Human dignity in the Assisted Human Reproduction Act
Subtitle: an alternative conception
By: by Angela Michelle Long.
Published: 2005
Language: eng
Number of pages: 153
Subjects: University of Toronto. -- Faculty of Law -- Dissertations.; Canada.; Human reproduction -- Law and legislation -- Canada.; Human rights -- Canada.
Description: Human dignity is one of the underlying principles behind the Assisted Human Reproduction Act. While the term has been used extensively within law, both national and international, its exact meaning remains unclear. This paper looks at the use of human dignity within both the Assisted Human Reproduction Act and within Canadian law generally, through looking at the Canadian Charter of Rights and Freedoms and  Charter jurisprudence, and determines that the two uses are in fact different, each based on a different philosophical theory. While the use of human dignity within Canadian law adheres to an individual/empowerment theory, its use within the Assisted Human Reproduction Act adheres to a communitarian/constraint theory. Based on this fundamental difference in underlying theory, it is argued that the conception of human dignity within the Assisted Human Reproduction Act cannot justify its harsh criminal prohibitions.
Notes: Thesis (LL.M.)-University of Toronto, 2005.

Includes bibliographical references (leaves 147-153)

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