| Abstract [eng] |
Personal Autonomy and Limits of Legal Regulation Personal autonomy is one of the most important principles under which the legislative authority is creating the laws. However, personal autonomy is not absolute, individuals are allowed to act freely within their limits of autonomy, as long as it does not interfere with the autonomy of others and does not violate other rights and values which are also protected by law. This master's thesis analyzes the relationship between personal autonomy and legal regulation. To illustrate the topic, it is chosen to analyze the legal regulation of a person's reproductive rights (termination of pregnancy, assisted reproduction, giving birth at home), because of the frequent public debate on these topics. The individual's autonomy in the field of reproduction is not only important for the implementation of autonomy as a value, but it is in the area of autonomy that human rights are guaranteed and protected. The thesis analyzes the autonomy of a person as interpreted by Lithuanian courts and the European Court of Human Rights, as well as presents the concepts of individual autonomy of different scholars, explores whether there are similarities among different concepts. According to the selected features of personal autonomy, the limits of a person's autonomy as defined in the legal acts of the Republic of Lithuania regulating termination of pregnancy, assisted fertilization and home birth are analyzed. The European Court of Human Rights has recognized that individual autonomy is an important principle underpinning the interpretation of Article 8 of the Convention. However the members of Council of Europe do not always ensure respect for the personal autonomy, and thus seek to clarify when limitations of personal autonomy can be justified under the Convention. |
