Paper's abstract

Pierre Murat, Stake of social structures or logic of fundamental rights?
Assisted human reproduction in not merely a technical gesture contributing to the birth of a child: the legal choices are deeply rooted in the filiation relationship, a key to family law. Resorting to AHR creates a set of individual claims coupled with a major stake for the evolution of kinship. Behind the satisfaction of individual cravings a recomposition of social structures is looming. The claims to personal autonomy have logically led to submit national laws to the filter of human rights. While acknowledging a right to the respect of the choice to become parent, the European Court of Human Rights has until now been essentially cautious by hiding behind a self-limitation, quite typical in fundamental rights matters when choices of society are at stake.

Key Words : AHR, filiation
t. 57, 2014 : p. 285-300

---