의생명과학기술 법정책에서 성주류화의 필요성 - 보조생식술과 임상시험을 중심으로 -

Abstract

The rapid development of biomedical science and technology is deeply affecting human life. So, the new human rights issues that has not been raised in the past is being raised, especially women’s human rights issues. The biomedical science and technology has a neutral motto of ‘human’s healthy life’ as the purpose and justification basis for its development and use. But, not only it has regarded only men (not women) as standard human beings for the subject of its development and use, but also it has provided priority to men over women. Even it has treated women as means or subjects for realizing its goals. Consequently, the relationship between the biomedical science and technology and ‘women’s healthy life’ has been excluded from consideration for a long time as well as has not fully considered until now. It is natural that women and men should be regarded as ‘equal beings’ to each other under the super concept of ‘human being’, but it is undeniable fact that there is a ‘biological difference’ between women and men. Therefore, this biological difference between women and men raise the need for ‘gender mainstreaming’ in the development and use of biomedical science and technology. Particularly, in assisted reproductive technology and clinical trials, appropriate recognition, recognition, and consideration of the biological characteristics of women should enable them to be more prudent and reasonably related to women, resulting in beneficial effects on women’s lives and health. So, in this article, we confirm the extent to which gender mainstreaming has been realized through the content of Korean law and policies related to assisted reproductive technology and clinical trials, identify problems in areas where gender mainstreaming has not been achieved. And, to solve these problems, we would like to suggest opinions on how to improve the law and policies by referring guidelines and regulations of other countries.