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Editorial: Rights and Procreative Liberty

Published online by Cambridge University Press:  09 May 2007

DORIS SCHROEDER
Affiliation:
The Centre for Professional Ethics, University of Central Lancashire, Preston, United Kingdom
Rights & Permissions [Opens in a new window]

Abstract

“Health and Human Rights,” edited by Doris Schroeder, welcomes contributions on all areas outlined below. Submitted papers are peer-reviewed (short discussion papers will be reviewed by at least one, full papers by at least two reviewers). To submit a paper or to discuss suitable topics, please e-mail Doris Schroeder at dschroeder@uclan.ac.uk.

Type
HEALTH AND HUMAN RIGHTS
Copyright
© 2007 Cambridge University Press

In 1994, John Robertson coined the phrase “procreative liberty.” He argued that prospective parents' autonomy should remain as unconstrained as possible by state interference with one proviso, namely: “procreative liberty be given presumptive priority in all conflicts, with the burden on opponents of any particular [new reproductive] technique to show that harmful effects from its use justify limiting procreative choice.”1

Robertson JA. Children of Choice: Freedom and the New Reproductive Technologies. Princeton, NJ: Princeton University Press; 1994:16, my emphasis.

In other words, unless opponents of procreative liberty can prove harmful effects of the use of new reproductive technologies, state intervention is unwarranted. Similarly, John Harris argued that reproductive choices “must be taken seriously as moral claims.”2

Harris J. Sex selection and regulated hatred. Journal of Medical Ethics 2005;31:291–4 at p. 293.

According to Harris, a recent report by the British Human Fertilisation and Embryology authority (HFEA) did no such thing. By ruling out sex selection for reasons other than avoiding serious sex linked disorders, they attempted to “formalise the tyranny of the majority and to institutionalise contempt for the principles of liberal democracy.”3

See note 2, Harris 2005:294.

In his paper “Parental Love and the Ethics of Sex Selection” (the first of two on the subject), Peter Herissone-Kelly takes a standard intuition (“the tyranny of the majority”) about a clash between parental love and sex selection to test whether a philosophical argument could be produced in support of it. Thus, he develops a possible philosophical argument to support the prescriptions by the HFEA.