The right to personal identity: an enforceable right for all? The case of Giovannino, a disabled child abandoned at birth.
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Keywords

Right to personal identity, identity, disability, disabled child, autosomal recessive congenital ichthyosis

How to Cite

Bilotta, V. (2020). The right to personal identity: an enforceable right for all? The case of Giovannino, a disabled child abandoned at birth. Teoria E Critica Della Regolazione Sociale / Theory and Criticism of Social Regulation. Retrieved from https://www.mimesisjournals.com/ojs/index.php/tcrs/article/view/70

Abstract

The article aims to provide an overview of identity, starting from the analysis of a case of a disabled child abandoned at birth, to analyze the current legislation in order to outline what the identity is in positive law. The idea is to move from rights, which appear close to the general right to identity, from an analysis supported by jurisprudential rulings in order to understand if identity is configurable as a single right or if, on the contrary, can be configured as a general right from which others are born. At the same time, there will be an attempt to find where its foundation lies in the system of sources, highlighting the limits that derive from the conception of the right to personal identity as conceived by the jurisprudence and the legislator. After this reconstruction, further assessments will be carried out on the specific case in terms of identity or, more specifically, what form identity takes in the event that the subjects in question are disabled children abandoned at birth. This hypothesis, although particular and marginal, represents a gray area of the system on which the needed attention has not yet been focused

PDF (Italiano)