Law regulating assisted reproduction techniques in Peru.
This reduction in fertility is very directly related to the gradual prolongation of the youth stage, a consequence of the difficulties encountered in the transition to adulthood. In this respect, the delay in entering the labor market, late marriage and the progressive increase in the average age at first motherhood are all significant. To a greater or lesser extent, all these aspects characterize the whole of Western society.
For its part, the Galician Social Inclusion Strategy 2014-2020 saw the light of day in December 2014, which addresses the consequences of demographic change as a factor to be taken into account in the analysis of poverty and social exclusion. This document incorporates specific measures to combat territorial exclusion, a phenomenon typical of those areas where demographic decline is combined with limited employment and economic development opportunities and difficulties in accessing services.
The Strategic Plan of Galicia 2015-2020 included equal opportunities between women and men and the demographic dynamization and revitalization of Galicia as cross-cutting objectives. To create a favorable social environment for starting a family, a series of measures were included in the Birth Support Program (PAN Galicia), which aims to provide comprehensive support to families through three areas of action: aid, conciliation and services.
Assisted human reproduction techniques civil and commercial code
The Universal Declaration on Bioethics and Human Rights,2 celebrated on October 19, 2005, contemplates ethical issues related to medicine, life sciences and related technologies applied to human beings. It takes into account their social, legal and environmental dimensions. In its second article, it establishes as one of its objectives “To promote respect for human dignity and protect human rights by ensuring respect for human life and fundamental freedoms, in accordance with international human rights law”. In a similar vein at the European level, the Convention on Human Rights and Biomedicine3 obliges States Parties to protect the dignity and identity of every human being, and to guarantee – to every person, without discrimination – respect for his or her integrity and other fundamental rights and freedoms with regard to the applications of biology and medicine.
Despite the number of approaches mentioned above, we hasten to warn the reader that this paper will deal with sexual and reproductive rights; in particular, the relationship between HAART and human rights in the framework of reproductive rights.4 In turn, the objective is to make visible the minimum rights and principles on which legislation, policies and other actions in relation to HAART should be structured or formulated. This is due to the risk that the implementation of a normative-institutional system that ignores a basic and fundamental minimum floor of human rights would entail, especially in view of the possibility of incurring international responsibility.
Infertility treatments are covered by pos 2020.
It is therefore necessary to remove obstacles to the freedom of establishment of providers in the Member States and to the free movement of services between Member States and to guarantee both recipients and providers of services the legal certainty necessary for the effective exercise of these two fundamental freedoms of the Treaty. Since obstacles to the internal market in services affect both operators wishing to establish themselves in other Member States and those providing a service in another Member State without establishing themselves there, providers should be allowed to develop their service activities within the internal market, either by establishing themselves in a Member State or by making use of the free movement of services. Providers must be able to choose between these two freedoms according to their development strategy in each Member State.
This Directive applies only to requirements which affect access to a service activity or the exercise thereof. It does not apply to requirements such as road traffic rules, rules relating to town and country planning, town and country planning, building regulations, or administrative penalties imposed for failure to comply with such rules, which do not specifically regulate or do not specifically affect the service activity but which must be complied with by providers in the exercise of their economic activity in the same way as by individuals in their private capacity.
Opinion on assisted reproduction
In Chile, access to infertility treatment, especially assisted reproduction techniques, is subject to two types of discrimination. On the one hand, economic discrimination, since they are almost exclusively available to couples belonging to middle and high socioeconomic levels. Secondly, discrimination based on sexual and social orientation, since the limited assistance provided by the State through FONASA is not available to same-sex couples or to single women by choice.
The Ministry of Health in its resolution 241 of May 2015, recognizes that people suffering from infertility and other forms of disability or reproductive impairment should be able to access treatments such as assisted reproduction. However, since equal access to these treatments is not constitutionally guaranteed, the right to form a family is subject to the decisions of intermediate bodies such as FONASA and others, which in turn are subject to the moral guidelines of those who govern. Therefore, it seems fundamental to us that the equal right to form a family and to have access to technological advances should be guaranteed to all those who require it, without discrimination for economic, social or cultural reasons.