Artificial Womb Technology, Pregnancy and EU Employment Rights

Hooton, Victoria; Romanis, Elizabeth Chloe

Abstract

This article considers challenges for the European Union (EU) maternity and pregnancy rights framework when faced with advances in reproductive technology. Specifically, we consider how the introduction of the ‘artificial womb’ technology, an alternative to bodily gestation, would impact the availability of rights that exist under the maternity and discrimination framework. Employment rights in the EU context have already been confronted by the challenges of advancements in reproduction. We use the case law on in vitro fertilization (IVF) and surrogacy as a baseline for unpacking the challenges that ‘artificial wombs’ will bring. This analysis of the legal framework on maternity rights and sex discrimination will highlight potential avenues for integrating this technology and ensuring the continuation of rights for those opting for it. We advocate against the stratification of maternity and pregnancy rights based on the reproductive and gestational choices made by the pregnant person.

Citation

Hooton, V., & Romanis, E. C. (2022). Artificial Womb Technology, Pregnancy and EU Employment Rights. Journal of Law and the Biosciences, 9(1), Article 009. https://doi.org/10.1093/jlb/lsac009

• Journal Article Type: Article
• Acceptance Date: Feb 11, 2022
• Online Publication Date: Apr 4, 2022
• Publication Date: 2022
• Deposit Date: Feb 24, 2022
• Publicly Available Date: Jun 30, 2022
• Journal: Journal of Law and the Biosciences
• Electronic ISSN: 2053-9711
• Publisher: Oxford University Press
• Peer Reviewed: Peer Reviewed
• Volume: 9
• Issue: 1
• Article Number: 009
• DOI: https://doi.org/10.1093/jlb/lsac009
• Public URL: https://durham-repository.worktribe.com/output/1213030