Original Articles
Vol. 57 No. 6 (2008)
https://doi.org/10.4081/mem.2008.264
La Legge 194 di fronte alle decisioni della Corte Costituzionale
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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.
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The contribution deals with the large number of Constitutional Court's decisions concerning the law 194/1978 that has introduced the regulation of abortion in Italy. The main impugnation deals with the principle of woman's self-determination, but also non-prevision of the tutelary judge's objection of conscience is argued; the subordinate and possible role of the father of new born in the procedures that lead to the authorization of the abortion; the supposed damage of the parents' rights compared with minor who intends to abort; the different treatment of minors in comparison with adults; the lack of defence of new born compared with the tutelary judge. The Authors also examine the decisions that concern the admissibility of referenda proposed against the Law 194, because they allow to understand elements from which the Court's thought for what concern the Law 194/1978 under the interpretative and constitutionality profile is showed. Although the several intervention calls, the Supreme Court has always avoided to pronounce a decision on the crucial point of the law, i.e. the regulation on the midtrimestrial dominated by the "self-determination principle". At the same time the Council has never denied the humanity of the new born and in one case it has clearly affirmed the right to life.
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How to Cite
La Legge 194 di fronte alle decisioni della Corte Costituzionale. (2008). Medicina E Morale, 57(6). https://doi.org/10.4081/mem.2008.264
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