HUMAN DIGNITY, BIOETHICS, AND WAR: Harmonisation of Legislative Reform of Posthumous Reproduction in Ukraine with Council of Europe Human Rights Standards

This article examines the complex legal, bioethical, and social challenges surrounding human posthumous reproduction under the conditions of full-scale war in Ukraine. The ongoing armed aggression poses unprecedented threats to the nation's demographic potential and genetic heritage, making the protection of the reproductive rights of military personnel and individuals involved in national defence a critical imperative. The study provides a doctrinal and comparative legal analysis of the regulatory framework governing posthumous reproductive technology. Furthermore, it analyses intra-family dispute resolution regarding reproductive biological material, the rights of children born after the death of their parents, and the establishment of procedural safeguards under martial law. Evaluating proposed legislative solutions against the normative framework of Council of Europe standards, particularly the Oviedo Convention, this study substantiates the necessity of a comprehensive legislative approach to safeguard human dignity, reproductive autonomy, and human rights amidst the unprecedented challenges of war.

Authors

Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2026-10-14
DOI
https://doi.org/10.5281/zenodo.23376237
Primary Topic
International Human Rights and Reproductive Law
Type
preprint
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preprint

HUMAN DIGNITY, BIOETHICS, AND WAR: Harmonisation of Legislative Reform of Posthumous Reproduction in Ukraine with Council of Europe Human Rights Standards

Богдана Василівна Островська
Zenodo (CERN European Organization for Nuclear Research)
International Human Rights and Reproductive Law
preprint

HUMAN DIGNITY, BIOETHICS, AND WAR: Harmonisation of Legislative Reform of Posthumous Reproduction in Ukraine with Council of Europe Human Rights Standards

Богдана Василівна Островська
preprint en

Abstract

This article examines the complex legal, bioethical, and social challenges surrounding human posthumous reproduction under the conditions of full-scale war in Ukraine. The ongoing armed aggression poses unprecedented threats to the nation's demographic potential and genetic heritage, making the protection of the reproductive rights of military personnel and individuals involved in national defence a critical imperative. The study provides a doctrinal and comparative legal analysis of the regulatory framework governing posthumous reproductive technology. Furthermore, it analyses intra-family dispute resolution regarding reproductive biological material, the rights of children born after the death of their parents, and the establishment of procedural safeguards under martial law. Evaluating proposed legislative solutions against the normative framework of Council of Europe standards, particularly the Oviedo Convention, this study substantiates the necessity of a comprehensive legislative approach to safeguard human dignity, reproductive autonomy, and human rights amidst the unprecedented challenges of war.

Zenodo (CERN European Organization for Nuclear Research)
Peace, justice, and strong institutions
International Human Rights and Reproductive Law
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