Modern Jurisprudence and Law

Modern Jurisprudence and Law

Potentials of Arbitration Institutions in Resolving International Commercial Disputes Focusing on Branding and Protecting the Legal Reputation of Companies

Document Type : Original Article

Authors
Naser Safaian Hamzeh Kalai 1
Ali Mohammadiayan 2
1 Department of Civil Engineering, Bozorgmehr University of Qaenat, Qaen, Iran
2 Department of Fiqh and Islamic Law, Bozorgmehr University of Qaenat, Qaen, Iran
10.22034/jml.2026.733437
Abstract
One of the main concerns is the possibility of producing defective offspring and transmitting genetic diseases and the concern for the child's future, given that the right to form a family and have children is an inalienable right of every human being, but the right to have children of people with genetic disabilities is ambiguous. The purpose of this study is to explain the right to have children of couples with genetic disabilities and to analyze the legal prohibition of the right to have children in such couples. The question raised in this study is what should be done in the conflict between the rights of couples with genetic disabilities to marry and have children, and the preservation of public health and the protection of the rights of the future child, and which should take priority? The findings of the study indicated that, based on general and specific human rights documents, the right to have children, an independent right, has been accepted for couples with genetic disabilities like other people, and there is no prohibition in international documents or domestic laws in the event of the possibility of their children suffering from similar disabilities. People with disabilities, like other people, have the right to a family, and this right is a broad concept that, in addition to marriage, includes concepts such as the feeling of becoming a parent, freely deciding on the number and spacing of children, and equal rights with others regarding guardianship and adoption, which should not be denied on the pretext of believing that a person with a disability is incapable or in the best interest of the child. The proposed solution is minimal government intervention in the rights of individuals, by prioritizing the interests of the future child and committing to providing free medical services, premarital counseling, and increasing the level of awareness of couples through education.




 
Keywords
The right to procreate, genetic disability, forced abortion, sterilization, the right to fetal health
Subjects