Birthing new human rights : reflections around a hypothetical human right of access to gestational surrogacy

We address a number of questions about the genesis of ‘new’ human rights. First, there is the question whether an ssue can be considered under international law as the object of a human right if it is already being considered as a human rights violation. Next, this comment will look into the question when or why a certain matter is considered to be a human right in its own right, instead of being an application or interpretation of a pre- existing right. This is followed by an analysis of the classic discussion about ‘new’ human rights, i.e. the question regarding the criteria against which an aspiring new human right is to be tested. The fi nal question that is addressed concerns the impact of scientific progress on the genesis of human rights.

ISBN:9781108676106

Jaar van publicatie:2020

Toegankelijkheid:Closed