{"title":"在跨境代孕问题上达成国际共识:欧洲人权法院的角色?","authors":"Jakub Valc","doi":"10.1093/medlaw/fwaf029","DOIUrl":null,"url":null,"abstract":"<p><p>The article examines ways to address the problems of cross-border surrogacy, based on existing initiatives to create an international legal framework and the case law of the European Court of Human Rights (ECtHR). I will first outline the problems associated with cross-border surrogacy and describe efforts to overcome these problems by adopting an international treaty or universally accepted standards in this area. Then I turn my attention to the nature of the right to private and family life and the general conditions for balancing this right against various public interests. The remainder of the article lies in a systematic analysis of the case law of the ECtHR on cross-border surrogacy, which has the potential to harmonize national approaches by establishing a minimum standard of human rights protection. I pay particular attention to the principle of the best interests of the child, the interpretation of which is a decisive factor and can thus serve as a general starting point for the resolution of human rights cases arising from cross-border surrogacy.</p>","PeriodicalId":49146,"journal":{"name":"Medical Law Review","volume":"33 3","pages":""},"PeriodicalIF":1.7000,"publicationDate":"2025-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC12349916/pdf/","citationCount":"0","resultStr":"{\"title\":\"Towards an international consensus on cross-border surrogacy: the role of the European Court of Human Rights?\",\"authors\":\"Jakub Valc\",\"doi\":\"10.1093/medlaw/fwaf029\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p><p>The article examines ways to address the problems of cross-border surrogacy, based on existing initiatives to create an international legal framework and the case law of the European Court of Human Rights (ECtHR). I will first outline the problems associated with cross-border surrogacy and describe efforts to overcome these problems by adopting an international treaty or universally accepted standards in this area. Then I turn my attention to the nature of the right to private and family life and the general conditions for balancing this right against various public interests. The remainder of the article lies in a systematic analysis of the case law of the ECtHR on cross-border surrogacy, which has the potential to harmonize national approaches by establishing a minimum standard of human rights protection. I pay particular attention to the principle of the best interests of the child, the interpretation of which is a decisive factor and can thus serve as a general starting point for the resolution of human rights cases arising from cross-border surrogacy.</p>\",\"PeriodicalId\":49146,\"journal\":{\"name\":\"Medical Law Review\",\"volume\":\"33 3\",\"pages\":\"\"},\"PeriodicalIF\":1.7000,\"publicationDate\":\"2025-07-14\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC12349916/pdf/\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Medical Law Review\",\"FirstCategoryId\":\"3\",\"ListUrlMain\":\"https://doi.org/10.1093/medlaw/fwaf029\",\"RegionNum\":4,\"RegionCategory\":\"医学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Medical Law Review","FirstCategoryId":"3","ListUrlMain":"https://doi.org/10.1093/medlaw/fwaf029","RegionNum":4,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
Towards an international consensus on cross-border surrogacy: the role of the European Court of Human Rights?
The article examines ways to address the problems of cross-border surrogacy, based on existing initiatives to create an international legal framework and the case law of the European Court of Human Rights (ECtHR). I will first outline the problems associated with cross-border surrogacy and describe efforts to overcome these problems by adopting an international treaty or universally accepted standards in this area. Then I turn my attention to the nature of the right to private and family life and the general conditions for balancing this right against various public interests. The remainder of the article lies in a systematic analysis of the case law of the ECtHR on cross-border surrogacy, which has the potential to harmonize national approaches by establishing a minimum standard of human rights protection. I pay particular attention to the principle of the best interests of the child, the interpretation of which is a decisive factor and can thus serve as a general starting point for the resolution of human rights cases arising from cross-border surrogacy.
期刊介绍:
The Medical Law Review is established as an authoritative source of reference for academics, lawyers, legal and medical practitioners, law students, and anyone interested in healthcare and the law.
The journal presents articles of international interest which provide thorough analyses and comment on the wide range of topical issues that are fundamental to this expanding area of law. In addition, commentary sections provide in depth explorations of topical aspects of the field.