Volume 10, Issue 36 (Spring 2016)                   Medical Law Journal 2016, 10(36): 11-35 | Back to browse issues page

XML Persian Abstract Print

Download citation:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:

Ghadiri M. Right to Found a Family and Access to ARTs in the Light of International Human Rights Law. Medical Law Journal. 2016; 10 (36) :11-35
URL: http://ijmedicallaw.ir/article-1-513-en.html
Family Research Institute, Shahid Beheshti University, Tehran, Iran

The right to found a family is one of the fundamental rights of every man and woman which has been recognized by international and regional human rights law, and the states have positive and negative obligations to realize it. It has been suggested that it may be considered discriminatory to impose parenting criteria for having a child via an ART procedure and it is an arbitrary interference with the right of every one to found a family.

This paper examines the eligibility for access to the ARTs in some aspects, and in the light of the human rights principles, such as freedom, non-discrimination and the best interest of the child. It seems that in balancing the rights of applicants with the future baby, the best interest of the child shall be the paramount consideration, meanwhile the main reason for applying this technology shall be considered to prevent the dehumanization of it.

Please cite this article as: Ghadiri M. The Right to Found a Family and Access to ARTs in the Light of International Human Rights Law. Iran J Med Law 2016; 10(36): 11-35.

Type of Study: Original Article |
Received: 2015/08/18 | Accepted: 2016/01/9

Add your comments about this article : Your username or Email:

Send email to the article author

© 2020 All Rights Reserved | Iranian Journal of Medical Law

Designed & Developed by : Yektaweb