Saturday 23 October 2010

Malta Today: Banning sperm, egg donation will stop gay couples from becoming parents – MGRM

http://www.maltatoday.com.mt/news/banning-sperm-egg-donation-will-stop-same-sex-couples-from-becoming-parents-%E2%80%93-mgrm

NATIONAL Thursday, October 21, 2010; By Matthew Vella

MGRM: "The decision to provide access to assisted reproduction treatments to cohabiting couples in stable relationships is most welcome, the fact that this has been limited to heterosexual couples is discriminatory."

Malta Gay Rights Movement says limiting IVF to heterosexual couples goes against principle of equal treatment.

The Malta Gay Rights Movement has raised objections to a report by the parliamentary select committee on assisted reproduction, that limits IVF to heterosexual couples only.

Referring to the banning of sperm and egg donation by third parties, Calleja said this directly affects the possibility of single women as well as same-sex couples of becoming parents and is therefore deplored.

Calleja added that the suggestion that individuals who undertake fertility treatment abroad could be obliged by law to register the donation of sperm in Malta, raised serious human rights concerns particularly with respect to the right to private and family life.

"While the decision to provide access to assisted reproduction treatments to cohabiting couples in stable relationships is most welcome, the fact that this has been limited to heterosexual couples is discriminatory and goes against the principles of equal treatment as established by the European Court of Human Rights," spokesperson Gabi Calleja said.

Calleja was referring to the case of Schalk and Kopf against the Austrian government, which held that same sex couples living in a stable relationship constitute family life. In other cases, states like Austria and Poland had acted in violation of article 14 (prohibition of discrimination) when they treated cohabiting same-sex couples differently from cohabiting opposite-sex couples.

"The decision to restrict assisted reproduction services to couples is inconsistent with the government's current legislation and policy with respect to fostering and adoption both of which allow individuals to apply as single parent," Calleja said.

The MGRM said it supports the recommendation to allow the freezing of embryos, but disagrees with any pressure on the parents to make use of all the embryos frozen. "Any such obligation would be an infringement of the CEDAW convention which establishes the right for women to decide freely and responsibly on the number and spacing of their children… (Article 16.e)."

"The MGRM therefore urges government to ensure that any legislation enacted is inclusive and respectful of international human rights principles as enshrined in various treaties and conventions and to provide equal treatment to all its citizens, particularly in access to health services."

[Click on the hyperlink above to view the comments on Malta Today's website.]

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