The dissertation is an independent completed scientific work in which the human right to reproduction (reproduction) as a separate fundamental natural human right is comprehensively studied.
The study provides an author's definition of the human right to reproduction (reproduction) - a fundamental personal inalienable right to free, voluntary, personal decision-making on the reproductive function, which consists in the birth or refusal of birth of genetically native children, their number and intervals between their births , as well as the use of available reproductive technologies to achieve this goal.
It is noted about the relationship of this right with other rights and stated that it should be distinguished from other outwardly similar rights, as well as such generalizing definitions as "related to the human right to reproduction (reproduction) rights" and "reproductive rights".
Rights related to the human right to reproduction (reproduction) are those rights that are directly designed to promote the realization of a person's fundamental right to reproduction (reproduction), and reproductive human rights are a set of rights that a person has in the reproductive sphere.
Modern approaches to the understanding of reproductive rights are given: the first is based on the fact that the term "reproductive rights" is conditional, which is used mostly in sociology and demography than in jurisprudence; the second direction - on a certain connection between international sources and the need to implement the idea expressed in these sources in domestic law; the third direction is that reproductive rights have a special nature in fundamental human rights and freedoms.
It is stated that in the study of the human right to reproduction (reproduction) it is appropriate to use the definition of "reproduction" and not similar in meaning to "procreation", as the latter is reduced more to the biological essence of reproduction, although this process is a biosocial phenomenon. In human reproduction there are: 1) biological reproduction - the reproduction of individuals and, accordingly, the reproduction of the biosphere; 2) reproduction of the social - the reproduction of personality, social structure and relevant social relations; 3) reproduction of the psychological - the reproduction of consciousness, mentality and mechanisms.
The modern understanding of instinct, innate need, their influence on the behavior of a living being and features of influence on human behavior as a biosocial being, including reproductive behavior are considered.
It is argued that the right to reproduction is a natural human right, as it is due to an innate need to continue one's own kind.
It is proposed to divide fundamental human rights into those that are inherent in the biological essence of man, including those due to innate needs, and those that are recognized as basic or basic in society at a particular stage of its development. The first is unchanged, the second is gradually evolving.
It is emphasized that due to the influence of social motives, the innate need can be suppressed, delayed, and it is replaced by one's own awareness, which is controlled by the human will. However, this does not level the biological principle in man, because he remains a biosocial being.
It is proved that too broad an approach to understanding and interpretation of reproductive rights, their identification with the human right to reproduction (reproduction) leads to vagueness, makes it impossible to define their clear structure, scope, content, scope, features, principles.
The features of the studied fundamental law are revealed and it is indicated that it, as a personal non-property right, is characterized by the features inherent in this category of rights.
It is proved that the basic elements (powers) of the human right to reproduction (reproduction), which constitute its content and are determined by the innate human need to procreate, are the right to freely and voluntarily decide on: 1) birth or refusal to have children (reproduction of offspring) ; 2) the number of children; 3) intervals between births.
It is substantiated that additional elements (powers) of the human right to reproduction (reproduction), which constitute its content but are not determined by the innate human need to procreate, are the right to free and voluntary decision on: 1) donation of reproductive cells, embryos; 2) the use of assisted reproductive technologies, including in the absence of fertility problems; 3) the choice of sex of the unborn child when using reproductive technologies; 4) interference with the genome of the unborn child and the right to clone.
The dissertation examines the issues of donation of reproductive cells and embryos, the possibility of using different reproductive techniques, features and procedures of postmortem reproduction, the grounds for preimplantation diagnostics, etc., as well as issues related to their use.
