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1.
Wiad Lek ; 74(11 cz 2): 2928-2933, 2021.
Article in English | MEDLINE | ID: mdl-35029558

ABSTRACT

OBJECTIVE: The aim: The purpose of this article is to illustrate the social demand for the need to discriminate against perpetrators of sexual crimes by depriving them of reproductive rights. PATIENTS AND METHODS: Materials and methods: The authors of the research used the legislation of various world countries, scientific papers, caselaw, the provisions of international legal acts, in particular, the Convention for the Protection of Human Rights and Fundamental Freedoms. The authors of the research used a complex set of general and special methods of cognition such as dialectical, comparative, analytical, generalization method, statistical and sociological method (questionnaire method). RESULTS: Results: The survey conducted by the authors highlights the attitude of physicians and law enforcement officials (100 people) to the sterilization of criminals as a measure necessary to prevent the commission of sexual crimes both by such persons and by others who are prone to committing such crimes but will refrain from their commission due to the fear of sterilization. The questionnaire shows the gap between awareness and recognition of natural human rights such as the right to reproduce and the desire to deprive a certain deviant category of people of this right for their safety. CONCLUSION: Conclusion: Based on the conducted analysis, the authors have formulated that there is currently a great social demand for radical measures to prevent the commission of sexual crimes by sterilizing those who committed such crimes. At the same time, the legislation of some countries also embodies such a desire of society in the relevant norms and provides the use of sterilization of criminals for special and general prevention of crimes against sexual freedom and inviolability. The research also demonstrates the erroneousness of this approach and proves the inadmissibility and medical inexpediency of depriving perpetrators of sexual crimes of their reproductive rights.


Subject(s)
Criminals , Crime , Humans , Reproductive Rights , Sexual Behavior , Sterilization, Reproductive
2.
Wiad Lek ; 72(12 cz 2): 2536-2540, 2019.
Article in English | MEDLINE | ID: mdl-32124781

ABSTRACT

OBJECTIVE: Introduction: realization of reproductive rights is a relevant medical, social and legal problem in modern society. It is due to unfavorable demographic situation in almost all European countries, overcrowding problems in Asian countries, religious and moral oppression against persons, who do not wish to realize their right to reproduction. The aim: To define problems related to the protection of the right to reproduction and to develop propositions to improve the prevention and fight against forced sterilization and restrictions on voluntary sterilization. PATIENTS AND METHODS: Materials and methods: The research is based on theoretical basis, which includes scientific articles, legislation reviews, reports of non-governmental organizations, as well as empirical basis - 3 judgements of the ECHR, international legal acts and directives, based on the analytical data of the World Health Organization. Systematic, structural, functional and legal comparative methods, as well as systematization, analysis and synthesis, were crucial in the research process. CONCLUSION: Conclusions: Nowadays, it is possible to distinguish such types of sterilization in the world as voluntary and forced ones. Forced deprivation of the right to reproduction is a serious criminal offense that still takes place in modern society. Violations in the form of restricting voluntary sterilization have more latent nature and are not sufficiently regulated by legislation. Forced sterilization requires greater effectiveness in combating both at the national, and at the international level. Voluntary sterilization, as a method of contraception, requires clear regulation at the legislative level and the development of uniform principles and standards, both in national and in international law, in order to preclude restrictions in freely disposing reproduction function.


Subject(s)
Reproductive Rights , Sterilization, Involuntary , Sterilization, Reproductive , Contraception , Europe
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