Simone Penasa
University of Trento, Department of Legal Sciences, Faculty Member
- Constitutional Law, Comparative Law, Comparative Constitutional Law, Health Law, Law and Health Policy, Decision-making process in Health Law, and 53 morePublic Health Law, Health Policy, Health Disparities, Health Inequalities, Human Rights Law, Jurisprudence, Constitutional Theory, Law and Society, Social Determinants of Health, Public Health Policy, Bioethics, Minority Rights, Decision Making, Minority Studies, Public Law, Medical Law, Minority Languages, Assisted Reproductive Technologies, End Of Life Studies, PERSONAL DATA PROTECTION, Genetic Data Protection, Human Rights, International law (public and private), Migration Law, Immigrant Detention, International Law, International Human Rights Law, European Law, Legal Theory, European Union Law, Debate over Same-Sex Marriage, Comparative Public Law, Comparative Federalism, American Legal and Constitutional History, European Constitutionalism, Biolaw, International Constitutional Law, Health in All Policies, Health Impact Assessment, Bioethics Reproductive Technology, Diritto Costituzionale, Beginning Of Life (Medical Law), Diritto Costituzionale Comparato, Bioética, European Immigration and Asylum Law, Asylum Law, Immigration Law, Diritto Degli Enti Locali, Disability Law, Due Process of Lawmaking, Legisprudence, Biodiritto, and Surrogacyedit
This is the first chapter of the Casebook. It examines the emergence of administrative law beyond the State and the rise of global administration. On one hand, it focuses on the notion of the State and the implications for this of the... more
This is the first chapter of the Casebook. It examines the emergence of administrative law beyond the State and the rise of global administration. On one hand, it focuses on the notion of the State and the implications for this of the formation of a global administrative space. Topics analysed include the concept of “the State” in a globalized world; the application of this concept to the Palestinian case; and the rise of the global regulatory State in the South. On the other hand, it deals with the proliferation and differentiation of IOs, offering a classification of global institutions into four different types: formal intergovernmental organizations (e.g., the UN, WIPO, UNESCO, WHO, ILO, UNICEF, IOM, or even ASEAN); hybrid public-private organizations and private bodies exercising public functions (e.g. ICANN, the WADA, ISO, or the Global Fund); transgovernmental and transnational networks (such as the G-8, the International Conference on Harmonization (ICH) ASEAN International Investment Agreements, or the Basel Committee); complex forms of governance, such as hybrid, multi-level or informal global regulatory regimes (e.g. global and national proceedings under the International Patent Cooperation Treaty, decision-making procedures in fisheries governance, the composite interaction of UNESCO advisory bodies in the World Heritage Convention, or the clean development mechanism).
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L’opera propone un’analisi comparata della disciplina in materia di procreazione medicalmente assistita in quattro ordinamenti europei – Italia, Francia, Regno Unito, Spagna – al fine di proporre una modellistica dei diversi approcci... more
L’opera propone un’analisi comparata della disciplina in materia di procreazione medicalmente assistita in quattro ordinamenti europei – Italia, Francia, Regno Unito, Spagna – al fine di proporre una modellistica dei diversi approcci normativi che il legislatore nazionale può assumere rispetto alla disciplina della attività medico-scientifica. La comparazione si fonda sulla selezione di una serie di indici, che integrano indici tradizionali, fondati sull’analisi del contenuto della legislazione, e indici di natura procedurale, finalizzati a determinare le caratteristiche del procedimento di approvazione e attuazione della legge, partendo dal presupposto che tali caratteristiche procedimentali incidano sui contenuti legislativi, in termini di legittimazione sociale, legittimità costituzionale e adeguatezza scientifica.
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The evolution of national legislations on gestational surrogacy and recognition of parenthood are critically analysed in the light of the case-law of national constitutional courts. By assuming a holistic approach to the issue –... more
The evolution of national legislations on gestational surrogacy and recognition of parenthood are critically analysed in the light of the case-law of national constitutional courts. By assuming a holistic approach to the issue – regulation of surrogacy and subsequent familiar relationship – a rationalization of courts’ approaches will be proposed, based on the distinction between proactive and reactive legal systems.
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Sommario: 1. Un'analisi tridimensionale: la disciplina italiana delle DAT tra dinamicità dei modelli e comparazione. 2. Il patologico ritardo del legislatore italiano: un paradossale vantaggio competitivo a livello comparato? 3. I... more
Sommario: 1. Un'analisi tridimensionale: la disciplina italiana delle DAT tra dinamicità dei modelli e comparazione. 2. Il patologico ritardo del legislatore italiano: un paradossale vantaggio competitivo a livello comparato? 3. I contenuti delle DAT: il riferimento alle "volontà in materia di trattamenti sanitari" quale specificità del modello italiano nel panorama comparato. 3.1. I limiti alle DAT. 3.2. Le forme delle DAT. 4. L'approccio italiano nella dinamica dei modelli comparati: la legge 219 quale traguardo o tappa?
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The article aims to deepen the relationship between biolaw and European Union law, in order to understand what role the latter plays in the regulation of issues characterized by a high level of scientific and ethical complexity. Having... more
The article aims to deepen the relationship between biolaw and European Union law, in order to understand what role the latter plays in the regulation of issues characterized by a high level of scientific and ethical complexity. Having identified a dual legal basis for the emergence of a European biolaw – the protection of the European common market (Article 114 TFEU) and the promotion of health (Article 168 TFEU) – the progressive emergence of an axiological, and not only procedural, dimension will be highlighted assuming the case-law of the Court of Justice as a common thread.
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La sentenza Coman c. Romania della Corte di giustizia dell'Unione europea ha riconosciuto la natura gender neutral della nozione di " coniuge " contenuta nella direttiva 2004/38/CE, sancendo l'obbligo per lo Stato membro ospitante di... more
La sentenza Coman c. Romania della Corte di giustizia dell'Unione europea ha riconosciuto la natura gender neutral della nozione di " coniuge " contenuta nella direttiva 2004/38/CE, sancendo l'obbligo per lo Stato membro ospitante di concedere il diritto di soggiorno per un periodo superiore ai tre mesi al coniuge dello stesso sesso di un cittadino dell'Unione. Il commento segue una struttura a " cerchi concentrici " , prendendo avvio dagli aspetti più tradizionali e coerenti con la giurisprudenza precedente, passando attraverso l'interpretazione del concetto di " coniuge " previsto dalla direttiva e sulla determinazione dell'ambito e delle condizioni della sua applicazione, fino a giungere all'analisi della sentenza in prospettiva " dinamica " , individuando alcuni possibili effetti " di sistema " delle argomentazioni dalla Corte, relativamente alla funzione dell'identità nazionale degli Stati membri e agli effetti della pronuncia oltre l'ambito della libertà di circolazione.
In the case Coman v. Romania, the Court of Justice of the European Union affirmed the gender neutral nature of the concept of " spouse " contained in Directive 2004/38/EC and the duty for a Member State to acknowledge the right to stay for the spouse of a Union's citizen. The commentary provides a " concentric circles " analysis, starting from the interpretation of " spouse " and the determination of its scope of implementation, leading to a dynamic analysis focused on the eventual systematic effects of the judgment, with a special attention to the relationship with the Memeber States' national identity and its impact beyond the limited scope of freedom of circulation.
In the case Coman v. Romania, the Court of Justice of the European Union affirmed the gender neutral nature of the concept of " spouse " contained in Directive 2004/38/EC and the duty for a Member State to acknowledge the right to stay for the spouse of a Union's citizen. The commentary provides a " concentric circles " analysis, starting from the interpretation of " spouse " and the determination of its scope of implementation, leading to a dynamic analysis focused on the eventual systematic effects of the judgment, with a special attention to the relationship with the Memeber States' national identity and its impact beyond the limited scope of freedom of circulation.
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The article stems from the ongoing legislative debate occurring in Italy in order to detect and rationalise the essential constitutional prerequisites and indicators which a statutory law providing for mandatory vaccinations should comply... more
The article stems from the ongoing legislative debate occurring in Italy
in order to detect and rationalise the essential constitutional prerequisites and indicators which a statutory law providing for mandatory vaccinations should comply with. The main goal is to propose a set of conditions which can reasonably guarantee the constitutional compatibility of mandatory vaccination with the general principles and individuals’ rights involved. The analysis is conducted by implementing the comparative methods: the constitutional case-law of those national legal orders in which forms of mandatory vaccinations are established has been selected and examined, with the aim to provide legislators with a «constitutional map» in this context. The comparative survey clearly shows that elements such as the scientific grounds for legislative choices or the existence of clauses of flexibility (linked with the health condition of individuals) may convert mandatory vaccinations as legitimate, even if non mandatory, tool for the protection of individual and public health.
in order to detect and rationalise the essential constitutional prerequisites and indicators which a statutory law providing for mandatory vaccinations should comply with. The main goal is to propose a set of conditions which can reasonably guarantee the constitutional compatibility of mandatory vaccination with the general principles and individuals’ rights involved. The analysis is conducted by implementing the comparative methods: the constitutional case-law of those national legal orders in which forms of mandatory vaccinations are established has been selected and examined, with the aim to provide legislators with a «constitutional map» in this context. The comparative survey clearly shows that elements such as the scientific grounds for legislative choices or the existence of clauses of flexibility (linked with the health condition of individuals) may convert mandatory vaccinations as legitimate, even if non mandatory, tool for the protection of individual and public health.
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Il 28 settembre 2017, presso il Campus Luigi Einaudi di Torino, si terrà il Workshop “Right to Enjoy the Benefits of Science and Freedom of Research”, organizzato dal Gruppo di interesse SIDI in Bioetica e Biodiritto Internazionale ed... more
Il 28 settembre 2017, presso il Campus Luigi Einaudi di Torino, si terrà il Workshop “Right to Enjoy the Benefits of Science and Freedom of Research”, organizzato dal Gruppo di interesse SIDI in Bioetica e Biodiritto Internazionale ed Europeo, dall'Associazione Luca Coscioni e dal Gruppo BioDiritto dell'Università di Trento.
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Sommario: 1. Il quadro statistico: evoluzione del fenomeno migratorio e impatto sul sistema di welfare. 2. Il quadro costituzionale dell'accesso all'assistenza sanitaria: diritto (economicamente condizionato) della persona o dovere... more
Sommario: 1. Il quadro statistico: evoluzione del fenomeno migratorio e impatto sul sistema di welfare. 2. Il quadro costituzionale dell'accesso all'assistenza sanitaria: diritto (economicamente condizionato) della persona o dovere (finanziariamente circoscritto) del legislatore? 3. Legislazione in materia di assistenza sanitaria degli stranieri: l'Healthcare Act n. CLIV del 1997. 4. Richiedenti asilo e titolari di protezione: tendenziale equiparazione ai cittadini ungheresi ed effettività delle condizioni di accoglienza. 5. Stranieri irregolarmente presenti: accesso alle cure di urgenza e configurabilità di un " contenuto essenziale " del diritto alla salute. 6. Il dovere di assistenza sanitaria economicamente condizionato e legislativamente " ostacolato " : verso una contrazione dell'accesso alle cure per le categorie " deboli " di stranieri.
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The article analyses the main characteristics and issues raised by the “ hotspot approach”, implemented within the legal and institutional arrangements introduced at the European and national levels in order to handle migration... more
The article analyses the main characteristics and issues raised by the “ hotspot approach”, implemented within the legal and institutional arrangements introduced at the European and national levels in order to handle migration phenomenon. After having discussed the existing European regulatory framework, criticisms of the Italian approach to “hotspots” are analysed, with a specific view on its compatibility with constitutional principles.
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The paper assumes the existing failures in effectively implementing the reception system set for by the legislative decree n. 142/2015. Firstly, it examines the different meanings of the concept of reception;; secondly, it underlines the... more
The paper assumes the existing failures in effectively implementing the reception system set for by the legislative decree n. 142/2015. Firstly, it examines the different meanings of the concept of reception;; secondly, it underlines the failures in implementing the ordinary reception system based on SPRAR; eventually, it assesses whether recent normative developments can contribute to the effective implementation of a unitary reception system based on SPRAR intended as the ordinary model of management of this social phenomenon.
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Abstract: First Chapter of the Global Administrative Law Casebook (3rd ed., 2012). The book is an attempt to analyse global administrative law through the elaboration and examination of a number of different cases and case-studies. The... more
Abstract: First Chapter of the Global Administrative Law Casebook (3rd ed., 2012). The book is an attempt to analyse global administrative law through the elaboration and examination of a number of different cases and case-studies. The architecture of its contents mirrors the characteristics of this field.
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Editoriale pubblicato in BioLaw Journal-Rivista di BioDiritto, n. 1, 2017
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The Editorial Board of BioLaw Journal – Rivista di BioDiritto has the pleasure of launching, in occasion of the eight issue of the Journal, a call for papers dedicated to the theme of end of life issues. The traditional and well-explored... more
The Editorial Board of BioLaw Journal – Rivista di BioDiritto has the pleasure of launching, in occasion of the eight issue of the Journal, a call for papers dedicated to the theme of end of life issues.
The traditional and well-explored topic of end of life issues always offers new motives for reflection in the biolegal and bioethical arena, both at the theoretical and institutional level.
Dying is a process more and more influenced by new technological and scientific developments. Over years, this process was affected by a progressive expansion of the space for individual choice and self-determination concerning the way and time to be cured and the possibility of refusing treatments and interventions.
The call focuses on the latest developments in the field of biolegal and bioethical issues related to end of life, both from a general and theoretical perspective (for example with regard to the thorny constitutional framing of euthanasia and assisted suicide, to the role of the judiciary in front of restrictive legal rules…) and through the description and analyses of more specific matters, among which:
- end of life decisions by incapable people;
- the special situation of vegetative and minimally conscious states and the impact of most recent neuroscientific research developments;
- issues related to permanent and continuous sedation;
- the definitions of futility, disproportionate therapy, overtreatment…;
- financial and economic issues related to resource allocation and to healthcare services’ sustainability;
- the new frontiers of the right to try for terminally ill patients.
The call welcomes contributions not only from all legal disciplines, but also from other sciences, such as ethics and philosophy, medicine, history, sociology, psychology, economics and so on.
The traditional and well-explored topic of end of life issues always offers new motives for reflection in the biolegal and bioethical arena, both at the theoretical and institutional level.
Dying is a process more and more influenced by new technological and scientific developments. Over years, this process was affected by a progressive expansion of the space for individual choice and self-determination concerning the way and time to be cured and the possibility of refusing treatments and interventions.
The call focuses on the latest developments in the field of biolegal and bioethical issues related to end of life, both from a general and theoretical perspective (for example with regard to the thorny constitutional framing of euthanasia and assisted suicide, to the role of the judiciary in front of restrictive legal rules…) and through the description and analyses of more specific matters, among which:
- end of life decisions by incapable people;
- the special situation of vegetative and minimally conscious states and the impact of most recent neuroscientific research developments;
- issues related to permanent and continuous sedation;
- the definitions of futility, disproportionate therapy, overtreatment…;
- financial and economic issues related to resource allocation and to healthcare services’ sustainability;
- the new frontiers of the right to try for terminally ill patients.
The call welcomes contributions not only from all legal disciplines, but also from other sciences, such as ethics and philosophy, medicine, history, sociology, psychology, economics and so on.
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Resumen: El presente artículo se propone desarrollar el tema de la regulación de la actividad médica y de investigación científica por parte de los legisladores nacionales, en el marco de un panorama normativo en donde la influencia de... more
Resumen: El presente artículo se propone desarrollar el tema de la regulación de la actividad médica y de investigación científica por parte de los legisladores nacionales, en el marco de un panorama normativo en donde la influencia de las fuentes internacionales resulta ser un elemento relevante que los legisladores deben considerar a la hora de intervenir en este ámbito.
Abstract: This paper deals with the sometimes problematic regulation at national level of medical and scientific issues and defends the necessity for national legislator of taking into consideration the sources of international and comparative law at this regards. Palabras clave: Legislación sobre cuestiones científicas – Derecho comparado-Bioética
Abstract: This paper deals with the sometimes problematic regulation at national level of medical and scientific issues and defends the necessity for national legislator of taking into consideration the sources of international and comparative law at this regards. Palabras clave: Legislación sobre cuestiones científicas – Derecho comparado-Bioética
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The paper analyses the effective implementation of the Italian Law on assisted reproductive technologies (Law 40/2004). The main focus is the impact of the legislative framework on woman's rights, with a special regard to the right to... more
The paper analyses the effective implementation of the Italian Law on assisted reproductive technologies (Law 40/2004). The main focus is the impact of the legislative framework on woman's rights, with a special regard to the right to procreate and the right to health. The Italian regulation is analysed in the light of its implementation by judges, which have massively intervened on legislative contents, in order to guarantee the conformity with the Constitution and with woman's rights.
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The scientific content of questions that national, supranational and international courts increasingly face in exercising their function may influence the traditional relationship between judicial and legislative discretionary power.... more
The scientific content of questions that national, supranational and international courts increasingly face in exercising their function may influence the traditional relationship between judicial and legislative discretionary power. Through a comparative analysis of decisions derived from Constitutional, Supreme, European and International Courts, the article provides for a systematization of the different attitudes that jurisdictions may adopt before “scientific questions”. Special emphasis will be dedicated to the approach concretely implemented by courts, within a classification that goes from self-restraint to judicial activism.
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Greece has recently amended its legislation on medically assisted reproduction , extending the conditions under which surrogacy can be practiced and introducing one of the most liberalised regime of surrogacy in Europe. The aim of this... more
Greece has recently amended its legislation on medically assisted reproduction , extending the conditions under which surrogacy can be practiced and introducing one of the most liberalised regime of surrogacy in Europe. The aim of this paper is to investigate, in a comparative perspective, the consequences of these new provisions, taking also into account the Italian legal framework, considered one of the most restrictive at the European level – in the perspective of the most recent developments of the European Court of Human Rights' case law. In particular, the paper focuses on the problem of the guarantee of the best interests of the child born through surrogacy and on the legal issues related to the phenomenon of cross-border surrogacy.
Research Interests: Constitutional Law, Medical Law, Comparative Constitutional Law, Biolaw, European Court of Human Rights, and 10 moreAssisted Reproductive Technologies, Surrogacy, Diritto Costituzionale Comparato, Diritto Costituzionale, Biodiritto, Children's Best Interests, Crossborder Surrogacy, Procreazione medicalmente assistita, International biolaw, and Maternità surrogata
Il contributo presenta un’analisi, fondata sulla dottrina costituzionalistica e sulla giurisprudenza della Corte costituzionale, del fondamento costituzionale di un approccio di “salute in tutte le politiche”, inteso... more
Il contributo presenta un’analisi, fondata sulla dottrina costituzionalistica e sulla giurisprudenza della Corte costituzionale, del fondamento costituzionale di un approccio di “salute in tutte le politiche”, inteso quale metodo politico-normativo che riconosce la natura trasversale degli interventi di protezione e promozione della salute, la quale non può essereintesa da una prospettiva meramente sanitaria ma integrata, al fine di incidere sulla qualità dei cd. determinati sociali della salute. La tutela e la promozione della salute sembrano assumere dimensioni normative che vanno al di là della “mera” erogazione di prestazioni sanitarie. Riconosciuta la possibilità di fondare l’introduzione di un approccio di “salute in tutte le politiche” sulla interpretazione fornita dalla Corte costituzionale degli artt. 3, 32, 38 e 41 Cost., viene proposta un’analisi empirica del contesto normativo della Provincia autonoma di Trento, nel quale è stato avviato un processo di inserimento di tale metodo a livello di programmazione delle politiche provinciali.
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Post sul sito www.biodiritto.org
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Nella sentenza n. 119 del 2015, la Corte costituzionale ha dichiarato incostituzionale il requisito della cittadinanza italiana, richiesto per l’ammissione al servizio civile volontario dall’articolo 3 del decreto legislativo n. 77 del... more
Nella sentenza n. 119 del 2015, la Corte costituzionale ha dichiarato incostituzionale il requisito della cittadinanza italiana, richiesto per l’ammissione al servizio civile volontario dall’articolo 3 del decreto legislativo n. 77 del 2002 (Istituzione del servizio civile nazionale), in quanto contrasta con gli articoli 2 e 3 della Costituzione, provocando una irragionevole esclusione nei confronti dei cittadini stranieri che risiedono regolarmente in Italia. La sentenza viene analizzata, da un lato, alla luce della giurisprudenza costituzionale in materia di servizio civile volontario, evidenziandone gli elementi di continuità e di sviluppo; e, dall’altro lato, se ne propone una lettura orientata a identificare l’eventuale emersione di una dimensione “costituzionale” di cittadinanza, la quale può orientare l’intervento del legislatore anche in ambiti diversi della disciplina giuridica dei cittadini stranieri regolarmente residenti in Italia.
The decision n. 119 of 2015 of the Italian constitutional Court has declared unconstitutional the requirement of the Italian citizenship, in order to access to the voluntary civil service, provided for by art. 3 of the legislative decree n. 77/2002. It unreasonably excludes foreign citizens, although they legally reside in Italy, thus it clashes with articles 2 and 3 of the Italian Constitution. The article highlights, on the one hand, the relationships of the decision with the existent case-law related to the constitutional status of the voluntary civil service; and, on the other hand, it interprets the decision in order to derive a “constitutional” dimension of citizenship, which can orient de iure condendo the regulation of the legal status of foreign citizens.
The decision n. 119 of 2015 of the Italian constitutional Court has declared unconstitutional the requirement of the Italian citizenship, in order to access to the voluntary civil service, provided for by art. 3 of the legislative decree n. 77/2002. It unreasonably excludes foreign citizens, although they legally reside in Italy, thus it clashes with articles 2 and 3 of the Italian Constitution. The article highlights, on the one hand, the relationships of the decision with the existent case-law related to the constitutional status of the voluntary civil service; and, on the other hand, it interprets the decision in order to derive a “constitutional” dimension of citizenship, which can orient de iure condendo the regulation of the legal status of foreign citizens.
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Reperibile alla URL: http://www.biodiritto.org/index.php/item/672-corte-96-2015
Fonte: www.biodiritto.org
Fonte: www.biodiritto.org
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Research Interests: Criminal Law, Constitutional Law, Human Rights, Irregular Migration, Immigration Law, and 9 moreGiorgio Agamben, European Immigration and Asylum Law, Immigrant Detention, Agamben, Punishment and Prisons, Filosofia del Diritto, Diritto Costituzionale, Human rights and administrative detention centres, and Diritto Dell'Immigrazione
This paper is structured in three sections. In the first section, the theoretical framework of the analysis will be laid out, grounded on the need for a paradigm shift when classifying national regulations on assisted reproductive... more
This paper is structured in three sections. In the first section, the theoretical framework of the analysis will be laid out, grounded on the need for a paradigm shift when classifying national regulations on assisted reproductive technologies (ARTs). Instead of focusing directly on the specific content of each national regulation, it is more appropriate to move towards a focus on the characteristics of the decision-making process which drive political choices. In the second section, a comparative analysis will be provided of legal systems belonging to different legal families (civil law and common law families), such as Spain and the UK, France and Italy. The analysis will be conducted using a set of classificatory indexes covering both the decision-making process and the theory of law which is developed within specific but different regulatory regimes. According to these criteria, the legal systems analysed have been classified according to a three-fold distinction: the 'procedure-oriented' model (UK and Spain); the 'hybrid' model (France); and the 'value-oriented' model (Italy). Comparison seems to show the need for new actors, sites and procedures of law-making in the field of ART. Accordingly, it seems advisable to devise new regulatory systems, in order to achieve, on the ground of comparative analysis, original mechanisms of law-making, starting from the assumption that sharing common deliberative methods proves to be more effective in view of a convergence of national policies. In the last section, a new regulatory mechanism will be proposed. It has been defined as 'integration by specialisation' of regulatory tools. This proposal stems from the assumption that, rather than harmonisation by imposing common regulatory content, harmonisation between national regulations (which is crucial in the light of both a uniform health care system and a common “market” of biotechnological research in the EU framework) can be effectively achieved by enforcing common regulatory mechanisms. These mechanisms can be based on the plurality of regulatory tools, each characterised by a specific (autonomous) normative function.
Research Interests: Comparative Law, Constitutional Law, Bioethics, Medical Law, Decision Making, and 10 morePublic Health Law, Comparative Constitutional Law, Biolaw, Health Law, Decision Making Under Uncertainty, Bioethics Reproductive Technology, Medical Ethics & Law, Medical Law and Ethics, Diritto Costituzionale, and Biodiritto
L’articolo parte dall’analisi del contesto costituzionale nell’ambito dell’istruzione e della scuola, incentrandosi in particolare sul rapporto tra funzione scolastica, centralità della persona e ruolo dei pubblici poteri. Su tale base,... more
L’articolo parte dall’analisi del contesto costituzionale nell’ambito dell’istruzione e della scuola, incentrandosi in particolare sul rapporto tra funzione scolastica, centralità della persona e ruolo dei pubblici poteri. Su tale base, verrà proposta
la qualificazione della scuola come comunità, intesa quale formazione sociale attraverso la quale si forma e svolge la personalità degli individui. Il quadro teorico proposto verrà quindi messo alla prova attraverso l’analisi di due ambiti specifici del settore scolastico, all’interno dei quali la tenuta della rete costituzionale costituita dagli articoli 33 e 34 e 2 e 3 Cost. raggiunge il livello di “rottura” più elevato. I casi analizzati sono la disciplina dell’accesso all’istruzione degli studenti
disabili e degli studenti stranieri. In sede di conclusioni, il quadro normativo verrà riconsiderato sulla base dell’analisi dei due casi di studio, inserendo la variabile, decisiva nel determinare il livello di corrispondenza tra quadro costituzionale e quadro normativo di attuazione, del finanziamento del “diritto allo studio”, la cui effettiva realizzazione risulta condizionata dagli investimenti finanziari garantiti in tale ambito dall’intervento pubblico, anche alla luce della giurisprudenza costituzionale (ed europea) in termini di natura economicamente condizionata del diritto all’istruzione.
la qualificazione della scuola come comunità, intesa quale formazione sociale attraverso la quale si forma e svolge la personalità degli individui. Il quadro teorico proposto verrà quindi messo alla prova attraverso l’analisi di due ambiti specifici del settore scolastico, all’interno dei quali la tenuta della rete costituzionale costituita dagli articoli 33 e 34 e 2 e 3 Cost. raggiunge il livello di “rottura” più elevato. I casi analizzati sono la disciplina dell’accesso all’istruzione degli studenti
disabili e degli studenti stranieri. In sede di conclusioni, il quadro normativo verrà riconsiderato sulla base dell’analisi dei due casi di studio, inserendo la variabile, decisiva nel determinare il livello di corrispondenza tra quadro costituzionale e quadro normativo di attuazione, del finanziamento del “diritto allo studio”, la cui effettiva realizzazione risulta condizionata dagli investimenti finanziari garantiti in tale ambito dall’intervento pubblico, anche alla luce della giurisprudenza costituzionale (ed europea) in termini di natura economicamente condizionata del diritto all’istruzione.
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This article analyses the legal framework for the protection and promotion of three linguistic groups with a historical presence in the Province of Trentino, Italy, namely: Ladins, Mòcheni and Cimbrians. By assuming the need for a... more
This article analyses the legal framework for the protection and promotion of
three linguistic groups with a historical presence in the Province of Trentino,
Italy, namely: Ladins, Mòcheni and Cimbrians. By assuming the need for a
normative approach based on the empowerment and direct participation of
minorities in the definition and implementation of promotional policies, the
article describes the legal model set out in Provincial Law 6/2008 on the
protection and promotion of the rights of local linguistic minorities. It analyses
the specific approach to linguistic minorities adopted by the Province of
Trentino, highlighting the role of the linguistic groups in both policy making and
policy implementation. It focuses on the normative framework, with special
attention being paid to participatory and accountability instruments. The analysis
addresses the role of linguistic minorities in implementing promotional policies,
and the case study demonstrates how it is possible to integrate the right to
participate in the decision-making process with a duty to take action conferred
directly upon minorities and their institutions, by increasing the level of
adequateness, feasibility and sustainability of the legal framework.
three linguistic groups with a historical presence in the Province of Trentino,
Italy, namely: Ladins, Mòcheni and Cimbrians. By assuming the need for a
normative approach based on the empowerment and direct participation of
minorities in the definition and implementation of promotional policies, the
article describes the legal model set out in Provincial Law 6/2008 on the
protection and promotion of the rights of local linguistic minorities. It analyses
the specific approach to linguistic minorities adopted by the Province of
Trentino, highlighting the role of the linguistic groups in both policy making and
policy implementation. It focuses on the normative framework, with special
attention being paid to participatory and accountability instruments. The analysis
addresses the role of linguistic minorities in implementing promotional policies,
and the case study demonstrates how it is possible to integrate the right to
participate in the decision-making process with a duty to take action conferred
directly upon minorities and their institutions, by increasing the level of
adequateness, feasibility and sustainability of the legal framework.
Research Interests:
Research Interests:
Nella prima parte dello scritto verranno analizzate alcune recenti sentenze della Corte EDU, individuate all'interno di due contesti rispetto ai quali il fattore scientifico-tecnologico assume un ruolo decisivo, tanto rispetto ai... more
Nella prima parte dello scritto verranno analizzate alcune recenti sentenze della Corte EDU, individuate all'interno di due contesti rispetto ai quali il fattore scientifico-tecnologico assume un ruolo decisivo, tanto rispetto ai contenuti delle legislazioni nazionali quanto alla valutazione di compatibilità delle medesime con la CEDU: la PMA e l’IVG. Nel condurre l'analisi, verranno seguiti tre fili conduttori, che corrispondono a questioni tradizionali della giurisprudenza CEDU, ma che sembrano assumere – in tali contesti – dimensioni e prospettive inedite: l’ambito di applicazione della nozione di ‘vita privata e familiare’ protetta dall'articolo 8 CEDU; il rapporto tra teoria del consensus e margine di apprezzamento nazionale; l’incisività e le tecniche utilizzate dalla Corte EDU nel valutare l’esercizio in concreto della discrezionalità.
Research Interests: Law, Jurisprudence, Constitutional Law, Medical Law, International Law, and 12 moreHuman Rights, Biolaw, Health Law, European Convention of Human Rights, Bioethics Reproductive Technology, Abortion, European Court of Human Rights, Medical Ethics & Law, Assisted Reproductive Technologies, Diritto Costituzionale, Biodiritto, and Margin of Appreciation
This article will describe the current legal framework on assisted reproduction technology (ART) regulation in Italy, taking into account recent case-law derived from the implementation of the Law 40 of 2004 on ART. Special... more
This article will describe the current legal framework on assisted reproduction technology (ART) regulation in Italy, taking into account recent case-law derived from the implementation of the Law 40 of 2004 on ART. Special attention will be devoted to the case of Costa and Pavan v. Italy, recently decided by the Tenth Session of the European Court of Human Rights (ECtHR). In that decision, the European Court declared the incompatibility of the ban to pre-implantation genetic diagnosis introduced by the abovementioned Italian law on ART. The case will be analysed from a dual perspective. On the one hand, it will be considered in the light of the ECtHR case-law, in order to derive systematic aspects of continuity or discontinuity between the former and the latter. On the other hand, the case will be considered in the light of its concrete and prospective impact on the Italian legal approach to ART regulation, considering especially the direct and indirect influence of the case: e.g., its possible utilisation by Italian judges when they are called upon to implement Law 40.
Research Interests: European Studies, Constitutional Law, Medical Law, International Law, International Human Rights Law, and 6 moreEuropean and International Law, European Convention of Human Rights, Bioethics Reproductive Technology, Constitutional law, Human Rights & Humanitarian law, European Court of Human Rights, and Diritto Costituzionale
Research Interests:
Research Interests:
Research Interests:
The paper aims to suggest different regulatory models emerging from the comparative analysis of some national regulations on assisted reproduction technologies (ART), such as Spain, the UK, France and Italy. The aim is to identify common... more
The paper aims to suggest different regulatory models emerging from the comparative analysis of some national regulations on assisted reproduction technologies (ART), such as Spain, the UK, France and Italy. The aim is to identify common trends when approaching the decision-making process regarding ART, in order to answer the following questions: Is a set of common procedural principles (standards) detectable? What is their impact on the content of statutory law? The proposal is to shift from statutory content to the method of law-making process, in order to verify if it might be possible to identify a connection between the concrete characters of that process and its outcome. Therefore, the following indexes have been considered: a) the regulative space that is recognized by each jurisdiction for regulatory sources other than the statutory one, considering particularly the role of science and scientific knowledge as regulative means; b) the role of both expertise and society in the decision-making process and their impact on the content of regulation (in terms of both participation in and exclusion from that process); c) the existence of regulatory mechanisms open to expertise involvement in the law-enforcement process; d) law-making and law-evaluation mechanisms; e) the adequacy of scientific content of legislation, evaluated also on the grounds of its performance; f) the impact of expertise involvement on the degree of discretion exercised by the legislature. The comparative analysis has led to the identification of two general (and competing) models: 'procedure-oriented' and 'value-oriented' systems. The distinction is based on the degree of fulfillment of each classification index: the more they are accomplished, the more the regulative model will move towards a procedural approach. In order to describe the main characteristics of both models, it can be said that while within the ‘procedure-oriented’ the integration of different regulative tools prevails (albeit with different levels and mechanisms of implementation), on the contrary the ‘value-oriented’ model is characterized by a statutory-centered approach that excludes (or prevents) any contribution from different regulative sources. By analyzing different national legal systems (Spain, France and Italy), an attempt will be made to understand what the effects of each approach are, in terms of constitutional legitimacy, scientific adequateness and effective implementation.
Research Interests: Comparative Law, Constitutional Law, Human Genetics, Medical Law, Decision Making, and 9 morePublic Health Law, Sexual and Reproductive Health, Human Rights, Law and Society, Comparative Public Law, Comparative Constitutional Law, Decision Making Under Uncertainty, Health Policy, and Decision-Making
This paper proposes a classification of hESC research regulation by shifting from the statutory content of relevant national Laws to the method of decision-making process, in order to verify whether it is possible to identify a connection... more
This paper proposes a classification of hESC research regulation by shifting from the statutory content of relevant national Laws to the method of decision-making process, in order to verify whether it is possible to identify a connection between the concrete characters of that process and its outcome. A set of procedural indexes are identified and applied to the analysed legal systems. According to an increasing fulfillment of indexes, we may individuate two main regulatory families: the ‘value oriented’ and the ‘procedure oriented’ ones. The latter is developing an increasing impact within European context: it is characterised by a mix of regulatory sources, each developing a specific function. Within this model, statutory law cannot infringe a regulatory space reserved to expertise and selfregulation, developing a subsidiary function; furthermore, it has to recognise the integrative role of expertise within statutory-making process.
Research Interests:
Research Interests:
Research Interests:
This article is structured in three sections. In the first section, the theoretical framework of the analysis will be laid out, grounded on the need for a paradigm shift when classifying national regulations on assisted reproductive... more
This article is structured in three sections. In the first section, the theoretical framework of the analysis will be laid out, grounded on the need for a paradigm shift when classifying national regulations on assisted reproductive technologies (ARTs). Instead of focusing directly on the specific content of each national regulation, it is more appropriate to move towards a focus on the characteristics of the decision-making process which drive political choices. In the second section, a comparative analysis will be provided of legal systems belonging to different legal families (civil law and common law families), such as Spain and the UK, France and Italy. The analysis will be conducted using a set of classificatory indexes covering both the decision-making process and the theory of law which is developed within specific but different regulatory regimes. According to these criteria, the legal systems analysed have been classified according to a threefold distinction: the ‘procedure-oriented’ model (UK and Spain); the ‘hybrid’ model (France); and the ‘value-oriented’ model (Italy). Comparison seems to show the need for new actors, sites and procedures of law-making in the field of ART. Accordingly, it seems advisable to devise new regulatory systems, in order to achieve, on the ground of comparative analysis, original mechanisms of law-making, starting from the assumption that sharing common deliberative methods proves to be more effective in view of a convergence of national policies. In the last section, a new regulatory mechanism will be proposed. It has been defined as ‘integration by specialisation’ of regulatory tools. This proposal stems from the assumption that, rather than harmonisation by imposing common regulatory content, harmonisation between national regulations (which is crucial in the light of both a uniform health care system and a common ‘market’ of biotechnological research in the European Union framework) can be effectively achieved by enforcing common regulatory mechanisms. These mechanisms can be based on the plurality of regulatory tools, each characterised by a specific (autonomous) normative function.
Research Interests:
Research Interests:
Il comitato di direzione di BioLaw Journal – Rivista di BioDiritto ha il piacere di proporre, in occasione del fascicolo n. 2/2017 della Rivista, una call for papers dedicata al tema della dignità umana
Research Interests:
BioLaw Journal - Rivista di BioDiritto (http://www.biodiritto.org/ojs/index.php?journal=biolaw&page=index) is a free online law journal focusing on the relationships between law and life sciences under a comparative perspective. According... more
BioLaw Journal - Rivista di BioDiritto (http://www.biodiritto.org/ojs/index.php?journal=biolaw&page=index) is a free online law journal focusing on the relationships between law and life sciences under a comparative perspective. According to its interdisciplinary nature, the Journal hosts contributions in the fields of law, life sciences and bioethics.
The Journal is always open to the submission of articles and commentaries in Italian, English, French and Spanish.
All papers submitted to the Journal are subject to double blind peer review and to the approval of the Steering Committee.
Papers matching the scope of the Journal papers are sent to at least two independent referees for evaluation. Referees advice on the originality and merit of the papers. The Steering Committee decides on publication.
To submit your paper, please, register on the Journal website (filling the form you could find here), selecting the box “Register as Author”. Click on “New submission” and follow the instructions to submit a word file.
The file has to be made anonymous and comply with the Journal Author Guidelines (http://www.biodiritto.org/ojs/index.php?journal=biolaw&page=about&op=submissions#onlineSubmissions).
The deadline to submit a paper for n. 1/2017 of the Journal (online in February 2017) is 10 January 2017.
The Journal is always open to the submission of articles and commentaries in Italian, English, French and Spanish.
All papers submitted to the Journal are subject to double blind peer review and to the approval of the Steering Committee.
Papers matching the scope of the Journal papers are sent to at least two independent referees for evaluation. Referees advice on the originality and merit of the papers. The Steering Committee decides on publication.
To submit your paper, please, register on the Journal website (filling the form you could find here), selecting the box “Register as Author”. Click on “New submission” and follow the instructions to submit a word file.
The file has to be made anonymous and comply with the Journal Author Guidelines (http://www.biodiritto.org/ojs/index.php?journal=biolaw&page=about&op=submissions#onlineSubmissions).
The deadline to submit a paper for n. 1/2017 of the Journal (online in February 2017) is 10 January 2017.
Research Interests:
Surrogacy is a very popular issue in the present time and it raises ethical and legal questions calling for urgent answers. Technology did not create a new problem. Rather, it highlighted the ethical and legal profiles of a very ancient... more
Surrogacy is a very popular issue in the present time and it raises ethical and legal questions calling for urgent answers. Technology did not create a new problem. Rather, it highlighted the ethical and legal profiles of a very ancient affair: the carrying of a pregnancy by a woman who delivers the baby for parents unable to conceive by themselves.
Assisted reproductive technologies (ARTs) created in fact an extremely wide panorama in which some very different forms of surrogacy appear.
Embryos can be created either using the intended father's sperm and intended mother's ova or third parties’ gametes. Otherwise, gametes could come one from inside the commissioning couple and the other from a third donor. Moreover, the implied ovum could be that of the surrogate mother (traditional surrogacy). Reasoning in the context of same-sex unions, this tableau becomes even more complex.
According to the different hypotheses, links among involved subjects change: both commissioning parents could be genetically linked to the child; just one of them could be or none, when third parties are involved in gametes’ donation. The surrogate mother will be linked to the baby in the case of traditional surrogacy only.
The case of intended parents (gay or heterosexual) achieving the effects of surrogacy by any form of adoption is not included among the previous examples. This hypothesis, traditionally regulated, can only be considered relevant for the purpose of this call in relation to the proximity with the case of an embryo created with gametes both coming from external donors.
Assisted reproductive technologies (ARTs) created in fact an extremely wide panorama in which some very different forms of surrogacy appear.
Embryos can be created either using the intended father's sperm and intended mother's ova or third parties’ gametes. Otherwise, gametes could come one from inside the commissioning couple and the other from a third donor. Moreover, the implied ovum could be that of the surrogate mother (traditional surrogacy). Reasoning in the context of same-sex unions, this tableau becomes even more complex.
According to the different hypotheses, links among involved subjects change: both commissioning parents could be genetically linked to the child; just one of them could be or none, when third parties are involved in gametes’ donation. The surrogate mother will be linked to the baby in the case of traditional surrogacy only.
The case of intended parents (gay or heterosexual) achieving the effects of surrogacy by any form of adoption is not included among the previous examples. This hypothesis, traditionally regulated, can only be considered relevant for the purpose of this call in relation to the proximity with the case of an embryo created with gametes both coming from external donors.
Research Interests:
The Editorial Board, composed of Carlo Casonato, Roberto Bin and Antonio D’Aloia, has the pleasure of launching, in occasion of the second issue of the BioLaw Journal, a call for papers dedicated to the following topic: The Italian law... more
The Editorial Board, composed of Carlo Casonato, Roberto Bin and Antonio D’Aloia, has the pleasure of launching, in occasion of the second issue of the BioLaw Journal, a call for papers dedicated to the following topic: The Italian law 40/2004 ten years later.
The law 40/2004 was one of the most controversial laws of the legislative history of our Country. It has been approved after a period of partial deregulation in the field of assisted reproduction and it stated a sharp choice which in part contradicts the regulation on abortion. Assisted reproduction is originally framed in a perspective in which the protection of the rights of the embryo and the biological dimension of parenthood are predominant. The use of assisted reproduction techniques is designed as a mere remedy against sterility or infertility; heterologous insemination and surrogacy are prohibited and only heterosexual couples can access these techniques. Finally, the protection of the embryo goes as far to impose a maximum number of embryos to be produced and their contemporary implantation, calling pre-implantation genetic diagnosis into question, even for couples affected by genetically transmissible diseases.
Ten years later, this original setting has changed dramatically. The Constitutional Court cancelled the limits related to the production of embryos and the duty of contemporary implantation and, finally, the ban on heterologous fertilization (the decision 162/2014 has just been published); the Strasbourg Court considered that excluding couples with hereditary diseases and prohibiting pre-implantation genetic diagnosis constitute a violation of articles 8 and 14 of ECHR; the merit courts not only initiated proceedings that led the Constitutional Court to rule on the constitutional reasonableness of law 40 (other issues are still sub judice), but has also used all of its interpretive resources, in some cases going far beyond logical and textual limits of interpretation, to erode or disable limitative mechanisms set by the legislator. Even on the issue of gender diversity of couples’ members, required in order to access assisted reproduction techniques, the option of the law 40/2004, consistent with the overall attitude of most Italian doctrine against homosexual marriage and parenthood, is exposed to pressure coming on the one hand from advocates for an urgent normative intervention to give a legal regulation to same-sex couples, and on the other hand from the consolidating interpretation (mostly supported by the ECHR Court) according to which sexual orientation of parents does not affect in any way the cultural and educational process of the child.
The substantial démontage of the law 40/2004 realised by the judiciary, both represents a perfect image of the complicated relationship between law and judges on the ground of fundamental rights, in particular when dealing with biolaw issues, and offers an interesting laboratory to analyze methodological profiles of the legislative decision, such as the relevance of data and of scientific and technological achievements as an element of the reasonableness of the law. It looks useful to rebuild the current face of law 40/2004, to understand whether these corrective interventions provided the legislative system with a new consistency (in both constitutional and internal terms) or whether it is necessary for the legislator to open a process of redefinition of the contents of this discipline (and also if a similar scenario could be in this phase politically possible), to wonder how these modifications impacted on the medical management of assisted reproduction procedures, and to discuss the constitutional boundaries of a fair and reasonable balance between the rights and interests involved in this type of proceedings.
On this basis, this call will welcome contributions that can be framed into a perspective that can be defined as: "the law 40/2004 seen from the outside" where "outside" means either from legal cultures of other Countries, or from the scientific and medical world (as well as from other disciplines, such as sociology, economy…) who, in recent years, had to face and manage the structure and limits of the law.
The contributions may concern the overall judicial process of rewriting and adaptation of the law 40/2004 or individual profiles, including (but not limited to):
- biolaw and procreation among legislator, judges and science;
- right to procreate (its form and limits);
- individual profiles of the access to assisted reproduction;
- heterologous fertilization after the judgment of the Constitutional Court;
- agreements and dissonances between the law 40/2004 and the law 194/1978;
- the legal status of the conceived;
- supernumerary embryos and their fate;
- assisted reproduction in other jurisdictions;
- comparative law profiles.
Submitted papers will be anonymously evaluated by an ad hoc scientific committee and selected for publication on the Journal also on the basis of their touch of originality.
Manuscripts shall not exceed 80.000 characters (spaces included) and could be submitted in Italian, English, Spanish or French (an abstract in English is required). Author guidelines are available at this link.
Download the call.
The deadline for electronic submission to biodiritto@gmail.com is September 5th, 2014.
The law 40/2004 was one of the most controversial laws of the legislative history of our Country. It has been approved after a period of partial deregulation in the field of assisted reproduction and it stated a sharp choice which in part contradicts the regulation on abortion. Assisted reproduction is originally framed in a perspective in which the protection of the rights of the embryo and the biological dimension of parenthood are predominant. The use of assisted reproduction techniques is designed as a mere remedy against sterility or infertility; heterologous insemination and surrogacy are prohibited and only heterosexual couples can access these techniques. Finally, the protection of the embryo goes as far to impose a maximum number of embryos to be produced and their contemporary implantation, calling pre-implantation genetic diagnosis into question, even for couples affected by genetically transmissible diseases.
Ten years later, this original setting has changed dramatically. The Constitutional Court cancelled the limits related to the production of embryos and the duty of contemporary implantation and, finally, the ban on heterologous fertilization (the decision 162/2014 has just been published); the Strasbourg Court considered that excluding couples with hereditary diseases and prohibiting pre-implantation genetic diagnosis constitute a violation of articles 8 and 14 of ECHR; the merit courts not only initiated proceedings that led the Constitutional Court to rule on the constitutional reasonableness of law 40 (other issues are still sub judice), but has also used all of its interpretive resources, in some cases going far beyond logical and textual limits of interpretation, to erode or disable limitative mechanisms set by the legislator. Even on the issue of gender diversity of couples’ members, required in order to access assisted reproduction techniques, the option of the law 40/2004, consistent with the overall attitude of most Italian doctrine against homosexual marriage and parenthood, is exposed to pressure coming on the one hand from advocates for an urgent normative intervention to give a legal regulation to same-sex couples, and on the other hand from the consolidating interpretation (mostly supported by the ECHR Court) according to which sexual orientation of parents does not affect in any way the cultural and educational process of the child.
The substantial démontage of the law 40/2004 realised by the judiciary, both represents a perfect image of the complicated relationship between law and judges on the ground of fundamental rights, in particular when dealing with biolaw issues, and offers an interesting laboratory to analyze methodological profiles of the legislative decision, such as the relevance of data and of scientific and technological achievements as an element of the reasonableness of the law. It looks useful to rebuild the current face of law 40/2004, to understand whether these corrective interventions provided the legislative system with a new consistency (in both constitutional and internal terms) or whether it is necessary for the legislator to open a process of redefinition of the contents of this discipline (and also if a similar scenario could be in this phase politically possible), to wonder how these modifications impacted on the medical management of assisted reproduction procedures, and to discuss the constitutional boundaries of a fair and reasonable balance between the rights and interests involved in this type of proceedings.
On this basis, this call will welcome contributions that can be framed into a perspective that can be defined as: "the law 40/2004 seen from the outside" where "outside" means either from legal cultures of other Countries, or from the scientific and medical world (as well as from other disciplines, such as sociology, economy…) who, in recent years, had to face and manage the structure and limits of the law.
The contributions may concern the overall judicial process of rewriting and adaptation of the law 40/2004 or individual profiles, including (but not limited to):
- biolaw and procreation among legislator, judges and science;
- right to procreate (its form and limits);
- individual profiles of the access to assisted reproduction;
- heterologous fertilization after the judgment of the Constitutional Court;
- agreements and dissonances between the law 40/2004 and the law 194/1978;
- the legal status of the conceived;
- supernumerary embryos and their fate;
- assisted reproduction in other jurisdictions;
- comparative law profiles.
Submitted papers will be anonymously evaluated by an ad hoc scientific committee and selected for publication on the Journal also on the basis of their touch of originality.
Manuscripts shall not exceed 80.000 characters (spaces included) and could be submitted in Italian, English, Spanish or French (an abstract in English is required). Author guidelines are available at this link.
Download the call.
The deadline for electronic submission to biodiritto@gmail.com is September 5th, 2014.
Research Interests:
The idea for the foundation of Rivista di BioDiritto – BioLaw Journal stems from the cooperation, in the field of health and medical law, between three research groups operating at the Universities of Trento, Ferrara and Parma. The... more
The idea for the foundation of Rivista di BioDiritto – BioLaw Journal stems from the cooperation, in the field of health and medical law, between three research groups operating at the Universities of Trento, Ferrara and Parma. The editorial initiative consists of a peer reviewed law journal, which will be freely available in a digital edition on the website www.biodiritto.org.
The Editorial Board, composed of Carlo Casonato, Roberto Bin e Antonio D’Aloia, has the pleasure of launching, in occasion of the first issue of the journal, a call for papers dedicated to the following theme.
Beyond Illness: New Understandings of Health and the Law
In recent years medical interventions are more and more often required even in the absence of a pathological status. For example, a right to health care is claimed before the State to tackle predispositions for a disease or with the aim of enhancing physic or cognitive parameters considered inadequate under the individual or social point of view. Besides, public powers are getting more engaged in the setting of primary prevention programs involving life style and behaviours of individuals.
How does the legal system react in front of these phenomena?
How has the border between health and disease changed? To which extent has this shift affected the legal system and fundamental rights?
How does the relationship between the State and the person evolve and how is the balance between constitutionally relevant values and interests realised?
How is the medical role shaped in connection to the increasing demand for interventions on the individual which are not justified by pathological statuses?
Submitted papers will be anonymously evaluated by an ad hoc scientific committee and selected for publication on the Journal.
Manuscripts shall not exceed 80.000 characters and could be submitted in Italian, English, Spanish or French (an abstract in English is required). Author guidelines available in the template below.
The deadline for electronic submission to biodiritto@gmail.com is March 16th, 2014.
The Editorial Board, composed of Carlo Casonato, Roberto Bin e Antonio D’Aloia, has the pleasure of launching, in occasion of the first issue of the journal, a call for papers dedicated to the following theme.
Beyond Illness: New Understandings of Health and the Law
In recent years medical interventions are more and more often required even in the absence of a pathological status. For example, a right to health care is claimed before the State to tackle predispositions for a disease or with the aim of enhancing physic or cognitive parameters considered inadequate under the individual or social point of view. Besides, public powers are getting more engaged in the setting of primary prevention programs involving life style and behaviours of individuals.
How does the legal system react in front of these phenomena?
How has the border between health and disease changed? To which extent has this shift affected the legal system and fundamental rights?
How does the relationship between the State and the person evolve and how is the balance between constitutionally relevant values and interests realised?
How is the medical role shaped in connection to the increasing demand for interventions on the individual which are not justified by pathological statuses?
Submitted papers will be anonymously evaluated by an ad hoc scientific committee and selected for publication on the Journal.
Manuscripts shall not exceed 80.000 characters and could be submitted in Italian, English, Spanish or French (an abstract in English is required). Author guidelines available in the template below.
The deadline for electronic submission to biodiritto@gmail.com is March 16th, 2014.