THE RIGHT TO ASSISTED REPRODUCTION UNDER ARTICLE 8 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS
THE RIGHT TO ASSISTED REPRODUCTION UNDER ARTICLE 8 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS

Summary/Abstract: There is not a right to assisted reproduction regulated as such at international level. This conclusion comes from an analysis of the international legal instruments which are significant to protecting and ensuring human rights, such as the European Convention on Human Rights, the American Convention on Human Rights or the Convention on Human Rights and Biomedicine. With this consideration in mind, we attempt to demonstrate below the existence of the right to assisted reproduction and that this right is part of the category of reproductive rights. Reproductive rights are not a new set of rights; they are rather a plurality of rights and freedoms which are already recognised in international legal instruments and which are relevant to the sexual and reproductive life and health of all individuals. By far the most relevant right in outlining a picture of the right to assisted reproduction is the right to respect for one’s private and family life established by Article 8 of the European Convention on Human Rights. The aim of this article is to analyse the right to assisted reproduction within the context of reproductive rights by highlighting the case law of the European Court of Human Rights and the importance assigned by the Court based in Strasbourg to Article 8 of the Convention in matters of medically assisted reproduction.

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