國家干預「生育自主權」之正當性與倫理議題【本期企劃】 試閱
Legitimacy and Ethical Issues of State Intervention in “Reproductive Autonomy”
我國已邁入人口老化的「高齡社會」，近年來生育率更是全球最低，人口持續負成長，少子化問題已成國安危機，政府在人口政策上，必須有積極的作為及配套措施。我國優生保健法、人工生殖法與「生命權」及「生育自主權」息息關關，現行人工生殖法僅開放不孕夫妻可合法使用人工生殖技術，是否開放代理孕母？立法殊顯消極與怠惰。民眾的「生育自主權」事涉基本權利之保障，國家加以管制的正當性為何，誠有探究之必要。
另，現行優生保健法以「優生」為重點，難卸歧視身心障礙者之嫌；有配偶者施行人工流產，應得配偶之同意，不當歧視女性。以及人工流產原則上應於妊娠24週內施行，事涉許可墮胎之標準與「生命權」的保護，屬於重要事項，卻逕於施行細則規範，違反法律保留原則，亦有檢討之必要。
My country is already an “senior society” with an aging population. In recent years, the birth rate has been the lowest in the world. The population continues to grow negatively. The problem of declining birthrate has become a national security crisis. The government must take active actions and supporting measures in terms of population policy. My country’s Genetic Health Act and Assisted Reproduction Act are closely related to “right to life” and“reproductive autonomy.” The Assisted Reproduction Act only allows infertile couples to legally use artificial reproduction technology. Is surrogate mothers allowed? Legislation is very passive and lazy. The “reproductive autonomy” of the people involves the protection of basic rights. It is necessary to explore the legitimacy of the state’s regulation.
In addition, the Genetic Health Act focuses on “eugenics,” which is unavoidable to discriminate against people with disabilities; those who have a spouse must obtain the consent of the spouse if they have an abortion, which is unreasonable discrimination against women. And in principle, induced abortion should be carried out within 24 weeks of pregnancy. It involves the standards of permitting abortion and the protection of “right to life.” It is an important matter, but it goes against the implementation of detailed regulations and violates the principle of legal reservation. It also needs to be reviewed.
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