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Artificial Pregnancy of Single Women and Rights related to Self-determination regarding Pregnancy and Childbirth

  • Journal of Human Rights Studies
  • Abbr : JHRS
  • 2022, 5(1), pp.1-42
  • DOI : 10.22976/JHRS.2022.5.1.1
  • Publisher : Korean Association of Human Rights Studies
  • Research Area : Social Science > Law > Law of Special Parts > Human Rights / International Human Rights Law
  • Received : May 3, 2022
  • Accepted : June 3, 2022
  • Published : June 30, 2022

YI, ZOON IL 1

1고려대학교

Accredited

ABSTRACT

Controversy is being raised as to whether single (unmarried) women can have children through artificial pregnancy procedures that artificially intervene in the pregnancy process, such as artificial insemination or in vitro fertilization. ‘The right to self-determination regarding pregnancy and childbirth’ is a unique constitutional right of women. In principle, in vitro fertilization of single women is not prohibited according to the current ‘Bioethics and Safety Act’. However, in accordance with ‘the Maternal and Child Health Act’, state support is provided only to infertile couples, which does not constitute a legal basis to ban artificial pregnancy for single women. Another important constitutional right related to artificial pregnancy is the constitutional social right. This is because artificial pregnancy surgery is a medical practice and requires considerable economic costs. Currently, social rights related to artificial pregnancy are recognized only for married couples, so health insurance is applied only to them, and financial support for co-payments is provided only to them. Differential treatment of single women for artificial pregnancy may amount to discrimination that infringes on equal rights. This is because, in relation to artificial pregnancy, married women and single women are treated differently without any rational reason even though there is no essential difference. From the viewpoint of the right to self-determination of pregnancy and childbirth, the constitutional social right, and the right to equality, which are guaranteed even to single women, it is necessary to provide financial support from the state to single women for artificial pregnancy as well.

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