El inicio de la vida: discurso bioético-jurídico en la Legislación Mexicana

Abstract

In accordance with Article 124 of the Mexican Constitution, all powers not reserved to the federation are understood to be granted to the states of the Republic, and in accordance with the federal pact, civil matters are reserved to the states while in issues health coexists concurrence competence. As we know, most of bioethical issues have civil or family implications as well as other implications related to health issues. Therefore, depending on the approach that is given to bioethical issues, we will find different results. In Mexico, the civil perspective has been privileged, resulting in the appearance of different legal expressions that end up being dissimilar and sometimes even contradictory. In our opinion, the legal implications of biotechnology should be addressed from a national perspective by a specific legislation, in order exactly to avoid what is now occurring, that is to avoid the contradictions and/or legal absurdities among the different local legislations. This paper analyzes the inconsistencies and absurdities that have been generated under this civil perspective in different local legislations regarding bioethical issues.