Resumo

FORTOUL COLMENARES, Mauricio A; PINEDA MEZA, Jennifer Paola  e  MONTAGUT SILVA, Ruth Katherine. The fertility represented in the POS as protection mechanism the fundamental right to shaping a family. Justicia [online]. 2015, n.28, pp.159-168. ISSN 0124-7441.  https://doi.org/10.17081/just.20.28.1047.

This paper present analyze legal rods to answer that kind of protection has given them the Colombian State to the fundamental right of infertile to form a biological family through the techniques of artificial insemination or in vitro fertilization couples. Likewise, it seeks to present the existing weaknesses to meet the guarantee to protect this fundamental right and the advantages or benefits that would infertile with the inclusion of such procedures in the women POS. It will be based on the use of secondary sources (from the use of information from already developed by theoretical interpretations, historians, or the same rules: theses, monographs, statistical or census bulletins, textbooks, manuals, dictionaries, etc.) and tertiary (obtained from an author who in turn cites an earlier one in which he has based his analysis). An analysis of policy developments at national and international level and 21 copies of rulings of the Constitutional Court ruling will be held to determine what kind of protection is being given to infertile couples who want access to fertility treatment to form a family biological.

Palavras-chave : Right to form a family; Affiliation Natural; Infertility; Sexual and Reproductive Rights and Mandatory Health Plan.

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