The Italian proposal to modify the art. 1 of the Italian civil code to recognize the legal ability of every human being since conception has raised many discussions, because they are judged in conflict with the law on abortion deemed «untouchable».
The starting point and arrival is the principle of equality, the cornerstone of modernity. All human beings are the same. Everyone. The common denominator that makes equality is the value of life, also called human dignity whose characteristics are inherence and equality. The title of dignity belongs to the human family. The first, most elementary manifestation of human dignity is the right to life. This is one of the most relevant conquests, consecrated in the cards on human rights inaugurated after the Second World War.
To this cornerstone of modernity – equality between all human beings: always people and never things, always subjects and never objects, always fine and never means – the proposal to modify article 1 of the civil code is linked which currently reads : «The legal capacity is acquired from the moment of birth. The rights that the law recognizes in favor of the conceived are subject to the event «. The proposal requests the modification of the first paragraph of art. 1 of the Italian Civil Code, in these terms: «Each human being has the legal ability from the moment of conception», leaving the second paragraph intact.
Having said that, the cultural breath would be really great, because it is a question of completing the historical motion that over the centuries has from time to time has freed entire categories of human beings from an inferiority condition in the name of the expansive force of the dignity of Every human being, therefore of the principle of equality. Article 1 of the civil code should therefore be modified, because the direction of civil progress requires the extension of the principle of equality – is one of us – even those who exist, are there, but which are simply so small that they can be easily discarded, ignored, or canceled.
«The proposal does not want to be a declamatory or provocative gesture. He wants to indicate a way to get out of sterile controversy, he wants to contribute to a moral and civil recomposition, «wrote Carlo Casini. Therefore, those who fear the law on abortion to be «touched», but they seriously ask the question: what is the ideological prerequisite of the 194? If the assumption is the pretense of the «right of abortion», it is clear that it becomes unbearable everything that highlights the presence of a real and concrete son that lives and grows in the mother’s womb, because demanding that «right» means erasing that Son not only from the womb, but also from the mind and heart, as if it did not exist, as if it had never existed. But most of those who supported and supported 194, say that it intends to protect motherhood during pregnancy and women’s health, maintaining a «agnostic» position compared to the child. So why raise barricades? «It seems to me that it is not trivial to repeat with legal language – Carlo Casini wrote – that all men are always the same in their mysterious value and that one cannot give any being belonging to the human biological species that is not a man and for this reason and Therefore subject, an entity subtracted from the kingdom of things. After all (genetics, abortion …) we will speak later. But in the meantime how do you agree or at least not confront this point? ». If the reform of art. 1 of the civil code served to mature the total gaze ability on the woman and the child in his womb, to strengthen the responsibility of the parents, society and politics towards those who are traveling towards birth with measures that embrace his mother in a logic of sharing difficulties – applying art. 5 of Law 194 -, to outline new methods of protecting nascent life and motherhood during pregnancy, the reform would really be a great step forward for the whole society.