The thesis addresses the reproductive self-determination of men and women as a relatively new legal interest in criminal law. Particular attention is devoted to distinguishing between the positive aspect of this right, which encompasses the free decision to conceive a child, and the negative aspect, which refers to an individual’s right not to conceive or allow the conception of a child against their will or regardless of it. The current Criminal Code does not systematically protect reproductive self-determination as an independent legal interest, but only indirectly and fragmentarily through other protected interests. Special emphasis is placed on contemporary forms of interference, such as contraceptive sabotage, deception regarding fertility, unauthorized use of reproductive cells, fertilization without valid consent, and manipulation in reproductive medicine procedures. Such conduct often does not meet the statutory elements of existing criminal offences, which is why, in most cases, it remains unpunished. Therefore the thesis suggests a separate criminalization that protects reproductive self-determination independently of the method of its' abuse.
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