Original Articles
Vol. 63 No. 2 (2014)
https://doi.org/10.4081/mem.2014.63
Vanità, moda e diritto alla salute: problemi di legittimazione giuridica della chirurgia estetica
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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 use of the cosmetic surgery was accepted with reserve by the ethics and the law in our society. It was considered as if it was just a cosmetic practice, not legitimated, that fall foul of the art. 5 of C.C. (Italian Civil Code), completely free from aspects of therapeutic needs, because depending and linked only to vanity. The doctrine and the judges classified the cosmetic surgery as unacceptable, by declaring void all the contracts regarding this medical practice. Now, thanks to the wide recognition of health even as mental health, the cosmetic surgery can be entitled by the art. 32 of the Italian Constitution when it aims to cure psychological trouble. So it appears to be legally acceptable, and not in conflict with the art. 5 C.C., because such regulative provision cannot applied to the exercise of the right to health. Nowadays, because of a spasmodic use of this practice in our society some problems still stand: often surgery is not related to specific therapeutic needs and it becomes just a means to achieve an ideal beauty from the media and the advertisement. All that leads to an unavoidable crisis of law and ethics, so some questions arise in order to understand how to find a way out of the dangerous condition against the "lightness" of the medical act.
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How to Cite
Vanità, moda e diritto alla salute: problemi di legittimazione giuridica della chirurgia estetica. (2014). Medicina E Morale, 63(2). https://doi.org/10.4081/mem.2014.63
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