جستجوی مقالات مرتبط با کلیدواژه « reproductive autonomy » در نشریات گروه « فقه و حقوق »

Undoubtedly, one of the most important right enjoyed by human beings, including men, is the right to be free and has autonomy to decide on the right time to have children and the appropriate number of children, but sometimes this right is violated as a result of medical errors and leading to loss of opportunity to have children or on the contrary, lead to become an involuntary fatherhood. In such cases, proving the damage is the most important challenge to compensate, because loss of sperms removed from men's body or using the stored sperms against their will, does not exactly match to the traditional divisions of damages in civil responsibly law. On one hand, this damage cannot be considered a kind of physical damage, because sperm removed from the body cannot be called a body, and no physical injury has been sustained to the body, and on the other hand, it cannot be considered as an example of financial damages. This is because the parts of body do not have the nature of property and the rules governing the property relationship with objects cannot be applied to human body’s parts. This research attempts to address this challenge with a descriptive and analytical approach. Findings of this research show that, because of male sterilization and abortion are not accepted as a legal right in the Iranian legal system, so claims in the field of prevention of fertility, that are acceptable in other legal systems, cannot be claimed in Iranian legal system. However, in the case of errors in the field of infertility treatment, the violation of a men's reproductive autonomy can be compensated as a kind of moral damage, relying on Article 1 of Civil Responsibility Act, which has accepted damage to individual freedom as a compensable damage.