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- Title
GESTACIÓN POR SUSTITUCIÓN Y DERECHOS HUMANOS: ¿EXPLOTACIÓN O AUTONOMÍA SOBRE LOS CUERPOS DE LAS MUJERES?
- Authors
DA SILVA, WALDIMEIRY CORREA
- Abstract
Objective: The aim of this research is to analyze the existing debate on surrogacy or surrogate motherhood y and its impact in the field of human rights, with the intention of verifying whether, in light of international law, surrogacy can be considered a contemporary form of slavery. To this end, this work is structured around the following research questions: Are there elements within the practice of surrogacy that could be described as promoters of a situation of slavery? How is the debate on the relationship between surrogacy and slavery tackled internationally? Methodology: Apply a descriptive qualitative methodology, consisting of the review and analysis of the legal regulations, jurisprudence, doctrine and legal bibliography. The procedure to access the information from secondary sources has been carried out through the following search engines and bibliographic databases: Web of Science, Scopus, Google Scholar and Scielo. The various repositories and databases of the United Nations and specialized studies on the subject of surrogacy have been also used. Results: A state of the art on surrogacy is outlined, its meaning and scope of paid pregnancies, as well as the possible modalities and controversies involved. Through the contribution of the international doctrine and jurisprudence this study highlights the gap in the literature related to contemporary forms of slavery, from a perspective that also considers the exploitation and commercialization of women's bodies. Contributions: Firstly, this study analyses the qualifying aspects and the attributes that promote a situation of slavery. Secondly, it determines the possible violations of international legislation and other instruments of international law in the process of determining the property rights that could operate in the case of surrogacy. By identifying such elements, the study offers the instruments to identify the instances in which surrogacy could be considered a form of contemporary slavery.
- Subjects
SURROGATE motherhood; UNITED Nations; WEB databases; BIBLIOGRAPHIC databases; INTERNATIONAL law; PROPERTY rights; HUMAN rights; SEARCH engines
- Publication
Revista Jurídica (0103-3506), 2021, Vol 5, Issue 67, p381
- ISSN
0103-3506
- Publication type
Article