Protección de los derechos de las personas interesadas en las técnicas de reproducción humana asistida. Una perspectiva de derecho comparado

At the international level, legislation on assisted reproductive technology (ART) differs in topics such as access to the techniques, post-mortem fertilization, and gamete donation. If legislations are based on three common principles, how to explain these different dispositions, many of which...

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Bibliographic Details
Main Author: Cárdenas Gómez, Olga Carolina
Format: Article
Language:Spanish
Published: 2018
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=7537631
Source:Jurídicas, ISSN 1794-2918, Vol. 15, Nº. 2, 2018, pags. 151-170
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Summary: At the international level, legislation on assisted reproductive technology (ART) differs in topics such as access to the techniques, post-mortem fertilization, and gamete donation. If legislations are based on three common principles, how to explain these different dispositions, many of which could be considered as violating the fundamental rights of the persons interested? The objective of this article is to explain said differences from a different hierarchy of common principles. Through a qualitative methodology with a hermeneutic and critical social approach, the research design of a documentary nature, involved the revision of the regulations and jurisprudence in seven countries as well as the scientific literature on the subject. The analysis of the results allowed identifying that, although the rights of the interested persons are protected, this protection is carried out in a different way in each country.