Alternate Title
Conscientious Objection and Abortion: The Italian Pseudo-Exceptionalism
Keywords
Abortion rights, Reproductive autonomy, Catholicism, Conscientious Objection
Abstract
Threats to abortion and reproductive rights are well-rooted in global discursive and strategic practices promoted by conservative and ‘pro-life’ movements and narratives. Starting from these premises, this essay will focus on abortion access in Italy and the barrier caused by conscientious objection among medical personnel, which appears indefensible in light of both international human rights regimes and philosophical-theoretical perspectives. The main questions explored here are the following: Is conscientious objection to abortion really based on Catholic moral teaching, which constitutes the conventional religious wisdom of the national societal fabric? How and to what extent are Catholic and conservative moral narratives and rules part of the nomos that has shaped and perhaps still shapes Italian abortion law and national political moves over the last few decades? To address these questions, this analysis will use historical arguments, aiming to identify, along with feminist and political perspectives, the viewpoint and role of the Catholic Church and its actors, particularly when the abortion law was passed. The essay will also rely on empirical evidence, which includes data and counter-data that highlight how conscientious objection affects third-party rights, outside a genuine democratic process. Additionally, this study will explore normative and political aspects, analyzing the debate on conscientious objection within domestic legal discourse and in comparison with the legal trends in other European legal systems. The goal is to bring to light the legitimization process of healthcare practices, which have effectively shifted the conscientious objection of medical personnel from being an ‘exception’ intended to protect dissenting minorities, becoming a general operational rule. This process has both upheld traditional moral constructions and perpetuated social mechanisms stigmatizing both women and non-objecting medical personnel.
Recommended Citation
C. Crea, Conscientious Objection and Abortion: The Italian Pseudo-Exceptionalism, 18 FIU L. Rev. 755 (2024), https://doi.org/10.25148/lawrev.18.4.8.
