Taking the constitution seriously. Cover Image

Biorąc Konstytucję poważnie.
Taking the constitution seriously.

Author(s): Oktawian Nawrot
Subject(s): Constitutional Law, Health and medicine and law, Social Norms / Social Control
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Keywords: constitutional framework; medically assisted procreation; law; in vitro fertilization; constitutional norms;

Summary/Abstract: The Constitutional Framework for the Regulation of Medically Assisted Procreation (Remarks on the Margins of Assessing the Compliance of Deputies’ Proposals to Amend the Act on Procurement, Storage and Transplantation of Cells, Tissues and Organs, Sejm documents 607 and 608) - The issue of the legal regulation of medically assisted procreation undoubtedly belongs to the group of legal policy issues that cause particularly strong emotions. It is mainly because it touches fundamental values and legal institutions, on which the system of the rights and freedoms of a person is based in a democratic state ruled by law. On the other hand, it enters deeply into the sphere of morality ethics, philosophy, medicine, and in the end, ideological disputes. In addition, possible solutions are often contradictory. These statements seem to be confirmed by the legislative proposals introduced to the parliament in recent years, which in a more or less complex way regulate medically assisted procreation. They contain very different possibilities ranging from almost unlimited procreative liberty and the right to procreate or not to procreate and the total prohibition of in vitro fertilization. A large diversity of proposed legislative solutions is explained by the hypothesis presented in terms of the fact, according to which there is a huge loophole in the Polish legal system concerning most practices refer to medically assisted procreation, which —because of unspecified reasons - can be completed in any way. While the system of values in a state based on the rule of law in abstract actually seems to allow almost any of the proposed solutions, which is proved by the various solutions adopted in other democratic states, in the case of a particular national legal system, including Polish, the solutions must take into account its characteristic features and, in particular, the system of constitutional norms and values. The aim of the article is to reconstruct the norms and values defining the regulatory framework of medically assisted procreation.

  • Issue Year: 2014
  • Issue No: XXXI
  • Page Range: 647-661
  • Page Count: 15
  • Language: Polish