Infertility and Human Rights: A Jurisprudential Survey

74 Pages Posted: 30 Jun 2020

See all articles by Martha F. Davis

Martha F. Davis

Northeastern University - School of Law

Rajat Khosla

World Health Organization

Date Written: June 26, 2020

Abstract

This article systematically explores the evolving human rights jurisprudence relating to infertility, a significant public health issue worldwide. There is no real question that the failure to prevent infertility, the failure to treat infertility, and the failure to recognize and respond to infertility, raise human rights concerns. But beyond the relevant human rights norms, we argue that human rights analyses can aid jurisdictions in structuring their responses to infertility. Through case studies and country-specific research, we adduce evidence that human rights norms are, in fact, already providing such guidance at the national level. The article further identifies a series of pending human rights challenges in the infertility arena – including the issue of “conditional childlessness” (also known as social infertility) – and offers suggestions for analyzing these issues.

Keywords: Infertility, Huam Rights, Public Health, Childlessness

Suggested Citation

Davis, Martha F. and Khosla, Rajat, Infertility and Human Rights: A Jurisprudential Survey (June 26, 2020). Columbia Journal of Gender and Law, Forthcoming, Northeastern University School of Law Research Paper No. 381-2020, Available at SSRN: https://ssrn.com/abstract=3636206

Martha F. Davis (Contact Author)

Northeastern University - School of Law ( email )

416 Huntington Avenue
Boston, MA 02115
United States

Rajat Khosla

World Health Organization ( email )

20 Avenue Appia
Geneva 27, CH-1211
Switzerland

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