The Role of Constitutional Provisions in Protecting Artificial Reproductive Technology: A Comparative Analysis of the United Kingdom, France, Germany, Italy, and the United States

Authors

Gabrielle Kleyner

Abstract

Artificial reproductive technology (ART) is a common medical treatment for individuals struggling with infertility. However, accessibility depends largely on social, economic, and legal factors. This article will examine the role constitutional provisions play in protecting access to ART, comparing countries with constitutional provisions protecting the right to health like the United Kingdom, France, Germany, and Italy, with the United States, which lacks such safeguards. This article will begin by comparing the constitutional provisions protecting the right to health broadly and then explore the specific guidelines governing ART. The article ultimately finds a relationship between constitutional health protections and access to ART services, concluding that countries with constitutional provisions protecting the right to health are generally better equipped to provide ART services compared than countries with no constitutional safeguards protecting the right to health.

Recommended Citation

Gabrielle Kleyner, The Role of Constitutional Provisions in Protecting Artificial Reproductive Technology: A Comparative Analysis of the United Kingdom, France, Germany, Italy, and the United States, 14 Hastings Sci. & Tech. L.J. 261 (2023).
Available at: https://repository.uclawsf.edu/hastings_science_technology_law_journal/vol14/iss2/3