El aborto. Análisis crítico de la situación actual
Keywords: 
Materias Investigacion::Derecho
Issue Date: 
1975
Publisher: 
Servicio de Publicaciones de la Universidad de Navarra
ISSN: 
0211-4526
Citation: 
López García, Guillermo. ""El aborto. Análisis crítico de la situación actual"". Persona y Derecho, 2 (1975) : 321-335.
Abstract
The author begins this work by making an exposition of those facts which we could call fundamental from the biological point of view to understand and judge the different birth control methods in use today. From the very moment of the fertilization of the ovum by the spermatozoid. the development plans of a new organism become imprinted. This new organism is endowed with an extraordinary functional capacity whose determination is unaffected by the relations between the maternal organism and the fetal organismo These facts are so apparent that. Jf the beginning of Iife is not located in fecundation . there exist no concrete re· ferences as to when it does in fact take place. Abortive birth control methods are those which interrupt embryonic -or fetal- development. no matter the mechanism of action employed nor the time elapsed since the fertilization of the ovum. The spreading of these abortive methods has been noteworthy. with the proliferation of contraceptive methods -mainly the hormonal ones (the «pill .. )which have served as the key which has opened the door for abortion. Jt can be demonstrated how in these last fifteen years the relation between contraceptives and abortion is indeed intimate, and it beco mes difficult to separate them in practice. The laws promulgated in a large number of countries in recent years approving abortion have created in the public at large a conceptual confusion which makes that «Iegalized», .inducedD, «provoked», «criminal» ... abortions become differentiated only with sorne difficulty, whereas in point of fact the differences are quite c1ear. The only abortion which can be conside'red legal is spontaneous abortion (miscarriage) which occurs independently of the will of the mother and that of the doctor; all other cases deal with provoked abortion and signify the direct death of an individual. Jt is no doubt true that juridical legality do es not necessarily identify itself with ethical norms and that it cannot be the fundament of doctrinal norms of conduct; it is precisely from this that even «Iegalized» abortion continues to be a crime. Finally, the author makes reference to the relations between abortion and euthanasia which are increasing evident as time goes by. It is foreseeable that in the next few years the first laws allowing euthanasia will be approved, signifying yet a further step in the escalation of the anti-life movement.

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