The regulation of the Medically Assisted Reproduction (MAR) in Croatia and the European legislative context
Published: December 30, 2014
Abstract Views: 580
PDF (Italiano): 1
Publisher's note
All claims expressed in this article are solely those of the authors and do not necessarily represent those of their affiliated organizations, or those of the publisher, the editors and the reviewers. Any product that may be evaluated in this article or claim that may be made by its manufacturer is not guaranteed or endorsed by the publisher.
All claims expressed in this article are solely those of the authors and do not necessarily represent those of their affiliated organizations, or those of the publisher, the editors and the reviewers. Any product that may be evaluated in this article or claim that may be made by its manufacturer is not guaranteed or endorsed by the publisher.
Authors
Dottorando di ricerca in Bioetica, Italy.
Professore aggregato di Bioetica, Italy.
Professore Ordinario di Medicina Legale e delle Assicurazioni; Istituto di Bioetica, Facoltà di Medicina e chirurgia "A. Gemelli", Università Cattolicadel Sacro Cuore, Roma, Italy.
----------
Technology advancements in the MAR domain and its different applications that first engaged themselves in the medical practice, often were reinforced with the non-legislative normative, and further with the Government attention with a need for legislative regulation. The Authors show how Croatia as one of the ex-Socialistic Republics was no exception in this tendency and stated "Medical Assisted Reproduction" regulation in front of the lack of a law. At that time, it consisted only of six dispositions contained in the 1978 law entitled Act Concerning Medical Measures for Exercising the Right to the Free Decision about Giving Birth to Children, dating 30 years ago. The article then continues mentioning the turn of the political institutional setting that, with the biotechnological evolution, brought, in 2009, to the first systematic law regarding MAR. Although, without some criticism and, in some ways "permissive" law of 2009 (regarding heterologous fertilization, not followed by a clear right to know ones own origins by those born with this procreation way), it was characterized by instances of protection of the embryo in particular by prohibiting production of surplus embryos. By this reason, the law was evaluated by the new Government formed after the elections 2011, as "antiquated and conservative". As reactions to these unjustifiable evaluations emerged, the great number of Croatian citizens joined the initiative "I was an embryo too". The following intensive and lively debate had brought to the 2012 law, which was considered as one of the most permissive laws in the European context. Therefore, the authors investigated this last legislative text, enhancing the differences between this and the former law also keeping in mind, the normative European context in which the legislative revolutions and revisions of different laws emerged. Even though the Croatian legislative evolution on MAR has paved the way of spreading "new civil rights" in which the holders are the parents to-be and the different professionals (medical, scientists), presently in Croatia -conclude the authors- there is an alternative culture to the one seeking the "child at all costs" and the destruction of the human embryos as a "scientific advancement". The initiative "I was an embryo too" and the European Citizens' Initiative called "One of Us" shared the same expressions of this culture, from which the rights of the smallest ones among human beings stem; therefore, it is possible to understand the true meaning of parenthood and that of the scientific advancement.
How to Cite
Čartolovni, A., Casini, M., & Spagnolo, A. G. (2014). The regulation of the Medically Assisted Reproduction (MAR) in Croatia and the European legislative context. Medicina E Morale, 63(6). https://doi.org/10.4081/mem.2014.38
PAGEPress has chosen to apply the Creative Commons Attribution NonCommercial 4.0 International License (CC BY-NC 4.0) to all manuscripts to be published.
An Open Access Publication is one that meets the following two conditions:
- the author(s) and copyright holder(s) grant(s) to all users a free, irrevocable, worldwide, perpetual right of access to, and a license to copy, use, distribute, transmit and display the work publicly and to make and distribute derivative works, in any digital medium for any responsible purpose, subject to proper attribution of authorship, as well as the right to make small numbers of printed copies for their personal use.
- a complete version of the work and all supplemental materials, including a copy of the permission as stated above, in a suitable standard electronic format is deposited immediately upon initial publication in at least one online repository that is supported by an academic institution, scholarly society, government agency, or other well-established organization that seeks to enable open access, unrestricted distribution, interoperability, and long-term archiving.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.