Abstract

GONZALEZ-GALINDO, Gustavo. Towards new interpretation paradigms for the freedom of procreation. Opin. jurid. [online]. 2017, vol.16, n.31, pp.135-154. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v16n31a6.

The shallow study conducted about the freedom of procreation has been extremely permissive, setting aside the segment of responsibility of the active parties holding such human right; this has caused a scarce governmental intervention in family planning and a dramatic demographic explosion which implies problems inherent to overpopulation. The increase of population (and relevant imminent problems) promoted the need for identifying its causes in order to search for the actions to be taken to fight them; the shallow state participation was then seen as the main cause, so it was decided to interpret such right in the light of the weighting theory which, through its method mainly supported in the weight law, has proven to be very useful for the solution of collision of laws, intended to adjust the individuals’ interests to those of society, allowing setting new public policies that help reduce the alarming demographic explosion.

Keywords : Human right; basic right; freedom of procreation; demographic explosion; weighting theory..

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