Reproductive rights violations: forced sterilization and restriction of voluntary sterilization

Abstract

OBJECTIVE: Introduction: realization of reproductive rights is a relevant medical, social and legal problem in modern society. It is due to unfavorable demographic situation in almost all European countries, overcrowding problems in Asian countries, religious and moral oppression against persons, who do not wish to realize their right to reproduction. The aim: To define problems related to the protection of the right to reproduction and to develop propositions to improve the prevention and fight against forced sterilization and restrictions on voluntary sterilization. PATIENTS AND METHODS: Materials and methods: The research is based on theoretical basis, which includes scientific articles, legislation reviews, reports of non-governmental organizations, as well as empirical basis - 3 judgements of the ECHR, international legal acts and directives, based on the analytical data of the World Health Organization. Systematic, structural, functional and legal comparative methods, as well as systematization, analysis and synthesis, were crucial in the research process. CONCLUSION: Conclusions: Nowadays, it is possible to distinguish such types of sterilization in the world as voluntary and forced ones. Forced deprivation of the right to reproduction is a serious criminal offense that still takes place in modern society. Violations in the form of restricting voluntary sterilization have more latent nature and are not sufficiently regulated by legislation. Forced sterilization requires greater effectiveness in combating both at the national, and at the international level. Voluntary sterilization, as a method of contraception, requires clear regulation at the legislative level and the development of uniform principles and standards, both in national and in international law, in order to preclude restrictions in freely disposing reproduction function