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Assisted Reproduction, Discrimination, and the Law (Paperback)
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Assisted Reproduction, Discrimination, and the Law (Paperback)
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The numbers of women undergoing Assisted Reproduction Technology
(ART) treatments have risen steadily, yet they remain largely
outside the scope of equality and employment law protection while
undergoing treatment. Assisted Reproduction, Discrimination, and
the Law examines this gap in UK law, with reference to EU law as
appropriate, and argues that new conceptions of equality are
necessary. Drawing from the literature on multidimensional and
intersectional discrimination, it is argued that an
intersectionality approach offers a more useful analytical
framework to extend protection to those engaged in ART treatments.
Drawing from Schiek's intersectional nodes model, the book
critically examines two alternative interpretations of existing
protected characteristics, namely infertility as a disability, with
reference to the social model of disability and the UN Convention
on the Rights of Persons with Disabilities 2006, and redefining the
boundaries of pregnancy and/or sex discrimination, with reference
to attempts to extend associative discrimination to pregnancy.
Comparisons are drawn with the US, where infertility has been
recognised as a disability under the American's with Disabilities
Act 1990 and as a pregnancy-related condition under the Pregnancy
Discrimination Act 1978. A specific right to paid time off work to
undergo treatment is also proposed, drawing comparisons with the US
Family and Medical Leave Act 1993 and the existing UK work-family
rights framework. It is argued that the reinterpretations of
equality law and the rights proposed here are not only conceptually
possible, but could practically be achieved with minor, but
significant, amendments to existing legislation.
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