COMPLIANCE WITH THE EUROPEAN CONVENTION OF THE PROHIBITION ON GIVING IN VITRO PRODUCED EMBRYOS TO SCIENTIFIC RESEARCH

Abstract

For the first time, the European Court of Human
Rights was brought to pronounce on the question of
the donation of embryos to the scientific research. The
case concerned a ban under Italian Law, preventing
Ms Parrillo, the applicant, from donating to scientific
research embryos obtained from an in vitro fertilisation wich were not destined for a pregnancy. After an
original reasoning, the Court ends at the same time in
the absence of a property right of a person on its embryos, and in the no violation of the right to respect
for private life. From this perspective, the Court held
that Article 8 was applicable in this case under its “private life” aspect, as the embryos in question contained
Ms Parrillo’s genetic material and accordingly represented a constituent part of her identity. However,
considering this sensitive question were to be given
considerable room for manoeuvre and so, the ban in
question had been “necessary in a democratic society”.