L’interruzione volontaria di gravidanza tra diritti costituzionali e questioni irrisolte
Un’analisi sull’evoluzione della tematica e sulle criticità che in essa si celano
Keywords:abortion, constitutional case law, beginning of life, act no. 194/1978, conscience clause
Voluntary termination of pregnancy is a topic of debate under a social and legal point of view. Act no. 194/1978 regulated the subject in the Italian legal system. Although many years have passed, the right to abortion still raises critical issues that legal experts should consider. In this regard, some examples may be very helpful. To begin with, data concerning women’s difficulties in accessing abortion procedures in Italy should be discussed, as the Council of Europe has already delivered some decisions on the matter. Broadening the horizon of analysis, it should be noted that, following the entry into force of the Texas Heartbeat Act in the U.S. legal system, the number of cases concerning the right to abortion has dramatically increased. The complexity of the issues related to the right to abortion is due to a variety of constitutionally relevant rights which must be reasonably balanced: a mothers’ rights to life and to health; an unborn child’s corresponding rights; health care personnel’s right to see their ethical sensitivity respected. This contribution aims to analyze the issue in a perspective that allows readers to understand to what extent the mentioned rights exist and are protected. Comparing and contrasting the U.S. and the Italian legal systems will also help readers understand that the two countries have faced similar problems and have provided similar solutions.
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