l concepito e l’aborto: una comparazione critica tra Italia e Perù

[Machine translation] The profound and historic dialogue between Italian and Peruvian legal and cultural traditions finds, in the drafting of the civil code of Peru of 1984, one of its iconic symbols. The Italian model has, as is well known, strongly affected multiple codicistic institutions, heirs of a contamination between the two legal systems that, in the comparison, have preserved their identity of divergent paths and value spaces, free from non-existent colonial pasts and, at the same time, brought together by strong similarities between the two languages, Italian and Spanish, both neo-Latin, evocative of a Latinitas that is also legal., Article 1 of the Peruvian Civil Code and its recent evolution represents an example, also symbolic, of dialogue, contamination but also of the distinct trajectories followed by the two countries with respect to the legal relevance of the concept, the notion of a subject of law and capacity, and its social implications with regard to reproductive policies and, therefore, to the topic, very sensitive and sensitized in the current global scenario, of abortion., In particular, the analysis of the legal status of the concept and of the regimes of abortion in the Peruvian legal system and in the Italian experience, conducted through a critical comparison, contextualized and attentive to domestic socio-cultural postures, has revealed the persistent 'selective' and exclusive power of the category of legal entity. An absolute and unidirectional protection of the unborn child, in fact, hinders any reasonable balance with the right to legal and safe abortion, which according to the lexicon of international regimes' should 'represent a human and fundamental right.