Reproductive rights as a component of fourth-generation rights: theoretical and legal analysis

The article provides a comprehensive analysis of problematic aspects of the implementation of human and citizen reproductive rights in modern conditions. It is established that reproductive rights are an integral part of fourth-generation rights, which are based on an independent and alternative choice of lawful behavior and are associated with the personal autonomy of the individual. The legal regulation of reproductive rights in Ukraine, which is carried out by the norms of the Constitution, the Civil and Family Codes, and healthcare legislation, is studied. It is revealed that there is no single regulatory act in the national legislation that would comprehensively regulate reproductive rights, which leads to numerous legal gaps. A classification of reproductive rights is made into rights of a positive nature (the right to artificial insemination) and rights of a negative nature (sterilization, abortion). The problems of legal regulation of assisted reproductive technologies are analyzed, in particular the lack of definitions of the key concepts of «infertility», «embryo», «surrogacy», «genetic parents», age restrictions for the use of ART, and the legal status of the embryo. International practice on sterilization is studied, in particular the case of V.C. v. Slovakia, which demonstrated the importance of obtaining informed consent of the patient. The problem of imbalance of the rights of spouses when making decisions on sterilization and abortion is analyzed. The need for legislative consolidation of the mandatory consent of the other spouse to procedures that may permanently deprive the couple of the opportunity to have children together is substantiated. Special attention is paid to the study of the legal status of the embryo as a subject of law, which is gaining relevance with the development of reproductive technologies. Ethical and legal dilemmas regarding the balance between the right to life of the embryo and the reproductive freedom of the individual are revealed. Recommendations are formulated for improving the legal regulation of reproductive rights in Ukraine.