Reproductive Rights Rels 300/Nurs November /330 - appleby1

Do you agree? Do individuals/couples have a right to reproduce? Is this a universal human right, like the right to life? If there is a universal right to reproduce, who has the corresponding duty to ensure procreative fertility rather than infertility? Do persons have a right to biological offspring? Do persons have a right to parenthood? Reproductive rights 300/330 - appleby2

 Liberty to choose one’s own life goals and values  Right to have communal support in the pursuit of one’s goals  Right to any and all required assistance to achieve one’s goals  Freedom to … Positive or Welfare Rights  Liberty to choose one’s own life goals and values  Right to be free from interference in the pursuit of one’s goals  Right not to be prevented from achieving one’s goals  Freedom from … Negative or Liberty Rights 2 sorts of human rights 300/330 - appleby3

Freedom from:  Negative Reproductive Rights 300/330 - appleby4

Freedom to:  Positive Reproductive Rights 300/330 - appleby5

John Robertson, p.182: Reproductive choices are “central to personal identity, to dignity, and to the meaning of one’s life”  Procreative decisions are personal, individual, and should be made by autonomous choice  People should not make moral judgements about the autonomous choices of others  The state should not interfere with these choices UNLESS UNLESS there is evidence that substantial harm would result from one’s choice “The Presumptive Primacy of Procreative Liberty” 300/330 - appleby6

 According to Robertson, “those who would limit procreative choice have the burden of showing that [one’s] reproductive actions” would result in tangible & substantial harms Procreative Liberty and Harms 300/330 - appleby7 What sorts of potential harms might there be? Who might be vulnerable to being harmed by procreative choices and reproductive technologies?

Murray, p.185: The concept of procreative liberty functions within a cultural context which:  emphasizes individual autonomy  values independent exercise of rights, personal choice and control  favours freedom from limitations imposed by others  collaborates with others by means of contractual rights and obligations  is comfortable with interactions that resemble the marketplace – property ownership, buying & selling raw materials and products, and providing services The desire and choice to have children is a choice to initiate a very special relationship which is inconsistent with market values. (Murray) Conceptual context for understanding liberty rights 300/330 - appleby8

Procreative liberty promotes individual autonomy and freedom from interference From a bioethics perspective, autonomy must also be balanced with attention to beneficence Contributing to the well-being and benefit of potential parents, infants, and donors Also by non-maleficence Ensuring that risks are minimized and harms are avoided for participants And by justice fair and equal opportunities & treatments that are provided in an equitable manner without bias or discrimination Limitations on Autonomy? 300/330 - appleby9

 Whose personal dignity and autonomy are promoted or harmed?  What are the potential benefits of reproductive technologies?  Who are the beneficiaries?  What are the potential risks and harms of reproductive technologies?  Who is most likely to be harmed?  Are there justice issues in the provision of reproductive services?  Issues of fairness, equality, equitable access? Evaluating reproductive technologies 300/330 - appleby10