Reproductive rights within the context of regulatory environment and support, legal doctrine and judicial practice of the European Court of Human Rights: certain aspects

Abstract

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.