Legal Aspects of Monitoring the Implementation of Reproductive Rights by Persons Suffering from Mental Disorders
Relevance. The authors review the problem of the implementation of the reproductive rights of persons with mental disorders, focusing on the public-legal aspects of birth control in this social group. The relevance of the study is due to the urgent need to resolve the demographic issue as one of the directions of state policy, which at the same time implies adequate control over childbearing among people with mental disorders. The significance of the study for determining the gender status of a person with mental disorder is particularly noteworthy. The purpose of the study is to identify the features associated with the implementation of reproductive rights by persons with mental disorders, and features of the control carried out in this area. Objectives: identifying the presence of prohibitions and restrictions related to mental health conditions of a citizen in family legislation; determining the prerequisites for changing the state's position on the formation of a list of social indications for artificial termination of pregnancy; studying the mechanism of influence on the reproductive function of women with mental disorders; identifying legally significant circumstances that characterize the conditions for the implementation of the right to motherhood of a woman with a mental disorder; consideration of the implementation of reproductive rights by men with mental disorders. Methodology. The methodological basis of the study consists of the dialectical-materialistic method of scientific cognition. In the study there were used general scientific and private scientific methods of scientific cognition: system, analysis and synthesis, logical, comparative legal, formal legal and others. The results of the study are characterized by a complex, theoretical and applicable nature, which is the basis for the development of the discussion on the topic of the study. Conclusions. The article presents a number of reasoned conclusions about the existing gaps and shortcomings in the mechanism of legal regulation of the relevant relations, as well as about the trends in the formation of law enforcement practice from the point of view of the correlation of private and public interests in the implementation of reproductive rights by persons with mental disorders.