“Banning of all clinical and experimental human embryos experimentation that is not to its benefit”

The ban on experimenting on human embryos remains in force in Italy. This was established in the Constitutional Court with a ruling in which the Court rejected the alleged unconstitutional nature of article 13 of Law 40, which bans clinical and experimental research on human embryos. The same ruling denies the possibility of withdrawing consent to assisted procreation after fertilisation of the egg. The Constitutional Court examined two questions of unconstitutionality raised by judges in Florence. The first referred to the banning of all clinical and experimental research on the embryo that is not to its benefit (art. 13 of Law 40), and the second to the ban on revocation of consent to assisted procreation once the egg has been fertilised (art. 6). “The first issue”, says the official statement, “has been declared inadmissible due to the high level of discretion, complexity of the ethical and scientific profiles that characterise it, the balance established by the legislator between the dignity of the embryo and the demands of scientific research: the balance that, wrongfully, the Florence Court asked the Constitutional court to change, being possible a number of options, necessarily reserved for the legislator. The second matter was declared, for its part, inadmissible due to lack of relevance in the test procedure, as the person who presented the appeal did in fact decide to see the assisted reproduction procedure through to the end” (ACEPRENSA, 30-III-2016).

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