The doctoral thesis deepens, through comparative law, the topic of conscientious objection to interruption of pregnancy in Italy, Spain and Mexico (Mexico City). The legal theoretical framework lies at the crossroad between the need to maintain pluralism and conscientious objection and the need to guarantee access to a public service. The dissertation is divided into three main sections. The first section provides definitions and contextualizes freedom of conscience and conscientious objection within the constitutional traditions and the regional systems of protection of human rights (the European Court of Human Rights and the Inter-American Court of Human Rights). The second section faces conscientious objections in the field of interruption of pregnancy, describing the evolution of national laws, the jurisprudence and the most recent reforms. Therefore, it identifies the main problems related to the application of these laws, trying to explain the reasons of the social resistance and the still controversial nature. The third and last part describes the fragilities of the current accommodation system and proposes some corrections, in order to build a sustainable model of conscientious objection.

Un accomodamento sostenibile: l'interruzione di gravidanza in Italia, Spagna e Messico

PAGOTTO, TANIA
2019

Abstract

The doctoral thesis deepens, through comparative law, the topic of conscientious objection to interruption of pregnancy in Italy, Spain and Mexico (Mexico City). The legal theoretical framework lies at the crossroad between the need to maintain pluralism and conscientious objection and the need to guarantee access to a public service. The dissertation is divided into three main sections. The first section provides definitions and contextualizes freedom of conscience and conscientious objection within the constitutional traditions and the regional systems of protection of human rights (the European Court of Human Rights and the Inter-American Court of Human Rights). The second section faces conscientious objections in the field of interruption of pregnancy, describing the evolution of national laws, the jurisprudence and the most recent reforms. Therefore, it identifies the main problems related to the application of these laws, trying to explain the reasons of the social resistance and the still controversial nature. The third and last part describes the fragilities of the current accommodation system and proposes some corrections, in order to build a sustainable model of conscientious objection.
15-feb-2019
Italiano
Università degli Studi di Milano-Bicocca
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/20.500.14242/105989
Il codice NBN di questa tesi è URN:NBN:IT:UNIMIB-105989