Abstract
The article starts recalling the position of the Catholic Church doctrine on
the medically assisted procreation (MAP). Notably, if on the one hand any
artificial intervention on human procreation is valued as moral illicit, on the
other hand it exist the moral duty to reach the maximum possible good in
the concrete circumstances. Then, the paper traces out some aspects of
the history of the Italian Law n. 40 of 19th February 2004 (it outcome from
a long and arduous process, approved by the most of the Parliament in
2004 and confirmed by popular referendum in 2005), and it reconstructs
the whole court case concerning the Italian law on “medically assisted reproduction”.
Finally the Author try to draw some operative line to protect
at least the heart of the law concentrated in art. 1: “the Law guarantees the
rights of all stakeholders, including the conceived”. Because of this reason, the law has been harshly opposing and currently
it has been dismantled in some important respects by two constitutional
judgments (151/2009 and 162/2014). The hostilities come from an alternative
culture to what which carried out 40/2004 Law 40, a culture exclusively
focused to achieving the alleged “new civil rights” of adults (to-be parents,
medical doctors and scientists) and that does not tolerate boundaries arising
from the rights of the unborn. Although this is not a Catholic law, it still
deserves to be defended, the Author deem. In front of the embryos cryopreserved
storage, the heterologous fertilization and finally the embryos experimentation
which is looming large, it should be strongly reaffirmed the
donor-conceived offspring right to know one’s own origins and the right to
life of human embryos. Although the article moves primarily on the legal
(judicial and legislative) level, it is important to keep alive the commitment to
the promotion of the dignity of human procreation on the level of education and culture.
Titolo tradotto del contributo | [Autom. eng. transl.] The Italian law on the so-called "medically assisted procreation": the work of emptying by the judiciary and possible remedies |
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Lingua originale | Italian |
pagine (da-a) | 21-49 |
Numero di pagine | 29 |
Rivista | BIOETICA E SOCIETÀ |
Stato di pubblicazione | Pubblicato - 2015 |
Keywords
- Legge 40/2004
- biodiritto
- embrione umano
- tecnologie riproduttive