POINT OF VIEW. PMA… and after?

The Senate started this Tuesday, January 21, after the Nationwide Meeting, the examination at first studying of the bioethics invoice, defended as a textual content of “progress” by the federal government, however whose emblematic measure, the opening of the PMA to all girls, divides the proper senatorial majority.

For lots of attentive residents, the query all the time current and repressed from the controversy is: given the practice of our world, is it conceivable to legitimately set sure limits to the acute calls for of dominant individualism? Or: the calls for for reform societal will they be countless, with out assembly authentic limits?

Within the unfinished debate on the bioethics law, the President and the Prime Minister have outlined a transparent restrict in precept: PMA sure, however categorically no to the legitimization, in France, of the follow and commerce of surrogate moms – modestly named GPA.

The arguments are strong: surrogacy is inexorably drifting in direction of a commodification of procreation. The unborn youngster turns into a product available on the market; it may be purchased, and it’s thought-about by consumers to be their property, identical to their car. As well as, surrogacy is depriving youngsters of entry to ladies and men who’re their dad and mom and successfully inserting them within the human race, which is unacceptable.

A type of slavery

Alternatively, the standing utilized to the lady who needed to comply with bear a baby for others is inhuman, since she undertakes to overlook the kid whom she bore. The instrumentalization of her physique, her discount to the standing of incubator, are for the lady an alienation which has similarities to a type of slavery.

Recognition of those causes for rejecting surrogacy can be clearly current in Jean-Louis Touraine's report. For this one, GPA is a critical departure from the precept of unavailability of the human physique ; it entails the exploitation of ladies at a world stage and the supervised launch of a girl and the give up of a kid ; due to this the kid is lowered as a factor. Nevertheless, as we all know, this report additionally advocated, on the similar time, opening up the GPA to the regulation.

As well as, already, by the likelihood supplied to sure dad and mom of youngsters born by GPA overseas to register these children in the French civil status, we opened the door to the legitimization of surrogate moms in France. As well as, the Courtroom of Cassation deserted the refusal of arguments in favor of the GPA at the price of an unexplained contradiction. Allow us to additionally recall the truth that within the title of a supposedly good youngster, the ECHR works to justify surrogacy, to the disregard of the rights of ladies. In brief, there’s sturdy strain for the legalization of surrogacy in France; and this already exists in France in practices of circumvention of the regulation.

Beneath these situations, if our leaders are honest of their speech in opposition to the GPA, they lose all credibility if their place isn’t accompanied by a vigorous motion in opposition to the drifts which, actually, are inclined to impose the GPA in France. In the event that they do nothing, their phrase will seem as a fog meant to cover the de facto consent to the establishment of surrogacy.

It’s, after all, about enhancing the laws. The minimal could be to solemnly register within the bioethical regulation articles having statutes of nice rules, formally declaring, in an argued method, the prohibition of the establishment of surrogate moms.

Consolidate sure rules

Logically, there must be a constitutional stage textual content. As a result of the exclusion of slavery is among the fundamentals of the Republic. This refers to human rights and these exclude slavery, the sale and the acquisition of human beings.

Recall that when it was feared that the 1905 regulation on secularism was the sufferer of a problem, the parade was discovered within the affirmation for sure articles of this regulation that they had been constitutional.

Allow us to be clear: it’s not a query right here of reopening the controversy on PMA however of consolidating sure rules whose notion is not evident, not solely within the inhabitants however in sure establishments.

These traces are a name from a easy citizen to the president of the republic in order that, constant together with his refusal of surrogate moms victims of a brand new slavery, he undertakes urgently the institution of the required ensures in opposition to the silent trivialization of the statute surrogate moms.

1 Report of the fact-finding mission on the revision of the regulation on bioethics.

2 For a exact evaluation of this query, allow us to confer with a quick essay by Sylviane AGACINSKI, The disembodied man, from the carnal physique to the fabricated physique (Gallimard leaflets n ° 7)

Man Coq, thinker

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POINT OF VIEW. PMA… and after?Ouest-France.fr

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