Reproductive rights: gender principle

The article is devoted to clarifying the issue of reproductive rights and reproductive health of both women and men. It is noted that in society, ideas about the rights of men and women in the field of regulation of reproductive activity and reproductive health have not been properly formed, and in domestic legislation not all aspects in the sphere of realization of reproductive rights of men and women are regulated. It was stated that special attention in the field of regulation of reproductive rights and reproductive health is paid only to the procedure for applying programs of assisted reproductive technologies. The lack of definition of "reproductive right" and "right to reproductive health" contradicts the existing human rights and freedoms that are enshrined in both women and men. This statement, in turn, leads to discriminatory elements in society. In addition, it was stated that the lack of proper legal registration of the relevant definitions entails a logically related lack of guarantees for the implementation of the above-mentioned rights of men and women, as well as liability for their violation. According to the results of the analysis of existing norms in both national and international law, it was stated that the reproductive rights of men and women are based on fundamental human rights - the right to life, the right to health care, equality between men and women, the right to physical integrity, the right to privacy, the right to personal, family secrets, etc., are derived from fundamental human rights, detail and complement them. In addition, detailed regulation will be of positive importance both for legal science and for practice, since it will allow to more deeply and fully comprehend the rights of men and women in this area, as well as to acquire the status of independent subjective rights included in the legal status and the institution of fundamental rights and freedoms.