Erminia Camassa

Procreation and law. The shifting boundaries of conscientious objection

  • Abstract

Informations and abstract

Keywords: Conscientious Objection; Emergency Contraception; Assisted Reproductive Technology (ART); Third-Party ART; Abortion.

The fields in which conscientious objection can be invoked are constantly expanding, especially when it comes to procreation procedures and technologies. Abortion, assisted reproductive technology (ART), emergency contraception and pre-implant diagnosis are only some of the techniques and procedures which commonly trigger conscientious objection. The increase of objectors among healthcare personnel has created problems in the application of law 194/1978 and will create more for law 40/2004. These techniques, now allowed by law, will likely increase the number of objectors even further. Courts have the difficult task of balancing the right to object with the right to receive healthcare. Acknowledging the complexity of the situation, the Constitutional Court recently stated that healthcare choices in terms of procreation are to be considered an «expression of the fundamental and general freedom of self-determination».

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