La regulación de las tecnologías reproductivas y genéticas en Argentina: análisis del debate parlamentario


Cad. Pagu




Abstract This article analyzes the parliamentary debate held towards the legal regulation of reproductive and genetic techniques in Argentina (RGT). It examines the discussions in the national congress regarding the Law for Medically Assisted Reproduction, which was sanctioned in 2013, and the debate in both legislative chambers over Art. 19, which concerns the beginning of the human person, in the new Civil and Commercial Code, of 2014. The article shows the complexity of the matrix of intelligibility through which RGT became subject to regulation in Argentina. In the case of the Law for Medically Assisted Reproduction, this complexity is seen in the coexistence of elements, which promote a broad concept of the right to procreation through reproductive and genetic techniques, yet use also a conservative rhetoric. This includes: the idea of the heterosexual family; a limited concept of gender identity as a cisexual identity; the centrality of maternity in the life of women; and traditional “family values”. Meanwhile, the analysis of the debate about the civil and commercial code shows the deployment of contrasting scientific and religious perspectives. The scientific argument favors a differentiation of the notions of fertilization and conception; as it uses rhetorical strategies to distinguish the concept of life from that of a person. In contrast, the religious view clearly defines the beginning of human life “at conception” and semantically operates to assimilate life to a person, conceding to the first values and rights that are particular to a person. Instrumentalizing the secular language of rights, the religious view won the support of the legislature and the beginning of the human person was defined in Argentina’s new Civil and Commercial Code in the same terms as which it is defined by the Catholic Church.

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