Certain Limitations in Reproductive Rights`s Exercising (Cases of China and Austria)

Abstract

The aim: To analyze the existing international legal framework, regulating limitations of exercising reproductive rights, and determine whether the limitations provided by Chinese and Austrian national legislators meet the international and regional standards. Materials and methods: The article is based on international universal and regional European legal instruments, the jurisprudence of the European Court of Human Rights, national legislation of China and Austria, and scientific articles. The research is grounded on formal logical and dialectical methods, methods of synthesis and analysis, historical method, comparative legal method, and the method of modelling. Conclusions: The authors concluded that despite the standards on reproductive autonomy, being set by the number of international conferences and international and regional acts, the governments may impose limitations on exercising the said autonomy. Such limitations can be either radical ones (taking into account Chinese example of birth control) or liberal ones (taking into account the Austrian case on the prohibition of heterologous gametes donation).