[Criminal code and assisted human reproduction].
The Spanish Criminal Code punishes in the article 161 the crime of assisted reproduction of the woman without her assent as a form of crime relative to the genetic manipulation. The crime protects a specific area of the freedom of decision of the woman, which is the one that she has dealing with the right to the procreation at the moment of being fertilized. The sentence would include the damages to the health provoked by the birth or the abortion. The crime is a common one--everyone can commit it--and it is not required a result of pregnancy, but it is consumed by the mere intervention on the body of the woman, and its interpretation is contained on the Law 14/2006, of may 26, on technologies of human assisted reproduction. The aim of the work is to propose to consider valid the assent given by the sixteen-year-old women (and older) in coherence with the Project of Law about sexual and reproductive health and voluntary interruption of the pregnancy that is studied at this moment, in Spain, in order to harmonize the legal systems.
Cortés Bechiarelli
Emilio
E
Cátedra de Derechos Humanos "Manuel de Lardizábal" de la Universidad de Extremadura Extremadura, España.
D000024:Abortion, Illegal / Q000331:legislation & jurisprudence; D005260:Female; D006801:Humans; D007258:Informed Consent; D011247:Pregnancy; D027724:Reproductive Techniques, Assisted / Q000331:legislation & jurisprudence*; D013030:Spain