Brevi note in tema di obiezione di coscienza a margine di una recente sentenza della Cassazione

Translated title of the contribution: [Autom. eng. transl.] Brief notes on conscientious objection in the margins of a recent Cassation ruling

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] The basic question that the inquiry crosses concerns the function and limits of criminal law in ethically sensitive areas. Taking a cue from recent judicial cases, the problem of which spaces of freedom can be recognized for the individual called to act in conditions of inner conflict, as typically happens when the imperatives of a normative nature are in contrast with ethical, moral and religious convictions, is addressed. of the same. The question assumes special interest in criminal law, characterized by "non-neutrality" on the ideological level. The value choices acknowledged by the legal system are born within a political-democratic confrontation, and are aimed at ensuring respect for fundamental human rights. In this sense, the right to conscientious objection can also be interpreted, as a form of dialogue and protection against those subjects who do not share the solutions prepared by the legislator in legislation with respect to ethically sensitive issues. Topics such as the voluntary interruption of pregnancy and health treatments without the consent of the recipient constitute for the interpreter a fundamental moment of reflection about the role of criminal law as an effective tool for resolving this type of conflict.
Translated title of the contribution[Autom. eng. transl.] Brief notes on conscientious objection in the margins of a recent Cassation ruling
Original languageItalian
Pages (from-to)1442-1464
Number of pages23
JournalRIVISTA ITALIANA DI DIRITTO E PROCEDURA PENALE
Publication statusPublished - 2013

Keywords

  • Diritto penale
  • Obiezione di coscienza

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