Dadiya, Jinal. 2025. A Right to Health Case for Access to Affordable Procreative Assistance. Human Rights Law Review, ISSN 1461-7781 [Article] (Forthcoming)

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Abstract or Description

This article contends that States have procedural and aspirational obligations towards the provision of affordable procreative assistance. I locate this obligation on a normative understanding of the human right to reproductive health that accounts for lived experiences of reproductive decision-making and involuntary childlessness. I argue that while involuntarily childlessness should not be viewed as a disease or pathology, there is nevertheless, a healthcare entitlement to procreative assistance as a means of furthering valued liberties and autonomies. Further, this article argues that involuntary childlessness arising from ‘social’ reasons is sufficiently similar to instances where it is caused by physiologically diagnosable infertility. Drawing on this, I make a case for parity in access for same sex couples, older women, single women, and seekers from underserved communities.

Item Type:	Article
Keywords:	Right to Health, Reproductive Justice, Procreative Assistance, Socio-Economic Rights, IVF, Fertility
Departments, Centres and Research Units:	Law
Dates:	Date Event 7 January 2025 Accepted
Item ID:	38122
Date Deposited:	21 Jan 2025 10:54
Last Modified:	21 Jan 2025 16:08
Peer Reviewed:	Yes, this version has been peer-reviewed.
URI:	https://research.gold.ac.uk/id/eprint/38122

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