The right to genetical identity
DOI:
https://doi.org/10.51302/ceflegal.2011.12205Keywords:
genetical identity, privacyAbstract
According to the right to genetic identity, it is configured in our country as a right protected under the constitutional framework. However, it is not a peacefully right, as often It will conflict with other right, also critical, which is the right to privacy.
In the context of the Assisted Human Reproduction Techniques, and with the Legal Text in hand, we see how the right to genetic identity, that is, the power to know the biological origins, and have access to genetic data, will come into serious conflict with the privacy rights of donors of gametes and pre-embryos, as the Assisted Reproduction Act itself, in the year 2006; it covers and protects the right to privacy of those donors. In this conflict of rights, will prevail the right to privacy against other right, equally fundamental, essential to all human beings, for every child, that is having the posibility to know who is his parentthe right to genetic identity is, from my point of view, a fundamental right that should be framed with other fundamental rights explicitly recognized and protected by our Constitution.
Nobody today, I mean can doubt of the importance and significance to every human being is to know who were his/her father and mother. It Is the right of human beings to know their biological identity, to know the roots from which they come as human beings and their right to know their personal history.
Through the Study of the Law on Assisted Reproduction, one can see this fundamental right is not protected, because it is not even recognized in such a controversial law.









