“A true, constitutional and hereditary illness”: The Constitutional Court and the partial unconstitutionality of the crime of self-provoked abortion (ruling 27/1975)
Journal title ITALIA CONTEMPORANEA
Author/s Alessandra Gissi
Publishing Year 2025 Issue 2025/307
Language Italian Pages 24 P. 106-129 File size 272 KB
DOI 10.3280/IC2025-307005
DOI is like a bar code for intellectual property: to have more infomation
click here
Below, you can see the article first page
If you want to buy this article in PDF format, you can do it, following the instructions to buy download credits
FrancoAngeli is member of Publishers International Linking Association, Inc (PILA), a not-for-profit association which run the CrossRef service enabling links to and from online scholarly content.
In the criminal proceedings against Carmosina M., the investigating judge at the Court of Milan raised the incidental question of the constitutionality of Article 546 of the Criminal Code. Through decision no. 27 of 1975, the Constitutional Court ruled on the section punishing anyone who causes the abortion of a consenting woman, even when it has been ascertained that the pregnancy poses a danger to her physical or psychological well-being. The ruling is an authentic caesura, giving rise to a “time in between”, before the “new time” brought about by the conditional decriminalisation through Law 194 of 1978. This contribution reconstructs and interprets this pivotal passage and situates it within a broader and articulated genealogy, considering it a specific but not entirely autonomous event.
Keywords: Constitutional Court, abortion, Seventies, feminism
Alessandra Gissi, “Una malattia vera, costituzionale ed ereditaria”: la Consulta e l’illegittimità parziale del reato di aborto (sentenza 27/1975) in "ITALIA CONTEMPORANEA" 307/2025, pp 106-129, DOI: 10.3280/IC2025-307005