Download Conceiving Life (Law, Justice and Power Series) by Patrick Hanafin PDF

By Patrick Hanafin

This quantity examines the evolution of reproductive legislation in Italy from the 'far west' of the Nineteen Eighties and 90s via to at least one of the main in all likelihood restrictive structures in Europe. The booklet employs an array of sociological, philosophical and felony fabric as a way to realize why this kind of repressive piece of laws has been produced on the finish of a interval of considerable switch within the dynamic of gender kin in Italy. The publication additionally discusses Italian coverage in the wider eu coverage framework.

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Abortion remained a criminal act under the fascist-era Penal Code of 1930. Title X of the 1930 Penal Code contained the so-called ‘Crimes against the Integrity and Health of the Stock’. Acts that were so defined included abortion, voluntary sterilisation, the transmission of venereal disease and using artificial contraception. The classification of such acts as crimes was justified by the framer of the Penal Code, Alfredo Rocco, in the following terms: it seemed to me that the principal raison d’etre of the indictment of … [such] … practices was to be found in their offence against the interest that the nation has, as an ethnic unit, to defend the continuity and integrity of the stock.

While they agreed that abortion should be decriminalised, they did not want further legislation regulating abortion provision. They called for a female-centred model that would include the setting up of clinics run by women for women outside the domain of male medical power. One such group, which was very influential within Italian feminism, was Rivolta Femminile (Female Revolt). One of its founding forces was Carla Lonzi who in her writings advocated a politics of separatism and self-knowledge (autocoscienza).

31 In this decision, the Court noted the discriminatory nature of the criminal provision and its incompatibility with the equality principle contained in Article 3 of the Constitution. The Court also noted the significant transformation of the status of women in society by that time. It ruled that, contrary to the 1961 decision, the impugned provision gave the husband a position of privilege that could not be justified in the name of maintaining family unity. The Constitutional Court’s decision of 1968 marked a clear break with the immediate post-war culture of refusing to question the legal status of the traditional heteropatriarchal family unit founded on marriage.

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