If there is nothing in the Italian Parliament that could prevent the Vatican to impose a theocratic regime in Italy, still remains the bulwark of the Constitutional Court. That on April 1 has partially rejected Law 40 on artificial insemination for constitutional illegitimacy on article 14, paragraph 2, which provides an "unique, contemporary implantation, of not more than three embryos, and paragraph 3, which provides that the transfer of embryos has to be done as soon as possible "without prejudice to the health of the woman."
The recourse came from the administrative court of Lazio and the Court of Florence, which had been adressed by the World association of reproductive medicine (Warm) of Professor Severino Antinori, and by a couple of Milan suffering from a serious genetic disease, who with law 40 would be condemned, as all couples who have similar diseases, to take the risk of generating sick children, even if modern medicine could easily avoid that. The law 40 is still partially standing, and still completely wrong. The decision of the Court eliminates at least in part the unconstitutional unequal treatment of women in different physical conditions that rely on artificial insemination, but continues to restrict the freedom of women to decide for themselves and their children. Continues to restrict the ability of doctors to make the best decision to protect the future health of the mother and the unborn child without being subjected to irrational prohibitions. Remains in the law the impossibility to use ovules or semen from donors unrelated to the couple, even brothers and sisters, an opportunity that would be vital for couples with serious problems of infertility.
It remains in force the main point why this law is wrong: that the Vatican and its political executors have no right to impose their very questionable beliefs to all Italian citizens on private choices such as maternity and health, ie the right of women to decide on their body, without the Church doing so.
Under Law 40 the rights of the embryo, a potential life only, prevaile on the right to health of women and children. The irony of all this is the schizophrenic attitude of the Catholic Church. As for the birth, modern medicine is bad and they must prohibit it. Instead, with regard to the death, modern medicine is good to keep alive artificially who would naturally die. The common element is the desire to limit the rights of people from a Church that has always preferred to impose rather than suggest, in a total antithesis to the lessons which should be based on. The trouble in Italy is that we have a Parliament that always look forward to kneel. Basically why Italian politicians should care, is not that they really have intention to respect the laws they pass. That affects only ordinary citizen.
Act 40 after the Constitutional Court, the experts are questioning on Aduc Health
Francesco Defferrari
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