A human right to eugenics: publication of a study on the ECHR case of Costa and Pavan v. Italy

The Italian law review “Diritto Mercato Tecnologia” has just published the English translation of my study on the case of Costa and Pavan v. Italy, (No. 54270/10, 28th August 2012).

In this judgment, the European Court of Human Rights ruled that, by forbidding the recourse of couples carrying a genetic defect to medically assisted procreation and preimplantation screening, whilst simultaneously permitting abortion in cases where the foetus was suffering from such an illness, Italy had, due to this alleged inconsistency, violated Article 8 of the Convention – which guarantees the right to the respect of private and family life. Furthermore, it demonstrates the increasing willingness of the Court to limit the margin of appreciation the States possess in legislative matters, including in the most ethically controversial areas. This decision constitutes an important step in the recognition of a true right to a genetically healthy child; that is to say to eugenics; that the Court calls the “right [of the applicants] to bring a child into the world who is not affected by the illness that they carry” (§ 65).

View online at: https://c-fam.org/turtle_bay/a-human-right-to-eugenics-publication-of-a-study-on-the-echr-case-of-costa-and-pavan-v-italy/

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