Are the Kids All Right? A Child-Centred Approach to Assisted Reproductive Technologies. Issue 1 (March 2013)

• Record Type: Journal Article
• Authors: Sabatello, Maya
• Is Part Of: Netherlands quarterly of human rights. Volume 31:Issue 1(2013)
• Page Start: 74
• Page End: 98
• Publication Date: 2013-03
• Subjects: assisted reproductive technologies -- children's rights -- family rights; Human rights -- Periodicals; 341.48
• DOI: 10.1177/016934411303100104
• Languages: English
• ISSNs: 0924-0159

Abstract

This article examines one of the least explored aspects of assisted reproductive technologies (ART) – that is, the rights of ART-born children. Taking an international human rights law perspective, the article considers two arguable clashes of rights that have been raised with regard to ART-born children: the use of ART as child abuse and genetic selection of offspring. It further explores whether and how adding children's perspective to the discourse may enrich the debates and inform the legal policies to be adopted in this regard. The argument advanced is that the "rights discourse" that has taken center stage in the debate over ART is insufficient to resolve bioethical dilemmas that arise. Including children's perspectives shows that it is necessary to re-conceptualize the discussion so that it is grounded in and incorporates broader familial interests and relationships, or "family ethics". More broadly, the article illuminates the prominent role of the principle of non-discrimination in international human rights law and reinforces the importance of greater social responsibility in promoting sexual health and inclusion.