Authors: Ludovica Poli
Addresses: Department of Law, University of Turin, Italy
Abstract: The paper considers the role of international human rights law in regulating artificial reproductive technologies (ART), both from the perspective of the law-making process and of the law interpretation by international human rights courts. In addressing these two profiles, the author explores a double dimension: on the one hand, the limits to ART in order to respect human dignity and/or to protect the embryo; on the other, the need to balance conflicting interests arising from the application of ART. The study reveals that the international law-making process on ART is at a very early stage, while human rights courts play a prominent role in ruling on these technologies. As its case law demonstrates, the European Court of Human Rights elaborates argumentative ploys to back its conclusions. In doing so, it expresses ethical stances capable of influencing the moral debate on divisive topics.
Keywords: artificial reproductive technologies; bioethics; human rights law; human dignity; embryo; reproductive freedom; soft law; ECtHR; European consensus; pre-implantation genetic diagnosis; PGD; gestational surrogacy; margin of appreciation.
International Journal of Private Law, 2018 Vol.9 No.1/2, pp.56 - 70
Received: 08 May 2021
Accepted: 12 May 2021
Published online: 11 Jan 2019 *