Bibliographic citations
Morales, W., Retamozo, K. (2021). La legalidad de la manipulación genética en las técnicas de reproducción asistida: consecuencias jurídicas y bioéticas del art. 07 de la Ley General de Salud, Arequipa 2020 [Universidad Tecnológica del Perú]. https://hdl.handle.net/20.500.12867/5598
Morales, W., Retamozo, K. La legalidad de la manipulación genética en las técnicas de reproducción asistida: consecuencias jurídicas y bioéticas del art. 07 de la Ley General de Salud, Arequipa 2020 []. PE: Universidad Tecnológica del Perú; 2021. https://hdl.handle.net/20.500.12867/5598
@misc{renati/809325,
title = "La legalidad de la manipulación genética en las técnicas de reproducción asistida: consecuencias jurídicas y bioéticas del art. 07 de la Ley General de Salud, Arequipa 2020",
author = "Retamozo Lazo, Kelly Mariela",
publisher = "Universidad Tecnológica del Perú",
year = "2021"
}
The objective is to determine legal consequences of art. 07 of the LGS about genetic manipulation in the TERAS, Arequipa 2020. The approach used was qualitative because it is a social phenomenon. The method used was legal-dogmatic of a juridical-bioethical type and exploratory, descriptive, cross-sectional design. The instruments used were files of normative and doctrinal provisions, as well as surveys to lawyers and interviews to medical specialists; duly validated by the corresponding experts. Thus, we obtained the following results: the 75% of the lawyers interviewed believe that the principle of life should be established in fertilization, and 60% accept that infertility is a disease; likewise, 80% agree that the procedure of surplus embryos should be regulated; likewise, 85% state that the embryo has dignity and that there is discrimination in choosing only one to be implanted in the mother; in this sense, 85% agree that art. 7 of the LGS should be modified, considering bioethics as an important factor for its modification; while, the specialist physicians of the Fertility Centers surveyed establish that infertility is a condition and that implementing the bioethical factor would limit the performance of TERAS; thus it is demonstrated in the interviews that among the physicians there is much discrepancy as to which TERAS are allowed in Peru and that they are largely unaware of the corresponding legislation, based fundamentally on medical practice; on the other hand, they also consider fertilization as the beginning of human life. Conclusions: First, the legal conclusions of the analysis of art. 7 of the LGS are the violation of the dignity of the embryo; the existence of atypical contracts under the name of "informed consent"; the eugenic practice in a concealed manner by objectifying the embryo; the creation of legal uncertainty regarding the future of surplus embryos; economic discrimination against those who wish to resort to highly complex techniques; uncertainty due to the lack of legal solutions when real cases are presented. Second: the State should not assume infertility as a disease since it does not affect or limit one's own life. Third: the prohibition of the use of human eggs already fertilized for purposes other than procreation is a limit in all areas. Fourth: the theory of fertilization is the bioethically and legally appropriate way to deal with the ontological and legal status of the embryo, just as it is not possible to assume from the LGS facts that permit or prohibit acts, if they are not tacitly expressed. Fifth: Article 7 of the LGS contains legal vacuums, due to the emergence of current events of technological and medical advances, likewise, it is demonstrated that, by including the bioethical factor in all Peruvian regulations, new questions arise that were thought to be already resolved.
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