Italy's Supreme Court of
Cassation on Tuesday ruled that the unhealthy do not have an
inherent right to not be born.
With its verdict it turned down an appeal for damages from
the parents of a Down syndrome child, who argued they were not
informed of the fetus' genetic illness while the mother was
pregnant.
The case was brought by a couple against a local public
health agency in Lucca, as well as obstetricians, gynecologists
and laboratory personnel, for not discovering the condition
despite the mother's prenatal testing.
The mother said she would have had an abortion had she
known she was carrying a fetus with a genetic illness.
Down Syndrome is typically associated with delayed physical
growth, characteristic facial features, and mild to moderate
intellectual disability. The average IQ of a young Down adult is
50, equivalent to the mental age of an 8-year-old child.
The Court said there is no right to not be born, and
therefore there's no right to damages due to a child being born
with an illness.
"This would make the parents the unilateral interpreters
of...the will of the unborn child," the court argued.
Due to the nature of the case - which the justices
themselves called "delicate and controversial" - an extended
panel of nine judges heard the case, rather than the customary
group of five.
ALL RIGHTS RESERVED © Copyright ANSA
