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Determination of parenthood
Pomplová, Hana ; Salač, Josef (advisor) ; Šustek, Petr (referee)
- Determination of Parenthood The topic of my thesis is Determination of Parenthood. With this topic are connected problems not only legal, but often also social and ethical. Parenthood affects all of us and it's an important aspect of human life. That's why there should be legal assurance in relationship between parent and child. Development in the field of medicine is still ahead (mainly thanks to methods of assisted reproduction and DNA analysis) and the rules of law should respond and deal with it. The aim of this thesis is describe and become acquainted with problematics of determination of parenthood, valorize how legislation responds to modern development and to propose possible changes. Thesis is prepared on the basis of existing legislation on the date of submission of the thesis. Thesis is divided into seven main chapters, which are divided to further subsections. First chapter deals with concept of parenthood and methods of determination. Second chapter describes historical development of legislation on Czech territory, since Roman law to recodification of civil law. Related third chapter concisely summarizes national and international legal sources of current legislation. Chapter four is about determination of maternity and problems of surrogacy, anonymous childbirth, concealed birth...
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Right to Have Children and Cross-border Reproductive Care
Roubíčková, Nikol ; Salač, Josef (advisor) ; Šustek, Petr (referee)
and Key words Title - Right to Have Children and Cross-border Reproductive Care Key words - cross-border reproductive care, reproductive tourism, assisted reproduction, access to reproductive care, causes of cross-border reproductive care, consequences of cross-border reproductive care, law evasion, right to procreate, right to have children Abstract - Children give a meaning to man's life. In today's world where more than 10 % of women suffer from infertility, assisted reproduction treatment (hereinafter referred to as "ART") occupies an important place. The topic of human reproduction is particularly delicate. There is no consensus on which ART methods are ethically acceptable and to whom ART should be provided. Therefore each and every state holds its own position in these matters. Difference among legal approaches results in patients seeking desirable treatment abroad. According to available data, most of the ART recipients travel abroad in order to evade legal barriers in their state of origin. Although in the most cases the ART abroad does not constitute any difficulties, in some cases problems may arise in connection with the treatment. States may try to prevent patients from traveling abroad in order to obtain the ART. They may try to protect themselves by refusing giving effect to legal...
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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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Political discourse of infertility in the years 1989 - 2012 in the Czech Republic
Kostelecká, Hana ; Dudová, Radka (advisor) ; Vávra, Martin (referee)
This thesis describes and analyses discourses that preceded the legislation changes regarding assisted reproduction in connection with setting an upper age limit for women who are undergoing assisted reproduction treatments in socialist system as well as in democratic system. This work defined discourses of both political systems compares with the accent on governmentality as a tool for population control. This analysis is valuable primarily because of describing principles of working the whole "system of assisted reproduction" and provides insight into the political discourse of infertility, respective on its part concerning the Czech legislation taking into account the phenomenon of reproductive tourism. No one from the topics - both the political discourse of infertility then the reproductive tourism have not had been in the Czech literature written up yet. The work shows the establishment of proper parenting standards in the political discourse through the topic of artificial insemination. Key words Infertility, assisted reproduction, reproductive tourism, discourse, frames, normality of motherhood, prekarization of infertility, governmentality, biopower, Michel Foucault
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Parenthood as the legal problem
Hanuš, Daniel ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
The aim of the thesis is to define content of various aspects of parenthood as they are currently perceived and treated in the legal order of the Czech Republic. The theme is reflected in the work with regard to its historical legal developments, including the reflection of the current Czech legislation. Mentioned is also legislation in terms of international law. It often represents the direction of Czech legislation. The main idea of the domestic legislation parenthood child's interest and the protection of basic human rights. The child is seen as a specific body of legal rules with all its peculiarities and increased need for legal protection with regard to their position in society. For contemporary society, which is child-centered, that is child-centered, are issues related to the rights of the child and his relevant status and position is important to be dealt with in relation to the child as possible and thoroughly as possible. The first part is devoted to the historical and legal aspects that are associated with parenthood issues. They discussed the basic concepts, such as a child, parenthood and family. Basic contents and meanings of these terms are viewed with regard to their interdisciplinary overlap. The core of the work, which is the most attention is the issue of motherhood. This...
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Psychological experience infertility and assisted reproduction in terms of infertile individuals
Vinterová, Lucie ; Tollarová, Blanka (advisor) ; Konečná, Hana (referee)
The aim of this dissertation was to find out how does a woman experience infertility and how do women experience the process of assisted reproduction, comunication with the personel in the centres of reproductive medicine, relationships with their surroundings, family and friends. This dissertation answers three main questions: How does a person experiences asisted reproduction? What kind of copying strategies they use to overcome the stress connected with assisted reproduction? How does an individual experience approach and communication skills of the personel of a centres of reproductive medicine. According to chosen topic of experiencing infertility I have chosen a qualitative research method in the form of case study. Basic strategy for sample selection was purposive (judgemental) sampling through centre of reproductive medicine. I have chosen grounded theory method for the data analysis. Standardized interview was made with every participant. Findings of this qualitative research brings the understanding to person experiencing infertility. Those findings will contribute to more empathy understanding to patiens and their partners during hard time in their life from health care profesionals working in centrs of reproductive medicine. The facts that emerged from this research forms a...
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Legal aspects of abortion, sterilization and assisted reproduction
Melčová, Barbora ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Název diplomové práce v anglickém jazyce: Legal aspects of abortion, sterilization and assisted reproduction Summary: The thesis deals with the three topics from the field of medical law, particularly abortion, sterilization and assisted reproduction. The issue of giving birth is the key here. The new Special Medical Services Act regulating, inter alia, some aspects of sterilization and assisted reproduction came into effect in April 2012. The previous regulation of these matters was outdated and some legal issues were not tackled at all. The first part of the thesis focuses on legal regulation of abortion, which is contained in the act from 1986 and in the implementing legislation. Especially the conditions of intervention itself, payments and intervention on juveniles (under 18) and foreigners in the Czech Republic are tackled. The regulation of other countries is mentioned and compared as well. The second part of the thesis deals with the legal regulation of sterilization, conditions of sterilization and contraindication as well. The specific problem of illegal sterilizations of gypsy women in the second half of the twentieth century is pointed out. These disputes were present even before the European Court for Human Rights in Strasbourg. The methods of assisted reproduction, as a modern way of resolving...
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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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Criminal aspects of assisted reproduction
Paták, Milan ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The concept of assisted reproduction is widely discussed by both professional and lay public. New scientific discoveries in the fields of biology and medicine as well as the use of methods and procedures that enable the emergence of new life raise number of issues, not only the legal ones. The purpose of this thesis is to provide the comprehensive survey of criminal law relationships which may arise in the context of providing the assisted reproduction. The thesis examines whether the current legislation guarantees sufficient protection of relations, interests and values covered by the Criminal Code. Within the analysis of crimes the thesis deals with the need for criminal repression and gives proposals de lege ferenda. The thesis is composed of five chapters. The first chapter is subdivided into two parts. Part One defines the concept of assisted reproduction, describes the historical overview of the events that preceded the current interpretation of the concept and explicates basic medical terminology related to the chosen topic. Part Two presents the basic principles on which the Czech regulation is established and contains specification of the relevant sources of law. The second chapter briefly characterizes the criminal and medical law and clarifies their relationship. The third chapter deals with the...
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Determination and denial of parenthood
Skočková, Sylva ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
The rigorous thesis deals with the determination and denial of parenthood and relevant legal regulations. The thesis is divided into eight chapters. The first section monitors the historical development of determining parenthood from the Roman era through modern European legal regulations to the current Czech legislation. The second part is addressed to major sources of law in terms of the determination and denial of parenthood, whereas the third one dwells on the crucial case law of the European Court of Human Rights. The fourth chapter clarifies issues related to the determination of motherhood including secret and anonymous childbirths. The fifth section engaged in assisted reproduction and surrogate motherhood is followed by the next part regarding the determination and denial of fatherhood. The seventh chapter comparing the Czech and the Slovak legal regulations comes next. The last passage mentions the relevant treatment in the New Civil Code.
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