According to Italian Law, self-determination right entails individuals’ capacity to undertake autonomous and independent decisions. In the healthcare scenario, in order to safeguard self-determination right, you need that public institutions actively participate in ensuring that self-determination right is achieved.
Within this context, spouses that decide to stop any future pregnancy are expressing their self-determination right in healthcare domain. However, in the event the surgery is not successful, spouses may see their self-determination right damaged. This is what happened to a couple that decided to stop having children. Because of that, the wife underwent a sterilising operation in light of her self-determination right. Some year later, the woman found out she was pregnant and the couple decides to bring to the court the Hospital.
The Court has recognised the infringement of self-determination right in relation to their will of not having children. The court highlighted that articles 2 and 13 of Italian Constitutions are infringed; the articles that provide the right of a full aware procreation. For these reasons, the hospital must compensate the spouse until the child is going to be 25 years old. By doing so, the Hospital is participating to child maintenance.
Should you need any assistance on this matter, please do not hesitate to contact us. VGS English speaking lawyers are perfectly able to assist you in family law related proceedings.