Fondation Brocher

Mathieu, G. (Chercheur visiteur)

Activité: Types de Visite d'une organisation externeRecherche/Enseignement dans une institution externe

Description

The right to know its origins - Séjour de recherche à la Fondation Brocher, en Suisse.

Law, Bioethics - Medical ethics, Psychology Issues of secrecy and anonymity come back repeatedly in a series of topics related to parentage and procreation : adoption, birth secret, assisted reproduction with donor, surrogacy, incest, DNA test. Has the legislator the right to deny a human being to know where it comes from? Should the law recognize and ensure to all individuals the right to know his maternal and paternal origins? On an international scale, should we recognize a human right to know its origins? And besides, what is meant by “origins”? These are the various questions that the thesis tries to meet, in an approach combining comparative and multidisciplinary, before developing a model for resolving conflicts that may arise between the right of an individual to know its origins and the right of others persons, more specifically the one of the biological parents but also of legal parent (adoptive parents, authors of parental project, …), to privacy. This model is based on the technique of the balance of interests and is founded on the case law of the European Court of Human Rights. Built around a gradation in the lifting of the secrecy of origins, based on both the context in which the secret is laying, on the different levels of the search for identity and the need to respect the interests of the child, this model is established by reference to Belgian law which he revealed some gaps that the thesis tries to overcome de lege lata and de lege ferenda. It is intended to apply equally beyond Belgian borders as it seems crucial that each State makes the maximum progress towards the recognition and enforcement of the right of every person to know its origins. My stay at the Brocher Foundation will be an opportunity for me to push further my research on the more specific question of the sui generis action in establishing origins as it exists in Swiss law, so as to integrate it into Belgian law of parentage
Période1 févr. 2015 - 28 févr. 2015
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mots-clés

  • Bioéthique