Abstract

LAMAS, MARTA. Aborto: viejo problema y nuevos dilemas. Perinatol. Reprod. Hum. [online]. 2004, vol.18, n.1, pp.34-43. ISSN 2524-1710.

In different European countries, they have been carried out legal reformations related with the abortion, these legal changes were given after liberating different juridical battles. In France, the Tribunal of Cassation ordered to reimburse a 17 year-old youth (deaf, with mental and almost blind delay) because her mother demonstrated to have suffered rubella when she was pregnant (risk minimized by her doctor). The novelty of this sentence, went that it was granted to the son, the right to a derived repair of the made error. Another similar case, the Lionel, a 7 year-old boy with syndrome of Down where the same tribunal determines to reimburse him was because the gynecologist didn't warn to the mother of the possible congenital malformation, then she was impeded its right to the therapeutic abortion. This problem takes to discuss the topic of individual vs. State responsibility. For that, it is not of missing that the parents want someone pays for a negligence, it didn't prevent them on time that their son has a damage that requires specialized attention, which the State doesn't grant gratuitously. This way, the repair doesn't only imply that the State guarantees to the one affected a future insured with special cares, but rather it show the attention that the doctors should have in prenatal diagnoses. The prenatal diagnosis, outlines in turn, ethical problems by the impact of the science discoveries and the human rights, some crucial questions are: It is legitimate to look for anomalies in an embryo and to opt for another that doesn't have them?, should be the society support to an embryo with a handicap that will become a person with special requirements, sometimes expensive and painful? The science is not impartial, because the scientific decisions also imply to make political decisions. The debate about the penalize or decriminalization of the abortion, outlines crucial problems for the operation in democratic systems. In this decision fundamental principles have been implied as: conscience freedom, laicism, right to non intervention of the State in personal intimacy, social justice and public health.

Keywords : Abort; prenatal diagnosis; ethics; legislation.