L'indifferenza sessuale e il diritto

Translated title of the contribution: [Autom. eng. transl.] Sexual indifference and law

Fabiana Cristofari

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] The essay deals with the issue of gender identity in the light of the CDs. reproductive rights which, although they are not expressly contained in any international or constitutional norm, have progressively been considered as the rights of the person which are intrinsically part of the "right to marry and to have descendants", of the "right to respect for private life" and of the "right to family planning" which appears to be an aspect of personality law (Article 2 of our Constitution) as it is articulated and defined in relation to the right to health as a state of complete physical, mental and relational well-being that "implies that people are able to have to satisfy and safe life and that they have the ability to reproduce and freedom to decide if, when and how often to do so. Implicit in this last condition is that of the person who is informed about it. the law… "(on the proposal of the World Health Organization, reproductive health is defined as" a state of complete physical, mental and social well-being and not merely the absence of a medical or medical affirmation, in all matters relating to the reproductive system and to its functions and process "). The intent of this work is to reflect on how this particular configuration of reproductive rights affects the structure of family relationships. The theme of gender identity, with all its ideological charge, spread from the 1960s and 1970s, will thus become one of the leading strands since it places, as an essential part of its "agenda", the promotion of "free choice" "Of women in issues related to reproduction and lifestyle, keywords to promote not only abortion but also homosexuality, lesbianism and all other" forms of sexuality and reproduction "outside marriage". Thus, for example, the representatives of the European Council in Beijing launched the following proposal: "The voices of young women must be heard, since sexual life does not only revolve around marriage. This entails the right to be different: in terms of lifestyle, choice of living with the family or alone, with or without children, or sexual preferences. The reproductive rights of the lesbian woman must be recognized ”. These "rights" of lesbians would also include the "right" to conceive children through reproductive techniques, or to legally adopt the children of their companions. The contribution does not even claim to examine all the implications of gender ideology nor does it dwell, in detailed terms, on the social and political context in which it was drawn up, nor on its application in a global and European context, but deepens, above all , some possible psychoanalytic aspects, as considered the most relevant from the philosophical point of view of the configuration of corporeality in relation to the definition of identity. The author believes, in fact, that the increasingly subjective connotation of the right to health, as an individual and unquestionable choice of a model of life, has indirectly pushed part of the jurisprudence to retrace the paths that the psychological analysis defines of the "separation" - "The Other is in the Ego: I is an Other" - identifying in the "family principle" the criterion of intelligibility aimed at recognizing access to reproductive techniques if the possibility of its being not subtracted from the principle, to the individual personal and relational identity. In this sense, in the light of the different paths
Translated title of the contribution[Autom. eng. transl.] Sexual indifference and law
Original languageItalian
Pages (from-to)13-68
Number of pages56
JournalDIRITTO E RELIGIONI
Publication statusPublished - 2009

Keywords

  • Diritti riproduttivi
  • gender identity
  • sexual difference

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