Chan C C W, Ho P-C
Department of Obstetrics and Gynaecology, The University of Hong Kong, Queen Mary Hospital, 102 Pokfulam Road, Hong Kong SAR, Hong Kong.
Best Pract Res Clin Obstet Gynaecol. 2006 Jun;20(3):369-80. doi: 10.1016/j.bpobgyn.2006.01.001. Epub 2006 Feb 28.
The rights to reproduce and found a family are recognized as basic human rights. Infertile couples should enjoy the same right to reproduce as those who have the ability to do so without assistance. Both positive and negative rights to access to assisted reproductive technologies are required in order to fully realize the reproductive rights. However, there is a limit to such a claim. The positive right of individuals to have state-funded assisted reproductive treatments has to be balanced against the provision of other societal goods and healthcare rationing. The negative right to acquire access to assisted reproductive technologies by individuals' own resources is also restrained. The barrier to such access is often of a moral nature, the standard of which depends on the values of the society.
生育权和组建家庭的权利被视为基本人权。不孕夫妇应享有与无需辅助就能生育的夫妇相同的生育权。为了充分实现生殖权利,获取辅助生殖技术的积极权利和消极权利都必不可少。然而,这种主张存在一定限制。个人获得国家资助的辅助生殖治疗的积极权利必须与其他社会福利的提供以及医疗资源配给相平衡。个人凭借自身资源获取辅助生殖技术的消极权利也受到限制。这种获取的障碍往往具有道德性质,其标准取决于社会的价值观。