where it highlighted the importance of free discretion of the country to decide whether to constrain surrogacy or not. Austria with this validation could maintain its prohibitive legislation towards surrogacy, but could also permit certain assisted reproductive techniques. From the Slovak domestic legislation we can demonstrate how certain countries can take the path of the complete non-regulation of surrogacy methods. The lack of detailed regulation on ART, the implicit ,,ban“ on surrogacy arrangements, and the determination of motherhood on gestational basis all reflect and contribute to the conservative approach Slovakia generally demonstartes in the field of reproductive and sexual rights. One prime example of permitting legislation on surrogacy comes from Ukraine, where even commercial surrogacy has been acceptable since the 1990s. There, the domestic legislation tries to protect all the three subjects of the surrogacy arrangement, also lessens the complications when issuing the birth certificate of the child. Despite the complex legislation of ART, some key features and concepts are not taken into consideration in these laws, which may endanger the legal certainty of the parties. By examining all the three legal approaches (prohibition, permission, non-regulation) a state can chose in regulating surrogacy through the examples of Austria, Slovakia and Ukraine, we can conclude that neither of them may seem satisfactory. The lack of an European standard in this regard may cause serious inadequacies, on the other hand one shall respect the ethical and moral reasoning of the state when drafting a regulation on such a delicate issue. However, this free attitude may not be maintainable in the future, especially with the strong emergence of international surrogacy cases.
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Belyaeva, Elena. "REPRODUCTIVE HUMAN RIGHTS." In SGEM 2014 Scientific SubConference on POLITICAL SCIENCES, LAW, FINANCE, ECONOMICS AND TOURISM. Stef92 Technology, 2014. http://dx.doi.org/10.5593/sgemsocial2014/b21/s5.102.

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Nikitin, Aleksey, and Damir Ahmedov. "FORMATION OF RUSSIAN LEGISLATION ON FREEDOM OF CONSCIENCE AND RELIGION." In Law and law: problems of theory and practice. ru: Publishing Center RIOR, 2020. http://dx.doi.org/10.29039/02033-3/055-057.

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This article deals with ensuring the development of the legal framework of public relations in the sphere of freedom of conscience and religion, creating and modernizing means of protecting human and civil rights and freedoms.
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Kadriah, Kadriah, Teuku Saiful, and Muhammad Naufal Hidayat. "Interreligous Marriage According to Indonesian Legislation." In 1st International Conference on Law and Human Rights 2020 (ICLHR 2020). Paris, France: Atlantis Press, 2021. http://dx.doi.org/10.2991/assehr.k.210506.060.

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Kornilova, N. V. "ABOUT THE REFORM OF THE REAL LAW." In Problems and mechanisms of implementation of national priorities of socio-economic development of Russia. Khabarovsk State University of Economics and Law, 2020. http://dx.doi.org/10.38161/978-5-7823-0740-0-2020-252-256.

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The article examines the results of reforming the legislation on property rights. The main changes to be implemented upon completion of the civil legislation reform have been systematized; positive aspects were noted that will help streamline civil circulation
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Шадрина, Наталья Максимовна. "DIGITAL RIGHTS AS AN OBJECT OF CIVIL LAW." In Образование. Культура. Общество: сборник избранных статей по материалам Международной научной конференции (Санкт-Петербург, Декабрь 2020). Crossref, 2021. http://dx.doi.org/10.37539/ecs294.2020.10.95.005.

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В статье рассматривается понятие «цифровое право». Определяется его специфика, сущность и значение в современном законодательстве с учётом объективно изменяющихся реалий настоящего времени. Аргументируется необходимость правовой регламентации наиболее проблемных вопросов относящихся к цифровым правам как объектам гражданского права. In this article the notion of “digital right” is regarded. Taking into account the changing reality, the specification, nature and meaning of the digital right in the actual legislation is defined. The argumentation of the necessity for the legal regulation of the most polemic questions concerning digital rights as objects of civil law is provided.
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Tischenko, Irina, and Natal'ya Durneva. "PROBLEMS OF RECOGNITION OF A CITIZEN DIED IN CIRCUMSTANCES GIVING A BASIS TO ASSUME ITS DESTRUCTION." In Law and law: problems of theory and practice. ru: Publishing Center RIOR, 2020. http://dx.doi.org/10.29039/02033-3/153-158.

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This article discusses the legal consequences of recognizing a citizen as dead, lists the circumstances under which a person may be presumed dead, assesses current legislation in this area. The issues of improving civil legislation in the field of recognition of a person as deceased are raised. The article indicates the period during which a person may be presumed dead under circumstances giving reason to believe his death. The necessity of taking measures aimed at expanding the rights of a person declared dead under circumstances giving reason to believe that he was killed in the event of his appearance or finding a place of residence is emphasized.
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Wijaya. "Democratization and Human Rights in Indonesia in the Globalization Era (Legislation Study)." In International Conference on Law, Economics and Health (ICLEH 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200513.088.

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Reports on the topic "Reproductive rights – law and legislation"

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Khanna, Renu, Aditi Iyer, Zaida Orth, and Michelle de Jong. What Works? Integrating gender into Government Health programmes in Africa, South Asia, and Southeast Asia. Case study summary report: Right to Abortion in Nepal. United Nations University - International Institute for Global Health, 2023. http://dx.doi.org/10.37941/rr/2023/5.

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This case study focuses on the legislative reforms for safe abortion in Nepal. It was selected as a promising case as it offers valuable insights into the factors and forces that drove a country to affirm gender equality and reproductive rights, especially the right to safe abortion, during a radical political transition. Based on analyses of in-depth interviews and a review of published materials, the case study identifies the actors and contextual factors that enabled legalisation of abortion in Nepal, the mechanisms supporting and sustaining change, as well as continuing challenges to implementation of the law.
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Olson, Hannah, Madeleine Haas, and Megan L. Kavanaugh. State-Level Contraceptive Use and Preferences: Estimates from the US 2022 Behavioral Risk Factor Surveillance System. Guttmacher Institute, March 2024. http://dx.doi.org/10.1363/2024.300488.

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Contraception plays a key role in people’s realization of their sexual and reproductive health and well-being. The factors that shape contraceptive behaviors are complex and dynamic, and there is growing recognition among reproductive health service providers and advocates that contraceptive service delivery must prioritize patients’ values and preferences to help them exercise their reproductive autonomy.1 Similarly, research and public health surveillance systems that measure not only contraceptive use and method selection but also contraceptive preferences are best suited to evaluate service quality and track progress toward meeting the needs of reproductive-aged people. Building on findings from two previous Guttmacher Institute reports describing Behavioral Risk Factor Surveillance System (BRFSS) data on contraceptive use in 20172 and 2019,3 this report uses data from the 2022 BRFSS to provide an expanded set of state-level estimates of contraceptive use and preferences. In 2022, scientists at Guttmacher collaborated with the Centers for Disease Control and Prevention (CDC) to modify existing questions and include additional questions in the BRFSS family planning module. The resulting data set allows analysis not only of people’s primary contraceptive method use but also of multiple method use, overall contraceptive preferences and method-specific contraceptive preferences. Data collection for the 2022 BRFSS occurred during a pivotal time for reproductive health and rights due to the US Supreme Court’s June 2022 ruling in Dobbs v. Jackson Women’s Health Organization, which overturned the federal right to abortion. A wave of restrictive state laws and policies have followed, and as legislation concerning sexual and reproductive health care becomes increasingly politicized, state-level policies are key determinants of the quality and accessibility of contraceptive care.4 In this environment, state-level data, especially on person-centered measures of contraceptive preferences, are of paramount importance in understanding how shifts in reproductive health policy and service delivery are felt in the population. This report finds that contraceptive use is high across all reporting jurisdictions, but there is considerable variation in whether people are realizing preferences for which contraceptives they use or whether to use at all. People who report having used a method that requires some interaction with a provider, for example, are more likely than people using exclusively provider-independent or over-the-counter methods to report their current method as their preferred method of contraception. Throughout this report, we will explore how patterns of contraceptive use and preferences vary by type of method or combination of methods and jurisdiction. Given the elevated barriers to contraception that young people have historically experienced,5,6 we also highlight differences between two age-groups (18–24 and 25–49) where possible.*
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Lakdawala, Leah K., Diana Martínez Heredia, and Diego A. Vera-Cossio. The Impact of Expanding Worker Rights to Informal Workers Evidence from Child Labor Legislation. Inter-American Development Bank, January 2023. http://dx.doi.org/10.18235/0004689.

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We study the effects of a Bolivian law that introduced benefits and protections for child workers (who are overwhelmingly informal workers) and lowered the de facto legal working age from 14 to 10. We employ a difference-in-discontinuity approach that exploits the variation in the laws application to different age groups. Work decreased for children under 14, whose work was newly legalized and regulated under the law, particularly in areas with a higher threat of inspections. The effects appear to be driven by a reduction in the most visible forms of child work, suggesting that firms may have reduced employment of young children to minimize the risk of being inspected. In contrast, we nd that more formal channels of adjustments - such as increased costs of hiring due to the costs of complying with the new law - are unlikely to explain the overall decline in the work of young children.
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Eastman, Brittany. Legal Issues Facing Automated Vehicles, Facial Recognition, and Privacy Rights. SAE International, July 2022. http://dx.doi.org/10.4271/epr2022016.

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Facial recognition software (FRS) is a form of biometric security that detects a face, analyzes it, converts it to data, and then matches it with images in a database. This technology is currently being used in vehicles for safety and convenience features, such as detecting driver fatigue, ensuring ride share drivers are wearing a face covering, or unlocking the vehicle. Public transportation hubs can also use FRS to identify missing persons, intercept domestic terrorism, deter theft, and achieve other security initiatives. However, biometric data is sensitive and there are numerous remaining questions about how to implement and regulate FRS in a way that maximizes its safety and security potential while simultaneously ensuring individual’s right to privacy, data security, and technology-based equality. Legal Issues Facing Automated Vehicles, Facial Recognition, and Individual Rights seeks to highlight the benefits of using FRS in public and private transportation technology and addresses some of the legitimate concerns regarding its use by private corporations and government entities, including law enforcement, in public transportation hubs and traffic stops. Constitutional questions, including First, Forth, and Ninth Amendment issues, also remain unanswered. FRS is now a permanent part of transportation technology and society; with meaningful legislation and conscious engineering, it can make future transportation safer and more convenient.
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Shah, Payal, Jayna Kothari, and Brototi Dutta. Ending Impunity for Child Marriage in India: Normative and Implemantation Gaps. Center for Reproductive Rights (CRR) & Centre for Law and Policy Research (CLPR), February 2018. http://dx.doi.org/10.54999/xkwa1332.

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CLPR and the Center for Reproductive Rights (CRR) have drafted a Legal and Policy Brief on Child Marriage, “Ending Impunity for Child Marriage in India: A Review of Normative and Implementation Gaps” outlining the main challenges for the implementation of the law nationally and reviewed its working in Karnataka. This brief aims to inform activists, policymakers, lawyers, and the judiciary of the key challenges and makes recommendations relating to legal reform, better implementation of the PCMA ensuring accountability and promoting access to justice for girls in child marriages.
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2STNBGN Perspectives on Access to Justice: The zine. JusticeTrans, August 2023. http://dx.doi.org/10.22215/crr/23i22r-ze.

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We have seen many positive changes to the law in Canada in the decade or so to better address the needs of Two Spirit, trans, non-binary, and gender non-conforming (2STNBGN) people – such as the inclusion of gender identity and/or expression in human rights legislation and the ability to change one’s name and gender marker on government documents without needing to have gender affirming surgery. We’ve also seen an increase in far-right extremism across Canada, the United States, and the United Kingdom, leading to a notable increase in anti-trans hate. Our own experiences and the findings of research studies show that 2STNBGN people still experience a lot of violence and injustice. It is important to understand the needs of 2STNBGN communities across Canada in order to better promote 2STNBGN liberation and justice and aid in the fight against anti-trans hate.
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