Volume 15, Issue 56 (4-2021)
MLJ 2021, 15(56): 317-333 |
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Ahmadinejad M. Legal reflection on the Judgments Issued by the European Court of Human Rights on the Surrogacy. MLJ 2021; 15 (56) :317-333
URL: http://ijmedicallaw.ir/article-1-969-en.html
URL: http://ijmedicallaw.ir/article-1-969-en.html
Al-Zahra University, Tehran, Iran
Abstract:
Background and Aim: The topic of Surrogacy is one of the human rights issues, which is important for its multifaceted nature. On the one hand, this is directly linked to human rights law, such as the right to the family life, the right to privacy life, the right to identity and other human rights rules, and, on the other hand, political considerations are very important to the States, because the States negligence in this regard can be affect the public morality, public order, and in general, their national interests.
Also, accurating in different aspects of Surrogacy, is clear that the topic of Surrogacy which is always necessary to be considered, medical and psychological, legal, and Ethical considerations in reviewing this issue.
Materials and Methods: The main source of the article is the judged cases before the European Court of Human Rights. The present article descripted the judged cases on Surrogacy in the European Court of Human Rights in descriptive approach, by studying library resources and international documents.
Results: In the present article, were investigated six cases from the cases of the European Court of Human Rights on the subject of children born through Surrogacy. In this regard, The court tried in its verdicts to consider political considerations with the help of the doctrine of "Margin of appreciation", while monitors the application of human rights rules by the member States of the European Convention on Human Rights and take their political considerations and is create the balance between the public interest of the states and rules of human rights.
Ethical considerations: This research has been written, relying on moral principles, such as, honesty and trustworthiness in text analysis and citation.
Conclusion: Unnecessary use of the method of Surrogacy and its commercialization without moral considerations can have far-reaching consequences, such as human trafficking, but in times of necessity that there is no other way to solve the couple's infertility problem, useing of the reproduction method of Surrogacy can solve many problems of infertile couple. what is presented in this article is indicative of the fact that the European Court of Human Rights, has left the decision on this matter to domestic law by granting a wide Margin of Appreciation to the states this component that the couple was infertile and the only way left and the last remaining medical option for their childbearing is the use of assisted reproduction technique of Surrogacy has not been considered in the judged cases.
Also, this fact that the intended parents who are listed as the child's parents in a birth certificate issued in a foreign country, were are couple married it is not considered as a sign of their goodwill and including positive component. Moreover, the judged cases did not exhaust to the right to respect for the decision to become a genetic parents. And with the wide Margin of Appreciation granted to the states, it has not been extended the right to respect for family life to the relationship between the children born through Surrogacy and the applicants who were biologically the father of these children. Accordingly, in view of the findings of the study, it can be argued that the freely applicable and wide Margin of Appreciation in Surrogacy cases can be seriously threatened the supremacy of human rights requirements and considerations over the national policies of the states.
Cite this article as: Ahmadinejad M. Legal reflection on the Judgments Issued by the European Court of Human Rights on the Surrogacy. Medical Law Journal 2021; 15(56): e19.
Also, accurating in different aspects of Surrogacy, is clear that the topic of Surrogacy which is always necessary to be considered, medical and psychological, legal, and Ethical considerations in reviewing this issue.
Materials and Methods: The main source of the article is the judged cases before the European Court of Human Rights. The present article descripted the judged cases on Surrogacy in the European Court of Human Rights in descriptive approach, by studying library resources and international documents.
Results: In the present article, were investigated six cases from the cases of the European Court of Human Rights on the subject of children born through Surrogacy. In this regard, The court tried in its verdicts to consider political considerations with the help of the doctrine of "Margin of appreciation", while monitors the application of human rights rules by the member States of the European Convention on Human Rights and take their political considerations and is create the balance between the public interest of the states and rules of human rights.
Ethical considerations: This research has been written, relying on moral principles, such as, honesty and trustworthiness in text analysis and citation.
Conclusion: Unnecessary use of the method of Surrogacy and its commercialization without moral considerations can have far-reaching consequences, such as human trafficking, but in times of necessity that there is no other way to solve the couple's infertility problem, useing of the reproduction method of Surrogacy can solve many problems of infertile couple. what is presented in this article is indicative of the fact that the European Court of Human Rights, has left the decision on this matter to domestic law by granting a wide Margin of Appreciation to the states this component that the couple was infertile and the only way left and the last remaining medical option for their childbearing is the use of assisted reproduction technique of Surrogacy has not been considered in the judged cases.
Also, this fact that the intended parents who are listed as the child's parents in a birth certificate issued in a foreign country, were are couple married it is not considered as a sign of their goodwill and including positive component. Moreover, the judged cases did not exhaust to the right to respect for the decision to become a genetic parents. And with the wide Margin of Appreciation granted to the states, it has not been extended the right to respect for family life to the relationship between the children born through Surrogacy and the applicants who were biologically the father of these children. Accordingly, in view of the findings of the study, it can be argued that the freely applicable and wide Margin of Appreciation in Surrogacy cases can be seriously threatened the supremacy of human rights requirements and considerations over the national policies of the states.
Cite this article as: Ahmadinejad M. Legal reflection on the Judgments Issued by the European Court of Human Rights on the Surrogacy. Medical Law Journal 2021; 15(56): e19.
Keywords: Surrogacy, European Court of Human Rights, Child, Wide Margin of Appreciation, Human Rights
Type of Study: Original Article |
Received: 2020/10/5 | Accepted: 2021/02/28
Received: 2020/10/5 | Accepted: 2021/02/28
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