IUS VITAE – SPES VITAE. PROSPETTIVE ROMANE NELLA LEGISLAZIONE CONTEMPORANEA
IUS VITAE – SPES VITAE. ROMAN PROSPECTIVES IN THE CONTEMPORARY LAW

Summary/Abstract: In 2015 the European Court of Human Rights in Strasbourg, meeting in a Grand Chamber, composed of 17 judges, pronounces the judgment on the case Parrillo v. Italy (Application No. 46470/11). On the case of the prohibition of an Italian law (No. 40/2004) of donation for the purposes of scientific research of embryos conceived through medically assisted reproduction, the applicant finds it incompatible with her right to respect for her private life and the peaceful enjoyment of her assets guaranteed respectively by Article 8 of the European Convention on Human Rights and Article 1 of Protocol No. 1 to the Convention. The court decides that the embryo is not a good just for parents and the petitioner can’t donate her embryos for scientific purposes, but she is obliged to keep them in a state of cryopreservation until their death. A new argument is presented on the problem of the status of human embryo and its “rights” and a far-reaching projection of the Roman principles of ius vitae and spes vitae.This position of court gives the basis of the reflections about the human rights in general and the protection of privacy, the public interest etc. in relation with the Roman rules for nasciturus, curator ventris, the criminal responsibility for the deliberate abortion, ius vitae necisque of the pater familias and the opinions of the classical Roman jurisprudence.

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