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KMID : 0986720090170020085
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Korean Journal of Medicine and Law
2009 Volume.17 No. 2 p.85 ~ p.107
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A study on the reproductive health rights of women : focusing on the egg donation and the gamete recipience
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Kim Eun-Ae
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Abstract
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The Reproductive health rights is the right to guarantee the state of complete physical, mental and social well-being in all matters relating to the reproductive system and to its functions and processes, so the reproductive health rights is the one of the human rights. The egg donor and the gamete recipient must be able to possess and enjoy the reproductive health rights. In Korea, this right has been secured by the constitutional law and so forth, but the legal secure of this law has been intended only for the protection of the motherhood to guard the physical health of the pregnant and the baby. Recently, 「Bioethics and Safety Act」 was revised, so the egg donor"s reproductive health can be protect. But the measure in this Act is insufficient to guarantee the reproductive health rights of the woman as the egg donor and the gamete recipient. Consequently, the standard to compensate the actual expense for the egg donation must be reset up to be able to pay for the enough care of the side effect as well as the medical treatment, the legislation must be prepared to manage and control the sperm donation and the sperm bank, and such like. From this day forward, we have to respect the woman"s reproductive health rights as the human rights of the all woman to guarantee the state of complete physical, mental and social well-being in all matters relating to the reproductive system and to its functions and processes.
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KEYWORD
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reproductive health rights, egg, egg donation, gamete recipience, Bioethics and Safety Act
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