Autodeterminazione nelle scelte procreative: identità di genere e famiglia
Pubblicato: giugno 30, 2007
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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.
Autori
Dottoranda di ricerca in Scienza, Tecnologia & Diritto (ST&D), Facoltà di Giurisprudenza,
Università degli Studi di Catania, Italy.
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Some jurisprudential pronunciations demonstrate that judges are becoming always more conscious of procreation as object of an autonomous right of privacy. The fact that inside of the procreating right, as a fundamental human right, must also be considered the negative one of no-procreating, puts the problem of the balance of interests in the case that, after the conception, the procreating will of one consort opposes to the no-procreating will of the other one. The author, beginning from an analysis and a comparison of Angloamerican and European jurisprudential cases, points out that the rapid evolution of medical science and the diffusion of the new reproductive technologies (together with the fact that genetic material of the oocyte can be fused out of uterus giving life to an embryo) has opened new and unexpected considerations compared with those offered by abortion problems, about the same reproductive rights of the progenitors. This contribution invites to consider the importance to tribute to the gestation for the different specification of the sexes and of their rights. Someone thinks that to tribute an indiscriminated equality of rights within the "reproductive decision-making"- in order to the procreating or noprocreating will - means not to consider enough the specific sexualreproductive characterization which inevitably puts a man and a woman in a different position in front of the unborn child. But the radicalization of the difference and the deriving polarization of the roles brings the rising of risks of power relations that make unessential the other subjects reduced to be simple property. The alternative proposal for the realization of an equity situation is the abstraction of the bodility, and then of the homologation. But, if this one, in seeming, nullifies the differences, it presents again, the asymmetry of the reproductive rights in the field of the wills. The author, between the homologation model and the bodility-difference model suggests the "democracy" one as a relational fact between the subjects and, therefore, connected to a mutual acknowledgement. She thinks that individual self-determination in the "reproductive decision-making", after fecondation/conception, is not reconcilable with this principle.
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