Una nuova riflessione sul significato dell'obiezione di coscienza alla luce di una sentenza ingiusta Nota a Cass. n. 14979 del 2 aprile 2013
Published: April 30, 2013
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Authors
Parlamentare europeo, Presidente della Commissione Affari Costituzionali del Parlamento
Europeo, Italy.
Facoltà di Medicina
e chirurgia "A. Gemelli", Università Cattolica del Sacro Cuore, Roma, Italy.
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The article examines the judgement of the Supreme Court of Cassation n. 14979 of 2013 about conscientious objection to abortion. In this case, a gynecologist was heavily condemned for having asserted his right to raise conscientious objection (provided by Law 194/1978) for activities that according to the judges are not covered by the conscientious objection. In the first part of the article, the Authors criticize the particular severity of the sentence and report the reconstruction of the events emerging from the judicial investigations. Afterward they focus attention on the meaning and the extension of the concept of surgical intervention to understand what the boundaries are of an abortion. Whether a final activity is planned from the outset (so that if it were not sure to perform it, the intervention should not be started) this activity is an integral part of the intervention itself and, therefore, in the case of abortion, covered by conscientious objection. For the purposes of this evaluation, the Authors write, it is very important the clear causal link that takes into a unified whole the various moments that follow one other chronologically. The purely legal question of immediate withdrawal of the objection is resolved in the light of the difference between the possible preventive acceptance of the execution and the execution of an unexpected order. The most significant aspect, however, is tied to the question that frames the entire contribution: why so much aversion against conscientious objection with regard to abortion? The answer lies in the express or implied negation - but also in the simple forgetfulness - that the child is a child from the moment of conception. "The right to abortion - it is written in the Supreme Court's ruling - has been recognized as coming within the sphere of women's self-determination" This thought, the Authors point out, is an expression of a drift originally triggered by the constitutional ruling of 1975, then advanced with the Law 194/1978 and finally severely consolidated with the claim of "right" to abortion. Since this drift arises from the refusal to look at the child conceived, consequently it adverse conscientious objection. For this there is even more need to repeat, the Authors conclude, that the foundation and the protection of conscientious objection depends on the recognition that the unborn is one of us. The legal references on the international level are also interesting.
How to Cite
Casini, C., & Casini, M. (2013). Una nuova riflessione sul significato dell’obiezione di coscienza alla luce di una sentenza ingiusta Nota a Cass. n. 14979 del 2 aprile 2013. Medicina E Morale, 62(2). https://doi.org/10.4081/mem.2013.100
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