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publish a reflection of Claudia Livi sharing every word

The ruling demonstrates the ability of the Look - by the courts - to go in the direction of health of the woman to have children has to undergo assisted reproductive technologies.

It was not however able to do the Parliament, which has legislated in such a sensitive issue without knowing it and without taking any account of the views of experts working in this field. It is distressing to note that only the courts have sought to understand and put himself on the side of patients, with a mind free from preconceptions of ethical-religious.

The ruling shows in particular also in the right frame the fundamental doctor-patient relationship, recognizing the physician's discretion in considering the individual case, which had been completely denied by the law 40.

The association of centers for diagnosis and treatment of infertility CECOS Italy was constituted, "lent its support to" groups with patients because he firmly believed in the need to change a law so cruel and full of prohibitions, which led to thousands of our pairs that cross national borders to look elsewhere in Europe, a proper care.

The CECOS Italy fully welcomes this first goal: the decision opens up new scenarios for review the law, which now seems unavoidable.

Claudia Livi, President CECOS Italy

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THE CONSTITUTIONAL COURT HAS 'THE LAW EXPRESSLY STATED IN PART ILLEGAL 40/2004

FINALLY SOMETHING
WILL 'CHANGE

here the synthesis dela sull'incostituzionalità decision and now we must continue our work, we drop those items that still penalize women and couples who live the problem of infertility


sull'incostituzionalità Summary of the Decision of the standard:

1. (Art. 14 para 2) unconstitutional the obligation of the contemporary system of all embryos (because of multiple pregnancies that result in most of the time abortions and no birth);
2. (Art. 14comma 2) unconstitutional the production limit a number not more than three embryos (the limit is seen falling principle of less invasive techniques, and the doctor will decide the number of embryos to be produced according to the health needs of couple);
3. (Art. 14 comma3) unconstitutional insofar as not expected to Embryo Transfer be implemented as soon as possible, as provided in this rule, should be carried out without prejudice to the health of women. (emerge to protect women's health, which has primacy over the embryo. Consistency constitutional jurisprudence)

The Court then declared ineligible:

- per difetto di rilevanza nei giudizi principali, le questioni di legittimità costituzionale degli articoli 6, comma 3,(revoca del consenso) e 14, commi 1 e 4.(divieto di crioconservazione e riduzione embrionaria in gravidanze plurime).

Significa che tali punti non erano rilevanti nel caso specifico e la Corte non ha ritenuto rilevante affrontarli, anche perchè la legge prevede che il medico possa congelare gli embrioni per motivi sanitari e le sentenze di merito hanno stabilito che non vi è differenza tra una gravidanza con la Pma e una naturale per cui non è precluso l’accesso alla 194.

1 aprile 2009 - Law on assisted reproduction

Constitutional Court Press - The Court declared the constitutional illegitimacy of article. 14, paragraph 2 of Law February 19, 2004, No 40, limited to the words "a unique and modern facility, but no more than three." The Court also declared unconstitutional the third paragraph of that article in so far does not provide for the transfer of embryos to be implemented as soon as possible, as provided in this rule, must be done without endangering the health of women. The Court declared inadmissible for lack of relevant reviews in the main, questions of constitutionality of Articles 6, paragraph 3, and 14, paragraphs 1 and 4.

joint statement: Filomena Gallo Association for Amica Cicogna and Luca Coscioni, Monica Soldano Tube for Mother, Laura Pisano stork The other non-profit organization, Federica Casadei look for a child, Patrick Battistini for bambino.it .

We are happy because the commitment of the associations, the courage and the confidence of couples to take the side of justice and civilization have been awarded in this country. We believed, and the law, not ideology prevailed.

Joint Declaration of Messrs Gian Domenico Caiazza, Filomena Gallo, Gianni Baldini-(defenders of the couple) -

The Constitutional Court, fully upheld the complaints of unconstitutionality raised in relation to the founding of the law's 40/04. The elimination of the absurd limit of three embryos and implanting them simultaneously in utero del'obbligo finally returns to the physician responsibility for treatment decisions, the woman to protect her dignity and her right to health, to the country a law in line with the minimum levels of European civilization. We are happy for all Italian citizens, and especially for our assisted in the cultivation of which is returned a parental project with respect for their health and their dignity