According to Article 14 of the Oviedo Convention on Human Rights and Biomedicine of the Council of Europe, the use of techniques of medically assisted procreation shall not be allowed for the purpose of choosing a future child’s sex, unless serious hereditary sex-related disease is to be avoided. In Israel and the United States of America, pre-conceptual sex selection for the purpose of family balancing is legal. The European health culture does not take reproductive justice for part of social justice. From this aspect, the situation is very similar in China and India. Reproductive liberty is opposed by the Catholic Church, too. According to the Catholic Church, medical grounds may not justify pre-conceptual sex selection, though being bioethically less harmful than family balancing for social reasons. In Hungary, according to Section 170 of the Criminal Code, pre-conceptual sex selection for the purpose of family balancing constitutes a crime. At present, the Hungarian legislation is in full harmony with the Oviedo Convention, enacted in Hungary in 2002 (Act No. 6 of 2002). Orv. Hetil., 2014, 155(46), 1815–1819.
The Gendered Biopolitics of Sex Selection in India
