User:Mehransamadi

Preface

In the Law who has a right who exists but of the moral aspect a child has many rights even before his/her birth. So how can we defend this moral right in a legal system? This essay wants to answer to the above question and wants to show the importance of this matter:

We should reproduce more intelligent than our ancestors.

The first and most important right of any human is the right of life. First, because it appears by human’s birth. Most important, because without this right, it is impossible to make use of other rights. After the right of life, freedom is the most important human’s right. Because this right is the main condition to use a lot of other rights. But humans deprive themselves of these two important rights by some contracts – sometimes forever and sometimes temporary – and they call these contracts “LAW”. Why do they do this? To protect peace and security of society. The man whose life or freedom is recognized against the peace and security of society will be convicted to death, imprisonment for life or less. Obviously it is not the man’s life or freedom which is dangerous for society, but it is how man uses these rights which could be dangerous for society. So, by taking away these rights from him, he will not be able to do the dangerous act again. But this man’s act is the result of a lot of other elements, so we should find those elements and delete them to avoid from the repeating of these dangerous acts and their costs for society. If, we call these dangerous acts “crime”, we can claim that one of the crime’s elements is “Unsuitable Reproduction”. Life and freedom never can be dangerous for society or never can be the crime’s elements, in the abstract. But an unsuitable reproduction can be the direct element of a crime. For example a crime which an insane commits is the result of his/her parent’s Unsuitable Reproduction. So, why do we deprive each other of the essential rights of life and freedom – Which are the first and most important human’s rights – but never deprive anybody of the “Reproduction Right”? The enforcement of this proposed penalty -prohibition of reproduction right-also can be an intelligent method for a population control plan. If we call the society’s reaction to the crime, “penalty”, it should be reminded that prohibition of reproduction right is not always a penalty. But it can be said that it is always a defense. Firstly, defense of whom who will be born and will be the first injured and victim of an unsuitable reproduction. Secondly, defense of the society which will be the unwilling host of an unsuitable reproduction’s result and will pay its cost. So, prohibition of reproduction right always is a defense and sometimes it has a second purpose which is penalty. To have a program to control the reproduction, first we should define an unsuitable reproduction. Then we should attend that the prohibition of the reproduction right has two faces serving a common goal. The first one is obligation and second one is penalty. In first case we should specify the reasons which impose this obligation to people and the duration of obligation and the sanctions of disobedience of it. In second case we should specify the crimes for which this penalty is required and the duration of penalty which is suitable for each crime.

In writer's opinion any kind of these seven reproductions is an unsuitable reproduction: 1.	The reproduction of any sick man/woman which his/her sickness certainly will be transferred to his/her child. 2.	The reproduction of someone who has convicted to death or imprisonment for life. 3.	The reproduction of an insane or whom whose IQ is below the standard. 4.	The reproduction of a psycho or a pedophile or a high depressed man/woman. 5.	The reproduction of anybody whose child will be born malformed. (Physically or mentally) 6.	The reproduction in the family which economically is below the absolute poverty line. 7.	The reproduction in a city which its life or educational space is below the standard limit.

Mankind can create a generation which is more intelligent, healthier and stronger than his ancestors.

Mehran Samadi Legal Expert Tehran Iran

23/5/2005

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