Legal Restrictions in the Application of Reproductive Technologies: in Search of a Balance Between Private and Public Interests

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Abstract

Human rights in the reproductive sphere are an integral part of the legal status of the individual, which presupposes the obligation to implement, along with human rights, the principle of non-abuse of rights. However, unfortunately, the liberalization of health legislation that began in the USSR is taking place in modern Russia, which is manifested in the development of the following problems: 1) a woman’s independent decision-making not only about the number of children and the periods between their births, but also the possibility of getting rid of the conceived a child outside of objectively determined social and (or) medical indications; 2) transformation of the once done artificial termination of pregnancy into the diagnosis of disorders of female fertility, which requires further infertility therapy; 3) the absence of a legislative ban on the export of genetic material and any other biological cells (their components) of citizens outside the country, which undermines the national security of the Russian state. To solve the identified problems, the author proposes: 1) the adoption of a new security law reflecting the definition of “demographic security”; 2) introduction of a ban on artificial termination of pregnancy at the request of a woman, outside of social and (or) medical indications; 3) restrictions on the export of biological cells (their components) of citizens of the country outside the state.

About the authors

Alexey N. Dovnar

National Research University “Higher School of Economics”

Author for correspondence.
Email: adovnar@hse.ru

legal consultant of the Center for Legal Expertise and Support of Educational Activities of the Directorate for Legal Affairs

Russian Federation, Moscow

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