“Rented Uterus” as a Universal Crime - The Italian bill proposing universal jurisdiction for surrogacy

The principle of universal jurisdiction (UJ) has traditionally been grounded in the idea of a collective response to the most heinous crimes on a global scale. Italy, a country that currently lacks universal jurisdiction for international crimes, is amid deliberations on a proposed bill advocating f...

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Bibliographic Details
Published inVerfassungsblog no. 2366-7044
Main Authors Paolo Caroli, Antonio Vercellone
Format Journal Article
LanguageGerman
Published Max Steinbeis Verfassungsblog GmbH 01.02.2024
Subjects
Italien
Italy
Rented Uterus
Surrogacy
Universal Jurisdiction
Universalitätsprinzip
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Summary:The principle of universal jurisdiction (UJ) has traditionally been grounded in the idea of a collective response to the most heinous crimes on a global scale. Italy, a country that currently lacks universal jurisdiction for international crimes, is amid deliberations on a proposed bill advocating for the use of universal jurisdiction in cases of surrogacy. This analysis contends that the underlying political motive behind this bill is to curb all forms of same-sex parenthood, inadvertently resulting in a criminal law framework that would specifically impact male-gay couples. Secondly, it draws a parallel with “memory law”, illustrating how legal mechanisms initially established in the enthusiasm of the ‘90s are now being repurposed as instruments for divisive political agendas.
ISSN:2366-7044
DOI:10.59704/af087aa90e366651