Morale/morali. Pluralismo etico, bioetica e discriminazioni sulla base dell'orientamento sessuale
Journal Title: SOCIOLOGIA DEL DIRITTO
Author/s: Valerio Pocar, Roberta Dameno
Year: 2004 Issue: 2 Language: Italian
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This article analyses the implications of a pluralist ethical orientation towards law and fundamental rights with regard to questions of bioethics and to discrimination based on sexual orientation. In a discussion of the tasks incumbent upon the secular state in a society whose distinctive trait is a plurality of moral options, the authors argue in favour of the state’s duty to guarantee pluralism and to repress cases of integralism that expose to risk the fundamental rights of the individual guaranteed by the Constitution, which is understood to be state morals. On this basis, the article then discusses the attitude that the law should adopt with regard to those questions of bioethics that involve individual moral choices and with regard to same-sex unions, concluding that the duty of the state is to guarantee the freedom of individual behaviours that comply with individual moral choices when those behaviours do not conflict with the interests of the community or with the fundamental rights of other individuals.
Valerio Pocar, Roberta Dameno, in "SOCIOLOGIA DEL DIRITTO " 2/2004, pp. , DOI: