Principles of art in Serbian and European laws and stands of Christian orthodox church on art

In: Zbornik Matice Srpske za društvene nauke: Proceedings for social sciences, Heft 148, S. 737-746

Abstract

In Serbia, Biomedically Assisted Fertilization is regulated by the Act on
Treatment of Infertility with Biomedically Assisted Fertilization Procedures
from 2009, and by the Family Act from 2005, the provisions on the family
status of the child. In European context, the principles of the application
of biology and medicine are regulated by the Council of Europe Convention
from 1997 for the Protection of Human Rights and Dignity of the Human Being
with regard to the Application of Biology and Medicine (Convention on Human
Rights and Biomedicine). In this paper, Serbian law is compared with
European law as well as the stands of Christian Orthodox Church which
represents the dominant religion in Serbia. Comparison of principles
stipulated in the Act and the Convention with the stands of the Christian
Orthodox Church shows that domestic law, European law and stands of
Christian Orthodox Church are based on similar grounds. It is the protection
of human being, human dignity, and application of principle of medical
justification. However, there is great difference of opinions when the
question of acceptable and allowed procedures is raised. For example, there
is an opinion that donor insemination is not in compliance with Christian
Orthodox stands. On the contrary, positive law accepts donor insemination,
both sperm and egg donations. As regards the surrogate motherhood, this is
unacceptable for Orthodox Church and it is still not allowed in Serbia, but
de lege ferenda it might be permitted in Serbia, as the Draft of Civil Code
proposes that surrogate motherhood should be permitted and regulated by a
new law.