Discussions on the Content of the Right to Private and Family Life from the Perspective of Reproductive Rights

Abstract

Since the ancient times, the birth of a child has been a special event for the child's family and from a social viewpoint. It is simplistic to consider the reproduction as an event that belongs exclusively to the private life of the couple because it is considered that there has always been an interest on the part of society regarding the context in which its future members come into the world. The issue of the reproductive rights is of particular relevance in this day and age, especially in the context of the new reproductive technologies, which transform the issue from one that is already complex and sensitive, to one that urgently requires the clear establishment of some fundamental axes at the level of the principles of law; however, we must appreciate that the foundation of any legal protection is precisely the recognition by the legislator of these rights. Therefore, the question from which we start in our approach is whether we can recognize the per se existence of reproductive rights, and if so, what would be their basis and the reasons that could lead to the recognition of such rights. The subsequent questions that arise are the following: what are the limits of these rights, who are their holders and what is the type of legal protection that must be granted to them?