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The right of a child to know his/her genetical origin
Zýchová, Jana ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
My thesis deals with the child's right to know his or her genetic origin. It is a universal human right guaranteed by the Convention on the Rights of the Child. The Article 7, paragraph 1 states that every child has a right to know his or her parents, if possible. European Court of Human Rights repeatedly postulated that the right to know one's origin is an integral part of the right to respect for private and family life provided by the Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The purpose of my work is to explain on particular problems, to what extent is this right respected in the Czech Republic, in conformity with its international obligations. The text is based on valid legal status to June 21, 2011, with regard to proposed changes in the upcoming adoption of the new Civil Code. The text is systematically divided into seven chapters. The first chapter is focused in general on the right to know one's own origin in the human rights dimension. The following chapters examine particular relevant sections of family law and its imperfections. Firstly, I discuss the issue of determination and denial of parenting with an emphasis on emerging deliberate disharmony between biological and legal parenthood. Furthermore, I focus on the issue of adoption,...
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Planned parenthood of women in reproductive age
Ikramova, Sitora ; Kulhavá, Miluše (advisor) ; Kocurová, Jana (referee)
The thesis is divided into theoretical and empirical parts. The corresponding chapters of theoretical part are focused on the anatomy of the genital tract of women, the menstrual cycle, fertility and fertile age. Then follows discourse on family planning methods from different points of view (public health, social service, economy and low). Next chapter concentrates on modern contraceptive methods, compares each of them and analyses the advantages and disadvantages of parethood planning methods. The empirical part consists of quantitative research based on a questionnaire survey which was carried out among women of fertile age. The researched group consists of 106 respondents. The main aim of the thesis is to determine whether women in the CR planning their parenthood. The results of the research are showing that more than 77 % of women in reproductive age are planning their parenthood and relatively well can prevent unwanted pregnancies using various contraceptive methods. More than 50 % of investigated respondents prefer method of hormonal contraception. The results of the research are represented by tables and graphs. Keywords: Fertile age, positive planning of parenthood, assisted reproduction, negative planning of parenthood, contraception, abortion, healthy lifestyle
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Legal aspects of assisted reproduction
Thalerová, Nicol ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Reproductive Medicine currently represents one of the fastest growing medical fields. The birth of Louise Joy Brown as the first baby conceived in vitro fertilization or in vitro, is considered being the historic milestone in development of the treatement methods in assised reproducion. Ethical discussions regarding the admissibility of these methods have developed as a result of technological advance of the infertility treatment. Adequate response of applicable law was required on the currant state of medicine which resulted in the need to regulate legally this field whether it's about establishing of assumption of fatherhood with regard to determination of fatherhood of a child conceived through artificial insemination, as well as determination of the basic conditions for the access to assisted reproductive techniques. Originally, the legislation of artificial insemination was defined only in the implementing regulation of the Ministry of Health, as the reproductive technologies were entirely new area. Today, the area of assisted reproduction is regulated in Act no. 373/2011. This thesis deals with the regulation of the assisted reproduction and it focuses on the controversial methods and procedures which are based on child sex selection, gamete donation and donor anonymity and also it deals with...
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Surrogare maternity
Masaříková, Andrea ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Surrogate maternity ABSTRACT This graduation theses deals with surrogacy, which is really an actual and discussed issue at the present time. The thesis is divided into three main chapters, the first one is devoted to assisted reproduction, the second one belongs to surrogacy, the third chapter deals with determining parentage of artificial insemination. The first part considering assisted reproduction contains a short analysis of this issue from the medical and juridical point of view and also shows an overview of interfility causes and their therapies. The second chapter shows legal regulations of surrogacy abroad that could be seen as an inspiration for both, the current and future legislation of the Czech Republic. This chapter also pays attention to particular law institutes that temporarily adjust this subject-matter, especially the contracts between surrogate mother and requesting couple, adoptions by surrogate mother and is briefly focused on criminal legislation. A view at the change of legislation in connection with acceptance of new civil code is part of this chapter as well. The third and the last chapter is devoted to determination of parenthood. As regards the paternity, there are three basic hypothesis accepted, that are however modificated by the legislation of asisted reproduction in some...
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Womenś awareness of methods of assisted reproduction in the Czech Republic
Dolejšková, Michaela ; Černý, Andrej (advisor) ; Šimják, Patrik (referee)
The theme of my thesis is women's awareness about the methods of assisted reproduction in the Czech Republic. The work is devided into a theoretical part and practical part. In the theoretical part I deal with the physiology of reproductive organs of women and men, further I describe the term infertility and its causes. In the following chapters I focus on the process of finding a specialist, subsequent examinations and possible methods of assisted reproduction. In the practical part I examine the awareness of women in this area. As a data source I use an anonymous quantitative questionnaire, shared on social networks, filled in by women of different ages. 193 women completed the questionnaire. I made several hypotheses, which I confirmed or refuted thanks to the answers. Research has confirmed the hypothesis that more than half of women know when and to which doctor to address fertility problems. Subsequently, the second hypothesis was confirmed-most women know at least some of the risk factors affecting fertility. Furthermore, I assumed that most women are aware of the importance of age in the pursuit of conception. Although I confirmed the hypothesis thanks to a questionnaire survey, but not every woman knows how low the age at which fertility reduction begins to manifest. I refute the...
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Determination of Parenthood
Šilarová, Věra ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
Determination of Parenthood (Abstract) The determination of parenthood is undoubtedly a very topical issue. There are significant changes which are consequences of modern society approach to the family life as well as of massive progress in the field of medical science and genetics. The development in these areas has brought new concepts such as baby-boxes, assisted reproduction and surrogacy. Now it is up to the legislation to provide rules within the legal framework for these new institutions to steady parental relationships and to secure their protection as well. The aim of this thesis is to familiarize the reader with Czech legal regulation of determination of parenthood by means of its description and analysis. Another aim of the work is to compare this legal regulation with regulation in other countries, in particular in Germany and to find similarities and differences between them. Finally the thesis highlights new institutions within determination of parenthood. This thesis consists of nine chapters which deal with particular parts of its subject-matter. The opening chapter discusses the relationship between a parent and a child both theoretically and historically. Apart from that it also describes legal regulations applicable in the Czech Republic and Germany in the course of time. The second...
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Legal issues of Surrogacy
Antošová, Barbora ; Holčapek, Tomáš (advisor) ; Salač, Josef (referee)
This master thesis deals with the issue of legislation of surrogacy. Development in the area of reproductive medicine as the first "test tube baby" in 1978 and following medical progress has inevitably brought development expansion of this institute. This institute, although that it brings with itself many ethical, social and legal questions, is not legally regulated in the Czech Republic (except one provision, Art. 804 of the Civil Code). Therefore, this master thesis tries to provide a proposal of legislation which might be adopted in the Czech Republic, using primarily analytical and comparative methods. After the surrogacy is explained and forms and models of it are described, the international framework is clarified. Although many states realize actuality of this topic, there has not been any international legislation adopted that would regulate e.g. surrogate tourism, until this day. However, there is a certain guideline, namely the interest of a child, as the European Court of Human Rights judged. State's legislations range on the scale from criminalization (France) to legalization of its commercial form (Ukraine). After evaluation of legislation of some states whose regulations show real functioning of models of surrogacy, it is clear that the United Kingdom of Great Britain and Northern...
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Reflection of the right to know one's own origin in the Czech legal order (critical study)
Morongová, Tereza ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Abstract, Keywords The thesis concerns itself with the analysis of Czech legislation currently in effect with respect to the right to know one's origin. Discussed are the contents of this right, the legislation's addressees, Article 7 of the Convention on the Rights of the Child including the reservations to it made by the Czech Republic. The affected Czech regulations and their reforms are also talked about. Attention is also given to the issue of determining one's parentage. The bulk of the thesis is made up of analyzing the issues of assisted reproduction, surrogacy, adoption, anonymized and confidential childbirths, and baby boxes in regard to protecting the right to know one's origin. The thesis aims to critically evaluate current legislation, point out its shortcomings and suggest possible future development as the right to know one's origin isn't currently being given enough attention. Some of the aforementioned institutes aren't set out in law at all, others give preference to the anonymity of the child's biological parents. Adoption has recently seen some positive development with the recodification of the civil law, however even this is an area that leaves a lot to be desired as there still are certain faults and deficiencies of the legislation. Keywords: Right to know one's origin, assisted...
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Sufficiency of legislation on determination of child's origin?
Dvořáková, Veronika ; Hendrychová, Michaela (advisor) ; Frinta, Ondřej (referee)
This rigorous thesis deals with the issue of determining parenthood in connection with the child's right to know their origin. The basic question addressed by the present work is whether the old Roman principle of mater semper cert est, pater semper incertus es is still valid at present whether the child is guaranteed the right to know his / her origin. The main idea of the whole work is that the child should always be guaranteed the opportunity to learn about his / her background. The first chapter of this paper presents a brief introduction to Roman law. On the principles and foundations of Roman law stands the continental system of law, which is still based on its principles by the legislator. One of the basic postulates of Roman law is the principle of mater semper in iure certa est, the meaning of which is defined in this chapter. The second chapter deals with the issue of children's rights, especially about the child's right to know their origin. The third chapter already provides a detailed analysis of the current legal regulation of parental determination. This chapter of the thesis is followed by other chapters dealing with individual selected legal institutes, which find intervention in the child's right to know their origins and where the possibility of determining who is the parents of...
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