Comentario a la sentencia del Tribunal Europeo de Derechos Humanos (Sección 2ª) Caso Costa y Pavan contra Italia. Sentencia de 28 agosto 2012 TEDH 2012\72

Abstract

The techniques in human reproduction has to be treated from the family as a matter of public order law but without entailing restrictions to the fundamental rights of individuals in the exercise of his development of his will as person and as parents, especially when there is an individual and joint consent which is recognised when after the birth register to his descendant in the registry. In this way produces a true respect for the right to privacy which is reflected in the right of a couple to conceive a child by making use of techniques in the particular case of human reproduction. Because denial of the use of such techniques affects the private and family life, and would not be included in the right to respect for the decision of breaking with the existence of a fair balance between public and private interests concurrent as laid down in article 8 of the Convention for protection of fundamental rights and freedoms of 1999.