Abstract

This article examines the Italian and European Court of Human Rights (ECtHR) case-law on access to Preimplantation Genetic Diagnosis (PGD), focusing, in particular, on the "Costa-Pavan" judgment of the ECtHR of 28 August 2012, and on its consequences on the Italian legal system so far (Trib. Roma, I Sez. Civ., ord. 23.09.2013; Trib. Roma, I Sez. Civ., ord. 15.01.2014; Trib. Roma, I Sez. Civ., ord. 28.02.14, Trib. Milano, I Sez. Civ., ord. 4.3.2015). The cases under analysis allow to highlight some problematic issues linked both to the legal framework of Italian Law 40/2004 and to the interaction between the domestic legal system and the European Convention of Human Rights, especially as it relates to the relationship among courts and their final judgments as well as the highly debated issue of direct applicability of the European Convention of Human Rights. While acknowledging the fundamental contribution of domestic and supranational judges to a system of human rights protection that crosses national borders, the Author argues that the delicate issue of access to PGD cannot be left only to judge-made law, but it needs a clear and preventive intervention by the competent legislator.