IV Rapporto del Movimento per la Vita Italiano sulla attuazione della Legge n. 40 del 19 febbraio 2004 per l'anno 2010 Esame e commento della relazione del Ministro della Salute presentato al Parlamento italiano il 28 giugno 2012
Pubblicato: aprile 4, 2016
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Autori
Parlamentare europeo, Presidente della Commissione Affari Costituzionali del Parlamento
Europeo, Presidente del Movimento per la Vita Italiano, Italy.
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This article is the review and comment of the Report of the Italian Minister of Health on the implementation of Law 40, February 19, 2004 on medically assisted procreation, submitted to the Parliament under article 15 paragraph 2. The Italian Pro-Life Movement (MpVI) to evaluate the data from time to time within ministerial documents has up to now submitted four reports to Parliament: the first in 2007, the second in 2009, the third in July 2011 and the fourth - subject of this article - in August 2012. The Ministerial Report focuses mainly on the realization of the desire of adults to have a child, according to the stated purpose of the law of "helping to resolve problems arising from human sterility or infertility". Therefore the description of the path followed by various techniques and the connections between the various available data refer mainly to the adult couple. However, it is observed in the Report of the (MpVI), we shouldn't neglect the article 1 of the Law indicating another key objective of the same Law which is: "to ensure the rights of all subjects involved including the human embryo". So, the subjects we must take into account are not only the adults longing to have a child, but also the children from the first moment of their existence (just the event that the new techniques intend to be determined), that is, from the moment of conception. The articulated, documented and rich Report MpVI recalls briefly the system of Law - seriously altered by constitutional judgment 151/2009 - and the judicial interventions concerning it; it strongly emphasizes the great difference - as for the protection of the right to life of human embryo - between the death of the embryo after transfer into the genital tracts of women and his deliberate killing, direct, agreed that occurs when the embryo is not transferred to the genital tract of women is selected, but he is destroyed, made the object of experimentation, frozen, selected; it desputes the theory of the so-called "Weakened Law" dealing with the right to life of the unborn child; it focuses on the need to remove the causes hindering human procreation alternative to artificial procreation (in this regard is reported significant experience of the International Scientific Institute Paul VI on research on fertility and infertility human, working at the Policlinico Gemelli in Rome since 2003). Finally, the Report of MpVI concludes with some questions and work proposals addressed to the Minister of Health. There is no doubt, however, that the legal status of the human embryo should not be neglected in the annual Report of the Minister: "if about the implementation of the L. 40/2004 we want to achieve an appropriate balance between the objective of overcoming infertility and infertility on the one hand and respect for life on the other, it is essential to enhance the principle of article 1 that qualifies human embryo subject holder of human rights, like the other subjects involved in the medically assisted procreation".
Come citare
Casini, C. (2016). IV Rapporto del Movimento per la Vita Italiano sulla attuazione della Legge n. 40 del 19 febbraio 2004 per l’anno 2010 Esame e commento della relazione del Ministro della Salute presentato al Parlamento italiano il 28 giugno 2012. Medicina E Morale, 61(4). https://doi.org/10.4081/mem.2012.126
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