International Journal of Legal and Comparative Jurisprudence Studies

Volume 3 - Issue 2 (3) | PP: 123 - 144 Language : العربية
DOI : https://doi.org/10.31559/LCJS2022.3.2.3
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Denial of the Possibility of Childbearing

Mamdooh Khaleel Al Bahar
Received Date Revised Date Accepted Date Publication Date
6/4/2022 28/5/2022 26/6/2022 29/8/2022
Abstract
What is meant by depriving the biological ability to reproduce is to eliminate the function of the reproductive system by using surgical or other means that prevent pregnancy permanently. Sterilization may take place in men through the method of castration, as it is done by cutting the seminal duct, which is the duct that transports sperm from the testicle to the seminal vesicle, or by connecting this channel or blocking it with chemicals. As for sterilization in women, it is disrupting the function of the fallopian tubes by tying them, cutting them, or blocking them with chemical means so that the sperm cannot reach the egg for fertilization. There is another method, which is the removal of the ovaries from the woman's body, and this process is similar to castration in men. These acts, if they are committed intentionally or forcibly, constitute a clear aggression against the human right to his/her physical integrity, and this is what was expressed in Article Seven of the Statute of the Permanent International Criminal Court on the occasion of the investigation into crimes against humanity, and Article (8) eight on war crimes, where the negotiators agreed during the discussions held on the Statute of the Criminal Court regarding cases of sex and its crimes, and the importance of the right to in reproductive health, which constitutes a flagrant attack not only of the human right to physical integrity, but also of the human right to control and decide freely and responsibly in issues related to his sexual life including reproductive, such as forced pregnancy and deprivation of the biological ability to reproduce.


How To Cite This Article
Al Bahar , M. K. (2022). Denial of the Possibility of Childbearing. International Journal of Legal and Comparative Jurisprudence Studies, 3 (2), 123-144, https://doi.org/10.31559/LCJS2022.3.2.3

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