Within the European Union, EU, a proposal for a Regulation on the recognition of parenthood has been in the pipeline since December 2022. If approved, the filiation of a child will be determined by the law of the country where the pregnant woman habitually resides, even if it is a non-EU Member State. The text obliges States to recognize birth certificates issued by third countries establishing the parentage of a child born from surrogacy agreements. In this paper, we analyze how the proposal interferes with the exclusive competences of EU Member States to regulate parentage and with the rules of international human rights law, including the European Court of Human Rights' case law.
{"title":"[The proposal for a regulation on the recognition of parenthood: An attempt to recognize surrogacy in the European Union?]","authors":"Natalia M Ochoa Ruiz","doi":"10.30444/CB.171","DOIUrl":"https://doi.org/10.30444/CB.171","url":null,"abstract":"<p><p>Within the European Union, EU, a proposal for a Regulation on the recognition of parenthood has been in the pipeline since December 2022. If approved, the filiation of a child will be determined by the law of the country where the pregnant woman habitually resides, even if it is a non-EU Member State. The text obliges States to recognize birth certificates issued by third countries establishing the parentage of a child born from surrogacy agreements. In this paper, we analyze how the proposal interferes with the exclusive competences of EU Member States to regulate parentage and with the rules of international human rights law, including the European Court of Human Rights' case law.</p>","PeriodicalId":42510,"journal":{"name":"Cuadernos de Bioetica","volume":"35 114","pages":"157-167"},"PeriodicalIF":0.3,"publicationDate":"2024-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141972053","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Álvaro Sanz Rubiales, María Luisa Del Valle Rivero, Luis Alberto Flores Pérez
During the COVID-19 pandemic, bioethical concerns were raised and there was even a ″resurgence of bioethics. ″ In this work, we review the scientific articles published by Spanish authors in relation to bioethical issues in the three years following the declaration of the pandemic. Seventy publications have been selected. Of all of them, the topic that lent itself to the most debate was that of prioritization in the use of health resources. A consensus was reached that ruled out that age could be considered as a sole exclusion criterion in healthcare or in a possible admission to the ICU. And the importance of taking special care of the most vulnerable and adapting care to the conditions of each patient without excluding anyone was recalled. Other relevant topics were the contrast between autonomy and the common good, the immune passport, vaccination, rigor in research and the publication of results, the professionalism of health personnel, misinformation, care for nursing homes, telemedicine, and the importance of the exercise of virtues. After the experience of both vulnerability and the need to exercise solidarity, many works raise the desire and the possibility of being able to overcome the pandemic being better.
{"title":"[Bioethical issues of Covid-19 in Spain. A systematic review].","authors":"Álvaro Sanz Rubiales, María Luisa Del Valle Rivero, Luis Alberto Flores Pérez","doi":"10.30444/CB.169","DOIUrl":"https://doi.org/10.30444/CB.169","url":null,"abstract":"<p><p>During the COVID-19 pandemic, bioethical concerns were raised and there was even a ″resurgence of bioethics. ″ In this work, we review the scientific articles published by Spanish authors in relation to bioethical issues in the three years following the declaration of the pandemic. Seventy publications have been selected. Of all of them, the topic that lent itself to the most debate was that of prioritization in the use of health resources. A consensus was reached that ruled out that age could be considered as a sole exclusion criterion in healthcare or in a possible admission to the ICU. And the importance of taking special care of the most vulnerable and adapting care to the conditions of each patient without excluding anyone was recalled. Other relevant topics were the contrast between autonomy and the common good, the immune passport, vaccination, rigor in research and the publication of results, the professionalism of health personnel, misinformation, care for nursing homes, telemedicine, and the importance of the exercise of virtues. After the experience of both vulnerability and the need to exercise solidarity, many works raise the desire and the possibility of being able to overcome the pandemic being better.</p>","PeriodicalId":42510,"journal":{"name":"Cuadernos de Bioetica","volume":"35 114","pages":"125-141"},"PeriodicalIF":0.3,"publicationDate":"2024-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141972049","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Javier Gómez Lanz, Federico de Montalvo Jååskelåinen, Vanesa Morente Parra, Lucía Halty Barrutieta
The digitization of mental health enables significant shifts in clinical practice by harnessing vast amounts of data derived from the use of apps and wearables to enhance medical research, patient care, and health system efficiency. However, this process brings forth pertinent ethical and legal risks. Ethically, concerns primarily revolve around safeguarding the privacy and confidentiality of sensitive data, alongside the transformation of the doctor-patient relationship through technological interaction. Within the regulatory realm, issues encompass the classification of these tools as medical products, ensuring normative assurance of effective protection of mental health data, and addressing potential legal risks within this domain. This article aims to provide an overarching view of this landscape, serving as a catalyst for the technological, ethical, and legal discourse necessitated by digital mental health.
{"title":"[Ethical and legal implications of digital mental health applications].","authors":"Javier Gómez Lanz, Federico de Montalvo Jååskelåinen, Vanesa Morente Parra, Lucía Halty Barrutieta","doi":"10.30444/CB.170","DOIUrl":"https://doi.org/10.30444/CB.170","url":null,"abstract":"<p><p>The digitization of mental health enables significant shifts in clinical practice by harnessing vast amounts of data derived from the use of apps and wearables to enhance medical research, patient care, and health system efficiency. However, this process brings forth pertinent ethical and legal risks. Ethically, concerns primarily revolve around safeguarding the privacy and confidentiality of sensitive data, alongside the transformation of the doctor-patient relationship through technological interaction. Within the regulatory realm, issues encompass the classification of these tools as medical products, ensuring normative assurance of effective protection of mental health data, and addressing potential legal risks within this domain. This article aims to provide an overarching view of this landscape, serving as a catalyst for the technological, ethical, and legal discourse necessitated by digital mental health.</p>","PeriodicalId":42510,"journal":{"name":"Cuadernos de Bioetica","volume":"35 114","pages":"143-155"},"PeriodicalIF":0.3,"publicationDate":"2024-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141972050","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This study presents the most representative notions of the transhumanism concept in light of its temporal development, starting from the first time that there is a record of a similar conception, with the aim of drawing a common thread between all of them and elucidating the relationship that these may have. For this, the works of Dante, Julian Huxley, FM-2030, Max More, Nick Bostrom and Raymond Kurzweil will be reviewed. From this analysis it will be extracted that all these different conceptions of transhumanism are united by their search for transcendence in the human being and the longing for a future state of divinity; Likewise, they differ in the way these common elements are understood. Such common and divergent notions allow a deeper understanding of what transhumanism is and promote a new perspective to understand these cutting-edge ideas.
{"title":"[From candle's light to neon's brightness. Analysis of the historical progression of the notion of transhumanism in its relation to transcendence].","authors":"Tomás Aróstica Valenzuela","doi":"10.30444/CB.167","DOIUrl":"https://doi.org/10.30444/CB.167","url":null,"abstract":"<p><p>This study presents the most representative notions of the transhumanism concept in light of its temporal development, starting from the first time that there is a record of a similar conception, with the aim of drawing a common thread between all of them and elucidating the relationship that these may have. For this, the works of Dante, Julian Huxley, FM-2030, Max More, Nick Bostrom and Raymond Kurzweil will be reviewed. From this analysis it will be extracted that all these different conceptions of transhumanism are united by their search for transcendence in the human being and the longing for a future state of divinity; Likewise, they differ in the way these common elements are understood. Such common and divergent notions allow a deeper understanding of what transhumanism is and promote a new perspective to understand these cutting-edge ideas.</p>","PeriodicalId":42510,"journal":{"name":"Cuadernos de Bioetica","volume":"35 113","pages":"71-88"},"PeriodicalIF":0.5,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140909395","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Natalia López Moratalla, Amparo Calleja Canelas, María Font Arellano
The differences between the male and female brain in cisgender individuals, those in whom there is no incongruence between the so-called biological sex and the perceived sex, are known. The genetic basis that underlies the differences observed in the brains of transgender individuals compared to cisgender individuals is also becoming known. In transgender individuals, there is a fundamental change in the connectivity of neurons in the body perception network, which may give rise to gender dysphoria. This knowledge allows for the characterization of the transgender condition and distinguishes it from transgender identities such as non-binary gender, gender fluidity, or genderqueer. Articles published assume, from the perspective of depathologization imposed by Gender Ideology, that these differences are due to a different sexual development. The societal acceptance of this perspective over the last two decades paved the way for medical interventions aimed at affirming the perceived gender, different from the genetic sex, through the continuous administration of cross-sex hormones and, in some cases, mutilating surgery. In adolescents and children, affirmation treatment of the perceived gender begins with puberty blockers, which have negative consequences for ossification and growth. The importance and irreversibility of these 'side effects' require the utmost rigor and complete information about them. Spanish law pushes the ideology to the maximum, infringing on the rights of transgender individuals. Medical ethics emphasize the necessity - the right - of a medical and psychological diagnosis, free from ideological approaches, before initiating what is being called treatment. This includes the right to information, prior to consent, about the positive and negative effects of hormonal administration. It also includes the right to the recognition of diversity among transgender individuals, especially the right to research that allows for treating the brain without altering the body. These rights must be recognized and demanded by the laws.
{"title":"[Brain characteristics of transgender individuals and consequences of gender assignment treatment].","authors":"Natalia López Moratalla, Amparo Calleja Canelas, María Font Arellano","doi":"10.30444/CB.168","DOIUrl":"https://doi.org/10.30444/CB.168","url":null,"abstract":"<p><p>The differences between the male and female brain in cisgender individuals, those in whom there is no incongruence between the so-called biological sex and the perceived sex, are known. The genetic basis that underlies the differences observed in the brains of transgender individuals compared to cisgender individuals is also becoming known. In transgender individuals, there is a fundamental change in the connectivity of neurons in the body perception network, which may give rise to gender dysphoria. This knowledge allows for the characterization of the transgender condition and distinguishes it from transgender identities such as non-binary gender, gender fluidity, or genderqueer. Articles published assume, from the perspective of depathologization imposed by Gender Ideology, that these differences are due to a different sexual development. The societal acceptance of this perspective over the last two decades paved the way for medical interventions aimed at affirming the perceived gender, different from the genetic sex, through the continuous administration of cross-sex hormones and, in some cases, mutilating surgery. In adolescents and children, affirmation treatment of the perceived gender begins with puberty blockers, which have negative consequences for ossification and growth. The importance and irreversibility of these 'side effects' require the utmost rigor and complete information about them. Spanish law pushes the ideology to the maximum, infringing on the rights of transgender individuals. Medical ethics emphasize the necessity - the right - of a medical and psychological diagnosis, free from ideological approaches, before initiating what is being called treatment. This includes the right to information, prior to consent, about the positive and negative effects of hormonal administration. It also includes the right to the recognition of diversity among transgender individuals, especially the right to research that allows for treating the brain without altering the body. These rights must be recognized and demanded by the laws.</p>","PeriodicalId":42510,"journal":{"name":"Cuadernos de Bioetica","volume":"35 113","pages":"91-102"},"PeriodicalIF":0.5,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140909405","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Isabel Morales Benito, Juan José Guardia Hernández, Ignacio Macpherson Mayol
The consumption of pornography over the Internet by minors has been increasing exponentially in recent years. The use of digital technologies and the ease of access to these contents are causes that explain this event. Simultaneously, there is concern about the increase in sexual violence, associated with discriminatory behavior, despite the efforts of laws and programs that promote sexual reproductive health (SRH) and the principle of equality. From a bioethical point of view, it is urgent to address this issue, which affects the physical and psychological health of minors and their affective-sexual education. The study addresses whether it is possible to relate the consumption of online pornography by minors and sexual violence. To do this, legal sources, reports from associations, audiovisual councils and scientific studies are consulted. In all of them, the relationship between the consumption of online pornography by adolescents and risky behavior in emotional-sexual matters and gender inequality is evident. In the legal and fiscal sphere, it is alerted to the damage that is occurring and points out the need to propose lines of action that reverse this situation. We propose measures to technically regulate access to content. These measures are based on the precautionary principle, a tool that has been applied in fields such as health and the environment. More studies and political actions are needed to make the Internet a safe place for minors.
{"title":"[On-line pornography and minors. Diagnosis, challenges and proposals].","authors":"Isabel Morales Benito, Juan José Guardia Hernández, Ignacio Macpherson Mayol","doi":"10.30444/CB.164","DOIUrl":"https://doi.org/10.30444/CB.164","url":null,"abstract":"<p><p>The consumption of pornography over the Internet by minors has been increasing exponentially in recent years. The use of digital technologies and the ease of access to these contents are causes that explain this event. Simultaneously, there is concern about the increase in sexual violence, associated with discriminatory behavior, despite the efforts of laws and programs that promote sexual reproductive health (SRH) and the principle of equality. From a bioethical point of view, it is urgent to address this issue, which affects the physical and psychological health of minors and their affective-sexual education. The study addresses whether it is possible to relate the consumption of online pornography by minors and sexual violence. To do this, legal sources, reports from associations, audiovisual councils and scientific studies are consulted. In all of them, the relationship between the consumption of online pornography by adolescents and risky behavior in emotional-sexual matters and gender inequality is evident. In the legal and fiscal sphere, it is alerted to the damage that is occurring and points out the need to propose lines of action that reverse this situation. We propose measures to technically regulate access to content. These measures are based on the precautionary principle, a tool that has been applied in fields such as health and the environment. More studies and political actions are needed to make the Internet a safe place for minors.</p>","PeriodicalId":42510,"journal":{"name":"Cuadernos de Bioetica","volume":"35 113","pages":"27-40"},"PeriodicalIF":0.5,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140909412","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article tries to set up the epistemological bases of the science of ″human ecology″. This term has started to be used as a synonymous of morality, especially in the Catholic moral social doctrine that used for the first time to justify its marriage prospectives. We look at both terms together (human plus ecology) and we propose that human ecology should be a discipline that in the first time study human behavior and population (objective) using the postulates of the science of ecology (method) and then, once a conceptual framework for social sciences disciplines such as bioethics can be settle, could be used as a way to support or not moral postulates in the name of ecology. We conclude by defining which should be the methods of knowledge acquisition, the limits and the validity of what should be considered ″Human ecology″, that is to say, the ecology of the humans.
{"title":"A preliminary epistemological ″human ecology″ framework for understanding the limits of bioethics.","authors":"Pablo Martínez de Anguita, Pablo Posada Ayala","doi":"10.30444/CB.163","DOIUrl":"https://doi.org/10.30444/CB.163","url":null,"abstract":"<p><p>This article tries to set up the epistemological bases of the science of ″human ecology″. This term has started to be used as a synonymous of morality, especially in the Catholic moral social doctrine that used for the first time to justify its marriage prospectives. We look at both terms together (human plus ecology) and we propose that human ecology should be a discipline that in the first time study human behavior and population (objective) using the postulates of the science of ecology (method) and then, once a conceptual framework for social sciences disciplines such as bioethics can be settle, could be used as a way to support or not moral postulates in the name of ecology. We conclude by defining which should be the methods of knowledge acquisition, the limits and the validity of what should be considered ″Human ecology″, that is to say, the ecology of the humans.</p>","PeriodicalId":42510,"journal":{"name":"Cuadernos de Bioetica","volume":"35 113","pages":"15-26"},"PeriodicalIF":0.5,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140909449","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"[Editor's Note: Vulnerability and voluntary abortion].","authors":"Luis Miguel Pastor","doi":"10.30444/CB.162","DOIUrl":"https://doi.org/10.30444/CB.162","url":null,"abstract":"","PeriodicalId":42510,"journal":{"name":"Cuadernos de Bioetica","volume":"35 113","pages":"11-13"},"PeriodicalIF":0.5,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140909408","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
n recent decades there has been an undeniable inflationary process of human rights that has contributed to their trivialization and consequent discrediting. It is not surprising that after the third generation of rights there is no longer agreement on the content and scope of the following generations, which include rights whose subject is not the human being (but nature, the environment or animals) or, if it is, the individual claims from the State his right to satisfy a desire that he feels is necessary for his personal development. The emergence of ″desire-rights″ is the clearest proof of this inflationary and arbitrary process of human rights, radically transforming the entire human rights system. This article studies the emergence of these desire-rights, showing their historical origins and main philosophical presuppositions, as well as their most common characteristic features.
{"title":"[The emergence of rights-desire in postmodern culture].","authors":"Aniceto Masferrer","doi":"10.30444/CB.165","DOIUrl":"https://doi.org/10.30444/CB.165","url":null,"abstract":"<p><p>n recent decades there has been an undeniable inflationary process of human rights that has contributed to their trivialization and consequent discrediting. It is not surprising that after the third generation of rights there is no longer agreement on the content and scope of the following generations, which include rights whose subject is not the human being (but nature, the environment or animals) or, if it is, the individual claims from the State his right to satisfy a desire that he feels is necessary for his personal development. The emergence of ″desire-rights″ is the clearest proof of this inflationary and arbitrary process of human rights, radically transforming the entire human rights system. This article studies the emergence of these desire-rights, showing their historical origins and main philosophical presuppositions, as well as their most common characteristic features.</p>","PeriodicalId":42510,"journal":{"name":"Cuadernos de Bioetica","volume":"35 113","pages":"41-57"},"PeriodicalIF":0.5,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140909416","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper analyses the prenatal representations on motherhood of 15 Spanish primiparous women who were in the dilemma of whether or not to continue with their pregnancies. Based on a qualitative methodological approach, semi-structured interviews were carried out which included in their design theoretical approaches of the so-called Maternal Constellation of Daniel Stern (1997). Through a content analysis of the interviews, an absence of mental representations of the baby in terms of both physical and characterological appearance was found in the sample, possibly due to the emotional impact generated by the news of the pregnancy. This absence of representations of the baby would reveal the importance of support and/or accompaniment by social and health care providers. It would also reveal the importance of the law in force maintaining the time for reflection, which, implemented with personalised, face-to-face and verbal counselling, would allow women who find themselves in this situation to choose freely, by providing them with all the information on alternatives for continuing their pregnancy with support and accompaniment.
{"title":"[The prenatal maternal representations in primiparous women with unplanned pregnancies].","authors":"Vania Andrea Barriga Torres","doi":"10.30444/CB.166","DOIUrl":"https://doi.org/10.30444/CB.166","url":null,"abstract":"<p><p>This paper analyses the prenatal representations on motherhood of 15 Spanish primiparous women who were in the dilemma of whether or not to continue with their pregnancies. Based on a qualitative methodological approach, semi-structured interviews were carried out which included in their design theoretical approaches of the so-called Maternal Constellation of Daniel Stern (1997). Through a content analysis of the interviews, an absence of mental representations of the baby in terms of both physical and characterological appearance was found in the sample, possibly due to the emotional impact generated by the news of the pregnancy. This absence of representations of the baby would reveal the importance of support and/or accompaniment by social and health care providers. It would also reveal the importance of the law in force maintaining the time for reflection, which, implemented with personalised, face-to-face and verbal counselling, would allow women who find themselves in this situation to choose freely, by providing them with all the information on alternatives for continuing their pregnancy with support and accompaniment.</p>","PeriodicalId":42510,"journal":{"name":"Cuadernos de Bioetica","volume":"35 113","pages":"59-69"},"PeriodicalIF":0.5,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140909445","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}