REGIONAL SYSTEM OF HUMAN RIGHTS PROTECTION

Regional System of Human Rights Protection

Question 1

Donor child's right to privacy have a collision with the privacy right of the other participant. The power of the right is partly decided with the significance of the child's identity information. Regardless of the weight of the child's right to positive privacy is adequately strong enough to overrule the negative privacy right of the parents do not share their procreative options with others. This fact however is still under discussion and requires more debate. Proponent of children rights often neglect the significance of parents infertility problem. This in turn affects the societal image of the parents in an adverse manner, because their problem of infertility or other problems in future become known to their children and in some cases become know publicly. The fundamental objection in this regard may appear that the image of the parents who once were the hero for children torn apart, and expose children to mental trauma, which in long run will affect their performance and productivity substantially (Frith, 2001). In relation to the case under discussion, it is advised for the judge who has been assigned the case to first of all inquire about the purpose of Kenny Lonely to know obtain information about his biological father.

The case presented may have varied dimensions, which needed considerations. First of all, in many European countries a child has the right to know his or her biological father, once he or she reaches the age of 18. In relation to this, if Keeny Lonely has reached the age of 18 and intends to inquire about her father and any specific law or agreement related to sperm donor does not restrict to disclose his personal information, than Judge may consider asking the concerned authorities to facilitate the basic information regarding her father. However, intentions must be determined first, because Keeny Loone may lose her social father and mother in search of her biological father. Thus, the Judge must also ask the mother (in absence of Keeny Loone) of the Keeny Loone and her partner in order to understand the prevailing family situation. There might be the possibility that her parents do not endorse to disclose the information to her, because they might become less important in her life (Ballantyne, 2012).

However, upon inquiry if it is revealed that she wanted to know her father because of some genetically transferred disease, than the case shall be dealt in accordance with it. Another option is that judge may present her the option of obtaining non-identifying information related to her father which is permissible by the law and will not harm the privacy of the sperm donor. Analysis of the case also reveals the possibility that court may ask the concerned authorities to present the details of the sperm donor to the court and the court in turn shall ask the sperm donor if he has no objection of the disclosure of his personal information (Frith, ...