Eguaglianza e corpo delle donne

This paper investigates about the relationship between the principle of equality between sexes and the right to health. It is well known that the Italian Constitution as a whole is aimed at establishing equality between sexes; unfortunately, although the right to health is among the fundamental principles that contribute to a full realization of persons, the implementation of this right has been hindered for a long time by a male-oriented approach to medical care. As a matter of fact, gender-specific medicine is not yet fully established. Procreation is the only field showing different medical and juridical approaches for males and females, respectively. However, regulation and governance of motherhood are still suffering from an archaic and paternalistic juridical outlook that mortifies female specificity and women’s entitlement to self- determination. Consequently, real fulfilment of the principle of equality regardless of sex is still to be achieved