Original Articles
V. 66 N. 6 (2017)
https://doi.org/10.4081/mem.2017.517
La fine del concetto di "pre-embrione" nella Convenzione di Oviedo / The end of the concept of "pre-embryo" in the Oviedo Convention
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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.
Ricevuto: 25 gennaio 2018
Accettato: 25 gennaio 2018
Pubblicato: 25 gennaio 2018
Accettato: 25 gennaio 2018
Pubblicato: 25 gennaio 2018
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The paper focuses on the question concerning scientific research on human embryos generated in vitro. Article 18 of the Oviedo Convention specifically concerns the experimentation on the in vitro embryos and for this reason it is subject to a particularly in-depth reflection. The goal is to understand if the Convention shows suitable lines to define the legal status of the human embryo. The authors conclude that despite the concept of pre-embryo (formulated to theorize the insignificance of the human embryo in the first 14 days of fertilization) has been accepted in some laws and has implicitly guided the interpretation of some aspects related to the evaluation of the value of the embryo, the Bioethics Convention definitively rejected it with the utmost authority. The conclusion is reached through the examination of the art. 18 also considering the previous formulation contained in a draft; through a systematic interpretation of the Convention which requires the recognition of the conceived, from the moment of fertilization, as a "human being"; examining the preparatory contributions prepared by the Parliamentary Assembly of the Council of Europe and the European Parliament; taking into consideration the developments of the Oviedo Convention with specific reference to the theme of the pre-embryo. The investigation also makes use of extensive references to the jurisprudence of the European Court of Human Rights of the Council of Europe, to the jurisprudence of the Court of Justice of the European Union, to some recent decisions of the Italian Constitutional Court.
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Come citare
La fine del concetto di "pre-embrione" nella Convenzione di Oviedo / The end of the concept of "pre-embryo" in the Oviedo Convention. (2018). Medicina e Morale, 66(6), 735-745. https://doi.org/10.4081/mem.2017.517
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