Lo statuto dell'embrione tra libertà, responsabilità e divieti

The author recalls the chronicle of the debate about artificial insemination that has taken place in Italy in the last twenty years, dwelling in particular on the rules concerning embryos. After reconstructing the cultural and political climate in which the various projects for legislative action have been discussed, the author compares the documents and manifestoes promoted by various social partners, along with the text of Law N° 40 of 2004, which was recently passed by the Italian Parliament. He then goes on to underline that, although it draws on the various solutions pro-posed by scholars of a Catholic inspiration, the text is even more restrictive than they are with regard to the freedom to use embryos if that is at all conceivable and that, albeit surreptitiously, given the various prohibitions introduced, it is in practice tantamount to a legal charter of the embryo, which is put on a par with a living human being. Of all the laws currently in force in this field in the various ju-risdictions in the European Union, this text makes the Italian model the most re-strictive with regard to scientific research, experimentation and therapy, as well as the protection of the woman’s right to procreate.

Guido Alpa, Lo statuto dell'embrione tra libertà, responsabilità e divieti in "SOCIOLOGIA DEL DIRITTO " 1/2004, pp , DOI: