Il conflitto assiologico nella legge n. 40/2004 tra morale Kantiana e diritto alla procreazione
Fadda, Rossella
2020-01-01
Abstract
The essay deals with the judgment by which the Constitutional Court has declared unfounded the question of constitutional legitimacy of the rules of Law 40/2004 that forbids access to same-sex couples to the PMA by asserting that the prohibition is in accordance with the basic inspiration of the law, which is to configure artificial procreation techniques as a remedy for human infertility and to ensure a family nucleus with a father and mother. The analysis focuses on the right to parenthood, which according to the Court cannot be carried out without limits but must be balanced with other constitutionally protected interests, and on the possibility that, although in different ways than the PMA, it can be exercised within a homosexual family.File | Size | Format | |
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RCP Fadda Il conflitto assionlogico nella legge 40:2004.pdf Solo gestori archivio
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