Justice in the context of family balancing

Engendering Harm: A Critique of Sex Selection For "Family Balancing"

The most benign rationale for sex selection is deemed to be "family balancing." On this view, provided the sex distribution of an existing offspring group is "unbalanced," one may legitimately use reproductive technologies to select the sex of the next child. I present four novel concerns with granting "family balancing" as a justification for sex selection: (a) families or family subsets should not be subject to medicalization; (b) sex selection for "family balancing" entrenches heteronormativity, inflicting harm in at least three specific ways; (c) the logic of affirmative action is appropriated; (d) the moral mandate of reproductive autonomy is misused. I conclude that the harms caused by family balancing are sufficiently substantive to override any claim arising from a supposed right to sex selection as an instantiation of procreative autonomy.

[Pre-conception sex selection]

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 the sex of a future child, unless serious hereditary sex-related disease is to be avoided. In Israel and the United States of America, pre-conception sex selection for the purpose of family balancing is legal. The European health culture does not regard reproductive justice as 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-conception sex selection, though being bioethically less harmful than family balancing for social reasons. In Hungary, according to Section 170 of the Criminal Code, pre-conception 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.