Once more with ‘sympathy’ but no resolution for intended mothers
The EU, Ireland and the surrogacy dilemma
Bibliographic Data
| ID | 12283701 |
|---|---|
| Authors | Connie Healy (School of Law, National University of Ireland, Galway, Ireland, corresponding author) |
| Year | 2017 |
| Volume | 39 |
| Issue | 4 |
| Pages | 504-519 |
| Publication date | 2017-10-02 |
| Open Access | No |
| Type | ARTICLE |
| Venue | The Journal of Social Welfare Law (JOURNAL) |
| Journal identifiers | ISSN: 0141-8033 • E-ISSN: 1469-9621 |
| Publisher | Taylor & Francis (PUBLISHER • GB) |
| DOI | 10.1080/09649069.2017.1390303 |
| OpenAlex | W2767087372 |
| Language | EN |
| References cited | 3 |
This article examines the decision of the Court of Justice of the European Union (CJEU) in Z v A Government Department and the Board of Management of a Community School and the court’s interpretation of existing EU legislation on whether commissioning or intended mothers are entitled to paid leave equivalent to maternity benefit. It highlights the failure of the CJEU in this case to call for specific EU legislation on the issue of surrogacy. The Irish Courts have been more proactive in this regard. The Supreme Court has acknowledged that ‘pending the introduction ... of legislation dealing with this field, it is ... not for the courts to attempt to resolve the complex questions that need to be addressed’. This article compares recent decisions of the Irish Courts to that of the CJEU as they struggle to keep abreast with modern society in the absence of legislation at national and EU level
Business · Dilemma · Economic Justice · European union · Government (linguistics · Interpretation (philosophy · Irish · Legislation · Political science · Supreme court · Sympathy · Ethics and Legal Issues in Pediatric Healthcare · Family Dynamics and Relationships · Law · Medicine · Public Administration · Reproductive Health and Technologies
| Highly cited | No |
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