On the judgment of the European Court of Human Rights
With a brief (provisional) ruling, the European Court of Human Rights ruled in favour of an Italian couple, a healthy carrier of a genetic disease, who wanted access to medically assisted procreation in order to select healthy embryos from diseased ones.
Law 40 was conceived and proposed with a clear intent: to allow infertile couples to be able to achieve pregnancy, placing at the center not only the interest of the couple, but also the value of the human embryo, of that desired "child" for which this technique itself was accessed. For this reason, the selection of embryos was prohibited.
The European Court of Human Rights affirms today that the ban on embryo selection, established by Law 40, would be in contrast with Law 194 which would allow the so-called "therapeutic abortion". In reality, Law 194 allows the abortion of a fetus affected by a pathology not because it is sick, but because the mother declares that the continuation of the pregnancy would jeopardize her mental or physical health.
The two laws, formally, are consistent in prohibiting the elimination of an embryo or a fetus because they are sick: the disease, in fact, cannot be the cause of less protection.
The European Court interprets the prohibition of access to assisted fertilization for the selection of embryos as an interference and a violation of the rights to private and family life, to privacy.
In reality, by accepting this appeal, the European Court of Human Rights aligns itself with that tendency, defined as liberal eugenics, which privileges the interests of the couple and silences the problem of the protection of unborn life, especially when it is sick.
Yet, the recent UN Convention on the Rights of Persons with Disabilities has clearly sanctioned the prohibition of aborting a fetus or embryo because they are sick and suffering from a serious disability. But when the immediate interests of adults are at stake and their rights are invoked, these statements become invisible, as they are to the moral conscience of many, those children we call embryos.
- Filename
- bioetica-Nota_Centro_Bioetica_su_sentenza_Corte_Europea_su_legge_40_-28 ago_2012.pdf
- Size
- 166 KB
- Format
- application/pdf