Вічне та земне: репродукція людини у праві та релігії Юридичний науковий електронний журнал (original) (raw)

Вічне та земне: репродукція людини у праві та релігії Юридичний науковий електронний журнал

The article is dedicated to interaction between law and religion in questions of human reproduction. The attitude towards human reproduction in society and the legal regulation of reproductive choices can depend upon many factors, including religion. Relations in the sphere of human reproduction are a very peculiar sphere of legal regulation, because the legal norms can not regulate all "intimate" aspects of human reproduction. As a rule, separate reproductive rights are protected by the law and the religious rules can make significant influence on legal regulation of human reproduction. The influence of religious rules on legal regulation of the relations on human reproduction is not equal in different countries. The author has analysed religious canons on human reproduction in four biggest world religions-Christianity, Islam, Hinduism, Buddhism and has defined certain regularities in influence of religious beliefs on legal regulation of relations on human reproduction. As a result of scientific research, the author has concluded that Islam has the biggest influence on the legal norms in the mentioned area, in the meantime in Christianity, Hinduism and Buddhism the influence is much less significant. The attitudes towards human reproduction are the most conservative in Catholicism and the most liberal in Protestantism, therefore in the countries where most inhabitants are Christians, it is very difficult to establish the regularity of legal norms on human reproduction` formation, because one countries are more secularized, while in the other countries religion has bigger influence on legislation. Islamic countries are characterized by large influence of religion on law in the sphere of assisted human reproduction, and the law completely follows religious approach, except some cases. Hinduism also has influence towards legislation on human reproduction, however some existing limitations have certain aim-prevention of domination of private interests over public ones. In Buddhism, the questions of human reproduction are rarely discussed, thus it is difficult to study their influence on the legislation.