АСПЕКТИ БИОМЕДИЦИНСКИ ПОТПОМОГНУТЕ ОПЛОДЊЕ - Пракса Европског суда за људска права ASPECTS BIOMEDICAL ASSISTED PROCREATION – The European court of human rights

Abstract

The purpose of this paper is to assess the role of the European Court of Human Rights (ECtHR) in the field of biomedically assisted procreation, as a part of reproductive rights and freedoms. The basis of the analysis of cases similar and those that differ in the case of decision making is Research Report: Bioethics and the case-law of the Court, 2016. The most important legal issue raises the issue of the right to respect for private and family life, so that in these cases the ECtHR has acted in a structured manner assessing whether the application falls within the scope of the application of Art. 8 of Convention and whether there is any interference by the State or the unfulfilled positive obligations. The conception procedures with biomedical assistance is in the European context under the jurisdiction of the Member States, and in that respect, it is importante that States establish a fair balance between the availability of certain, controversial, biomedically assisted procreation procedures, on the one hand, and of general interest regarding the consequences of contemporary reproductive medicine, on the other hand. Since conception with biomedical help, i.e. reviewing the regulatory mechanisms within the jurisdiction of the Council of Europe member states, the question arises as to whether it is possible to expect the establishment of general principles in this field by influencing the scope of the Member State’s free assessment area.