R茅flexions sur le diagnostic pr茅implantatoire autour de l鈥檃rr锚t de la Cour europ茅enne des droits de l鈥檋omme du 28聽ao没t 2012
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文摘

This paper raises different considerations on preimplantation genetic diagnosis (PGD) in connection with the decision of the European Court of Human Rights of 28聽August 2012. The Italian government was sanctioned for refusing a couple of healthy carriers of Cystic Fibrosis access PGD considering that it did not fall within the category of sterile or infertile couples. Therefore held that 鈥渋n view of the inconsistency of the Italian system on PGD鈥? the Court considers that the interference with the applicants鈥?right to respect for their private and family life was disproportionate. Thus, Article 8聽of the Convention was violated in this case. This decision gives the opportunity to reflect on private and public interests to legitimate this technique (I). Though PGD is useful and appropriate, it is not protected from deviance and excess, which requires a suitable regulatory framework (II).

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