An Italian/Spanish comparison on the "question of beginning of life": hypothesis of contamination between models of legal regulation

Lorenzo Chieffi

Abstract

The intent pursued by the work was to put a
I compare the experiences of two countries, Italy and Spain,
through the analysis of the respective laws adopted to regulate
the "beginning of life issues", relating to the adoption of techniques
of medically assisted procreation and carrying out of
voluntary termination of pregnancy. The reciprocal
assimilation of regulatory models developed within the
interested territories, as in a sort of mirror game, is
was certainly favored by a commonality of cultural roots
developed over the centuries. If for one thing, such
contamination is demonstrated by the progressive approach from
part of the Iberian state to gradualist regulation
introduced in Italy by law no. 194 of 1978, to regulate
the procedure for the voluntary termination of pregnancy, in
in fact, the mirror direction acted as a counterpoint
the assimilation of the discipline by the latter country
Spanish, contained in law no. 35/1988, on techniques for
assisted human reproduction, then reformed by the next
organic law 14/2006. The affirmation of principles
constitutional reforms achieved by these regulatory reforms will have to
represent an insurmountable limit against possible attempts to
reintroduce authoritarian and paternalistic approaches of
therapeutic relationship, which were now considered outdated.