Reproductive Human Rights: Defining the Legal Nature

The paper addresses contentious issues regarding the legal nature of reproductive human rights and their recognition in the Russian Federation. The author notes that a considerable body of scholarly work has emerged on this topic; however, a unified approach to assessing the legal nature of these rights has yet to be estab lished. An examination of the frameworks for recognizing reproductive human rights at the international level facilitates their acceptance as such within domestic legislation. The critical question remains whether reproductive human rights should be categorized as an independent group of rights. The author observes that in Russian legal doctrine, alongside the term «reproductive human rights», several derivative categories are mentioned, including reproductive health protection, sexual and reproductive rights, the right to reproductive choice, reproductive interest, reproduc tive freedom, biogenetic rights, and even more exotic concepts such as reproductive behavior. The inundation of scientific literature with these terms is a consequence of analyzing the accumulated understandings of reproductive legal norms in both domestic and international law. Reproductive human rights are inextricably linked to the sovereign rights of individuals; their recognition as such creates legal barriers to the realization of the rights guaranteed by the Constitution of the Russian Federation. The paper also presents specific legislative initiatives aimed at infringing upon individual autonomy.

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Publication Details

Journal
Rossijskoe pravo onlajn
Published
2025-08-08
DOI
https://doi.org/10.17803/2542-2472.2025.34.2.122-129
Primary Topic
International Human Rights and Reproductive Law
Type
article
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article

Reproductive Human Rights: Defining the Legal Nature

M. N. Shalberkina
Rossijskoe pravo onlajn
International Human Rights and Reproductive Law
article

Reproductive Human Rights: Defining the Legal Nature

M. N. Shalberkina
article en

Abstract

The paper addresses contentious issues regarding the legal nature of reproductive human rights and their recognition in the Russian Federation. The author notes that a considerable body of scholarly work has emerged on this topic; however, a unified approach to assessing the legal nature of these rights has yet to be estab lished. An examination of the frameworks for recognizing reproductive human rights at the international level facilitates their acceptance as such within domestic legislation. The critical question remains whether reproductive human rights should be categorized as an independent group of rights. The author observes that in Russian legal doctrine, alongside the term «reproductive human rights», several derivative categories are mentioned, including reproductive health protection, sexual and reproductive rights, the right to reproductive choice, reproductive interest, reproduc tive freedom, biogenetic rights, and even more exotic concepts such as reproductive behavior. The inundation of scientific literature with these terms is a consequence of analyzing the accumulated understandings of reproductive legal norms in both domestic and international law. Reproductive human rights are inextricably linked to the sovereign rights of individuals; their recognition as such creates legal barriers to the realization of the rights guaranteed by the Constitution of the Russian Federation. The paper also presents specific legislative initiatives aimed at infringing upon individual autonomy.

Rossijskoe pravo onlajn(2)
Kutafin Moscow State Law University (RU)
Openalex Percentile: Top 76%
International Human Rights and Reproductive Law
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Reproductive Human Rights: Defining the Legal Nature — M. N. Shalberkina · Rossijskoe pravo onlajn (2025) | TGRS Research Map | TGRS