1st Edition
Assisted Reproduction, Discrimination, and the Law
Chapter 1: Introduction
Introduction
Assisted reproduction Technologies (ART) treatments
Assisted reproduction, discrimination and the law
Chapter overviews
Chapter 2: Current conceptions of equality and the limitations for those involved in assisted reproduction
Introduction
Pre-conception protection: the limitations of EU and UK law
Childcare rights: Commissioning mothers in surrogacy
The jurisprudence on commissioning mothers
The Children and Families Act 2014
A multidimensional, multiple or intersectional approach towards equality law?
Multidimensional discrimination and the legal framework
Setting the theoretical frame: ART treatments and intersectionality
Conclusion
Chapter 3: Conceiving a more social model of disability: infertility as disability
Introduction
Intersectionality, Infertility and models of disability
Infertility and the medical model of disability
Infertility and the limitations of the EU interpretation of the social model of disability
Reinterpreting disability: adopting an intersectionality approach
Infertility as disability: the Americans with Disabilities Act 1990
Challenging the boundaries of disability
Infertility as disability: reproduction confirmed as ‘a major life activity’
Reinterpreting disability: Lessons for the UK
An alternative interpretation of disability
Infertility and additional CRPD obligations
Conclusion
Chapter 4: Conceiving a new interpretation of pregnancy and sex discrimination: redefining the boundaries
Introduction
Intersectionality and the boundaries of gender discrimination
Pregnancy discrimination: from gender equality to specific rights
The limitations of pregnancy discrimination
Sex discrimination revisited
Redefining the boundaries: adopting an intersectionality approach
The Pregnancy Discrimination Act 1978
From ‘a related medical condition’ to a focus on childbearing capacity
Redefining pregnancy-related discrimination in the UK
Reinterpreting pregnancy
Associative pregnancy discrimination
Conclusion
Chapter 5: A right to time off work to undergo ART treatments
Introduction
Combining work and ART treatment: without a legal framework
Statutory sick pay
The right to request flexible working
Rights to time off during the ante-natal period
A right to medical leave
The Family and Medical Leave Act 1993
A right to time off work to undergo ART treatments: Possibilities for the UK
Conclusion
Chapter 6: Conclusions
Introduction
Recognising alternative routes to parenthood
Recognising the social value of procreation
Overcoming barriers
Adopting an intersectional analysis
Recommendations
Conclusion
Index
Biography
Dr Michelle Weldon-Johns is a lecturer in Employment Law at Abertay University in Dundee. Her specific research interest is the boundaries between work and family life from UK and EU employment and equality law perspectives. Her research focuses on gender equality and the work-family conflict, particularly from the perspectives of working fathers and atypical working families. She has also written on the potential implications of Brexit for Scotland in the employment and work-family context.
