LA CONSIDERACIÓN DE LOS NUEVOS DERECHOS HUMANOS EN LA LEGISLACIÓN SOBRE REPRODUCCIÓN ASISTIDA

Abstract

Coinciding with the mass application of biomedical techniques of human reproduction in the mid- eighties, the world began to mobilize law to regulate these new technologies. The Legislation proposed in recent years responded to the principle of safeguarding the fundamental rights of the human being , that at that time the predominant juridical doctrine from an individualistic perspective with socio-economic rights individual ( Human Rights 2nd Generation ) and overestimated the principle of self-determination. All this resulted in laws favoring the interest of the fathers upon the rights of the embryo and its future hijo.Ya in the nineties , the evolution of political thought has developed constitutional Human Rights of future generations ( Human Rights 3rd Generation ) , breaking the previous individualism in considering new input values ​​such as environmentalism , respect for nature and its resources, etc. . Legally be called for application of the principle of responsibility in the use of new technologies as well as the precautionary principle , which justify the existence of a legislation promoting a balance of rights and interests of all participants in the treatment assisted reproduction ( including the unborn child ) . This shift in the fundamental rights doctrine has practical consequences in many issues related to the regulation of these reproductive techniques (embryo freezing , gamete donation , posthumous reproduction , informed consent, ... etc. . ) . ( AU )