Publication details
Menschenrechtliche Aspekte der anonymen Samen- oder Eizellspende und ihre Berücksichtigung in der Judikatur des EGMR
| Title in English | Human rights aspects of anonymous sperm or egg donation and their consideration in the case law of the ECHR |
|---|---|
| Authors | |
| Year of publication | 2023 |
| Type | Article in Periodical |
| Magazine / Source | MenschenRechtsMagazin |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Doi | http://dx.doi.org/10.25932/publishup-58477 |
| Keywords | Assisted reproduction; donation; anonymity; child rights |
| Description | In this manuscript I deal with one of the problematic sides of sperm and egg donation. Specifically, I focus on anonymity in the context of this procedure, which is established as a legal requirement in some European states. The issue is the consequence of unclear regulation at EU level, which allows national regulations to be designed according to individual preferences of the legislator. Nevertheless, one must also take into account the human rights context, because the anonymity of the donor means that the child has de facto no chance of knowing its (genetic or biological) parents. In principle, such an approach violates the right of the child to know its own origin, which has been enshrined in relevant human rights conventions and interpreted in the case law of the ECHR. |