Abstract

BADR, Maroun. Assisted Reproductive Technology for all women and equality. A question of right or of justice? Analysis of the French context. Med. ética [online]. 2022, vol.33, n.4, pp.1083-1128.  Epub July 31, 2023. ISSN 2594-2166.  https://doi.org/10.36105/mye.2022v33n4.04.

The New bioethics law in France, proposed in 2019 and approved by the National Assembly on June 29, 2021, makes in its first article, concerning the art (Artificial Reproductive Technology), modifications to article L. 2141-2 and L.2141-3 of the law No. 2011-814 of July 7, 2011 relating to bioethics. It thus opens the way to “any couple formed by a man or a woman or by two women or any unmarried woman”. As a result, the link between law and bioethics is disrupted. While the law must protect the individual interest, bioethics reminds the law that the common good must also be protected. Hence the following questions that arise following this new bioethics law: is ART a right for all? Is it legitimate to claim it in the name of equality? What about justice? In this article, I would like to approach the subject from a bio-legal point of view by situating the problem within the framework of the philosophy of law.

Keywords : bioethics; dignity; natural law; positive law; marriage.

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