A Human Rights-Based Approach to Health in Assisted Reproductive Care in Spain

Area of Science:

• Bioethics
• Reproductive Medicine
• Human Rights Law

Background:

• Assisted reproductive techniques (ART) have expanded globally, driven by medical progress and societal changes, notably in Spain.
• ART enables parenthood for individuals facing infertility and diverse family structures.
• However, the expansion of ART raises concerns regarding potential human rights violations.

Purpose of the Study:

• To analyze Spanish assisted reproduction practices within the framework of national and international human rights legislation.
• To identify discrepancies between Spain's ART legislation and evolving international human rights standards.
• To promote improved quality of care and protection of rights for individuals utilizing ART.

Main Methods:

• A reflective analysis of Spanish healthcare practices in assisted reproduction.
• Review of national legislation governing ART in Spain.
• Examination of international human rights normative sources, including UN, CEDAW, WHO, UNESCO, and Council of Europe conventions.

Main Results:

• Potential human rights violations within Spain's ART healthcare framework were identified.
• Gaps in compliance with international human rights standards were noted.
• Discrepancies exist between Spain's ART legislation and evolving European standards, particularly concerning oocyte donation and donor anonymity.

Conclusions:

• Clinical practices in ART must align with human rights principles.
• There is a need to address identified gaps in Spain's ART framework to ensure full compliance with international human rights.
• Continuous reflection and improvement are necessary to protect the health and rights of all individuals and families involved in ART.