Intertwined but Different. The Heterologous In Vitro Fertilization Case before the European Court of Human Rights and the Italian Constitutional Court
International and constitutional law, originally distinct realms with limited areas of intersection, are getting closer and closer, particularly in the European landscape within the human rights protection field, where these mere contacts between the two systems have become intersections and overlap...
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| Format: | Article |
| Language: | English |
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Centre for Studies on Federalism
2017-08-01
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| Series: | Perspectives on Federalism |
| Subjects: | |
| Online Access: | http://www.degruyter.com/view/j/pof.2017.9.issue-1/pof-2017-0003/pof-2017-0003.xml?format=INT |
| _version_ | 1818612828382167040 |
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| author | Baraggia Antonia Gennusa Maria Elena |
| author_facet | Baraggia Antonia Gennusa Maria Elena |
| author_sort | Baraggia Antonia |
| collection | DOAJ |
| description | International and constitutional law, originally distinct realms with limited areas of intersection, are getting closer and closer, particularly in the European landscape within the human rights protection field, where these mere contacts between the two systems have become intersections and overlaps. The present article will try to shed light on the still unsolved and problematic issues to which overlapping human rights protection systems give rise, by focusing on an analysis of the heterologous in vitro fertilization case, where both the Strasbourg Court and the Italian Constitutional Court delivered relevant judgments on very similar matters (ECtHR’s S.H. Judgment; Judgment No. 162/2014 from the Italian CC). Such analysis revealed useful in highlighting connections and disconnections between the different levels of protection of rights, and led us to argue that the development of a multilevel protection of rights is also, at least partially, a tale of Courts, each competing to have the last word on human rights adjudication. |
| first_indexed | 2024-12-16T15:52:25Z |
| format | Article |
| id | doaj.art-6e7f269559ea4b42ab199c87e736a582 |
| institution | Directory Open Access Journal |
| issn | 2036-5438 |
| language | English |
| last_indexed | 2024-12-16T15:52:25Z |
| publishDate | 2017-08-01 |
| publisher | Centre for Studies on Federalism |
| record_format | Article |
| series | Perspectives on Federalism |
| spelling | doaj.art-6e7f269559ea4b42ab199c87e736a5822022-12-21T22:25:39ZengCentre for Studies on FederalismPerspectives on Federalism2036-54382017-08-0191346710.1515/pof-2017-0003pof-2017-0003Intertwined but Different. The Heterologous In Vitro Fertilization Case before the European Court of Human Rights and the Italian Constitutional CourtBaraggia Antonia0Gennusa Maria Elena1Research Fellow of Constitutional law at University of Milan, Milan, ItalyAssociate Professor of Constitutional law at the University of Pavia, Pavia, ItalyInternational and constitutional law, originally distinct realms with limited areas of intersection, are getting closer and closer, particularly in the European landscape within the human rights protection field, where these mere contacts between the two systems have become intersections and overlaps. The present article will try to shed light on the still unsolved and problematic issues to which overlapping human rights protection systems give rise, by focusing on an analysis of the heterologous in vitro fertilization case, where both the Strasbourg Court and the Italian Constitutional Court delivered relevant judgments on very similar matters (ECtHR’s S.H. Judgment; Judgment No. 162/2014 from the Italian CC). Such analysis revealed useful in highlighting connections and disconnections between the different levels of protection of rights, and led us to argue that the development of a multilevel protection of rights is also, at least partially, a tale of Courts, each competing to have the last word on human rights adjudication.http://www.degruyter.com/view/j/pof.2017.9.issue-1/pof-2017-0003/pof-2017-0003.xml?format=INTMultilevel protection of rightsEuropean Court of Human RightsItalian Constitutional Courtheterologous In Vitro Fertilizationmargin of appreciationconsensus |
| spellingShingle | Baraggia Antonia Gennusa Maria Elena Intertwined but Different. The Heterologous In Vitro Fertilization Case before the European Court of Human Rights and the Italian Constitutional Court Perspectives on Federalism Multilevel protection of rights European Court of Human Rights Italian Constitutional Court heterologous In Vitro Fertilization margin of appreciation consensus |
| title | Intertwined but Different. The Heterologous In Vitro Fertilization Case before the European Court of Human Rights and the Italian Constitutional Court |
| title_full | Intertwined but Different. The Heterologous In Vitro Fertilization Case before the European Court of Human Rights and the Italian Constitutional Court |
| title_fullStr | Intertwined but Different. The Heterologous In Vitro Fertilization Case before the European Court of Human Rights and the Italian Constitutional Court |
| title_full_unstemmed | Intertwined but Different. The Heterologous In Vitro Fertilization Case before the European Court of Human Rights and the Italian Constitutional Court |
| title_short | Intertwined but Different. The Heterologous In Vitro Fertilization Case before the European Court of Human Rights and the Italian Constitutional Court |
| title_sort | intertwined but different the heterologous in vitro fertilization case before the european court of human rights and the italian constitutional court |
| topic | Multilevel protection of rights European Court of Human Rights Italian Constitutional Court heterologous In Vitro Fertilization margin of appreciation consensus |
| url | http://www.degruyter.com/view/j/pof.2017.9.issue-1/pof-2017-0003/pof-2017-0003.xml?format=INT |
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