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The future of surgogacy in the legal system of the Czech republic
Pěnkava, Jan ; Frinta, Ondřej (advisor) ; Lederer, Vít (referee)
1 The Future of Surrogacy in the Legal System of the Czech Republic Abstract This rigorosum thesis deals with the analysis of the current legal status of surrogacy in the Czech Republic and the possible future legal regulation of this institute while maintaining the current systematics of key legal norms and preserving the core values protected by the Czech legal order. The aim of this thesis was to confirm that the prohibition of surrogacy is implicit in the domestic legal system, to identify possible international obligations concerning surrogacy and to propose key principles for future legislation. The first chapter of the thesis analyses the term of surrogacy and terms related to it. The second chapter of the thesis is devoted to the constitutional framework of the issue and analysis of the case law of the European Court of Human Rights and the Constitutional Court. The third chapter is devoted to the content analysis of the surrogacy contract as a key defining sign of surrogacy and subsequent analysis of the key norms of the Civil Code that impact on surrogacy. The fourth chapter of the thesis is devoted to public regulation, in particular an analysis of the Law on Specific Health Services, the Law on Special Court Proceedings, the Criminal Code, the Labour Code and social security legal norms. From...
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Surrogate motherhood in European countries
Hovorková, Jana ; Elischer, David (referee)
Surrogacy is a contemporary and highly controversial social issue. It is closely linked to assisted reproduction, bioethics and the status rights of the individual. It is generally considered an alternative, extreme way to treat infertility, but it raises a number of moral, ethical and legal issues. Solutions are approached by individual states on individual bases, in the context of cultural, historical and religious values and traditions professed by their societies. This work deals with the comparison of individual national views on surrogacy, which are reflected in the legislation. It compares the German, French and Spanish regulations, as a representative sample of restrictive approaches and the British and Ukrainian regulations, which in turn reflect the supportive attitude toward surrogate motherhood. The dynamic development experienced by the legislation on surrogacy in Portugal is highly interesting. The ruling of the Portuguese Constitutional Court provides valuable insight into the current thinking of the democratic rule of law on surrogacy and its adjustment to meet the standard of human rights protection. The work also describes the dangers posed by cross-border surrogacy using relevant case law, especially with regard to the protection of the best interests of the surrogate child. It...
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Surrogate motherhood in European countries
Hovorková, Jana ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Surrogacy is a contemporary and highly controversial social issue. It is closely linked to assisted reproduction, bioethics and the status rights of the individual. It is generally considered an alternative, extreme way to treat infertility, but it raises a number of moral, ethical and legal issues. Solutions are approached by individual states on individual bases, in the context of cultural, historical and religious values and traditions professed by their societies. This work deals with the comparison of individual national views on surrogacy, which are reflected in the legislation. It compares the German, French and Spanish regulations, as a representative sample of restrictive approaches and the British and Ukrainian regulations, which in turn reflect the supportive attitude toward surrogate motherhood. The dynamic development experienced by the legislation on surrogacy in Portugal is highly interesting. The ruling of the Portuguese Constitutional Court provides valuable insight into the current thinking of the democratic rule of law on surrogacy and its adjustment to meet the standard of human rights protection. The work also describes the dangers posed by cross-border surrogacy using relevant case law, especially with regard to the protection of the best interests of the surrogate child. It...
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