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URPP Human Reproduction Reloaded | H2R

Lydia Bracken

Lydia Bracken, Prof. Dr.

  • SP 1 Normativity of Human Reproduction

The URPP Human Reproduction Reloaded | H2R, sub-project 1 Normativity of Human Reproduction is hosting Dr Lydia Bracken as a visiting professor in February-March 2023.

Dr Lydia Bracken is a Senior Lecturer in Law and Assistant Dean for Equality, Diversity and Inclusion in the Faculty of Arts, Humanities and Social Sciences, University of Limerick, Ireland. Dr Bracken researches the areas of child and family law and European human rights, with a particular focus on the legal recognition of ‘non-traditional’ and ‘new’ families. Topics within her research include issues pertaining to parentage, parental responsibilities and guardianship, adoption, and the legal regulation of assisted human reproduction including surrogacy.

Dr Bracken is the author of two books, Same-Sex Parenting and the Best Interests Principle (Cambridge University Press, 2020) and Child Law in Ireland (Clarus Press, 2018), and has published her research in high-ranking national and international journals. Her list of publications can be viewed on her UL research profile.

Dr Bracken regularly collaborates with civic society organisations and stakeholder groups to advance proposals for law reform. Dr Bracken’s  research has been influential in guiding national debates on law reform in Ireland and abroad: for example, she has presented her research to the Irish Special Joint Oireachtas [Parliament] Committee on International Surrogacy; the Irish Joint Oireachtas Committee on Children, Equality, Disability, Integration and Youth on the rights of the child in domestic and international surrogacy; the Irish Joint Oireachtas Committee on Health during pre-legislative scrutiny of the Assisted Human Reproduction Bill 2017; as well as to the European Commission Against Racism and Intolerance (ECRI) Task Force on LGBTI Rights. Dr Bracken’s research has also been cited by international law reform bodies.

Talk & Workshops

During her stay Dr Bracken will give a public talk on "Regulation of international surrogacy in Ireland" (7 March, 5.15 - 6.30 pm, K02-F-172).

About the talk:
Ireland does not currently have any specific legislation to regulate surrogacy, whether domestic or international. In 2022, a Parliamentary Committee (the Special Joint Oireachtas Committee on International Surrogacy) was established to “consider and make recommendations on measures to address issues arising from international surrogacy” having regard to the rights of the child, intending parents and surrogate. The Final Report of the Committee recommends that Ireland should introduce provisions to accommodate international surrogacy in the Health (Assisted Human Reproduction Bill) 2022. This talk traces the development of Ireland’s approach to international surrogacy and appraises the suitability of current reform proposals taking into account the recommendations of the Special Joint Oireachtas Committee on International Surrogacy and reform proposals that have been advanced inthe United Kingdom.

She also will host two workshops. The first workshop will be on the topic "The best interests of the child in assisted human reproduction" (28 February, 9.15-11.45 am) and the second on the topic "Integrating gender and diversity perspectives into research" (28 February 2.15-4.45 pm), in cooperation with F.Ius. The workshops will take place in room KOL-N-1 at UZH.

About workshop 1: "The best interests of the child in assisted human reproduction"
In this workshop, participants will engage with the concept of the best interests of the child and how it applies to the legal regulation of assisted human reproduction (AHR). The workshop will begin with an overview of the foundational development of the best interests principle as it is enshrined in Article 3 of the United Nations Convention on the Rights of the Child (UNCRC)and will consider the main criticisms that have been levied against the best interests principle. Thereafter, participants will consider how to identify an appropriate conceptual framework for the application of the best interests principle that addresses these criticisms. This conceptual framework will then be applied to consider specific issues that arise when applying the best interests principle in the context of AHR treatment such as the ‘weaponizing’ of best interests and whether the best interests principle can or should be applied to determine who should have access to AHR treatment in the first place.

You can also book office hours with Dr. Bracken on 1 March. Please contact her directly via e-mail.

About Workshop 2: "Integrating gender and diversity perspectives into legal research and teaching"

In the first part of the workshop, Dr. Bracken will outline the key factors to be taken into account when applying gender and diversity perspectives in research including definitions and terminology, considerations of privilege and intersectionality, addressing biases, and the use of gender-sensitive language. 

The second part of the workshop will begin with a presentation by F.Ius of the results of a study on inclusive teaching conducted at the Faculty of Law of the University of Zurich. Together with the participants, Dr. Bracken and F.Ius will discuss how equality, diversity and inclusion can be integrated into broader University structures such as teaching, curriculum development and workplace culture to address systemic inequalities and embed inclusive practices across an institution.

You can also book office hours with Dr. Bracken on 1 March. Please contact her directly via e-mail.