Those that "surrogacy is barbaric" think that we women do not know how to decide

Those that surrogacy is barbaric think that we women do not know how to decide

Women as objects and children as commodities. What a scandal, what a horror. This is how the ferocious and irrational condemnations of surrogacy almost always begin, gestation for others also commonly called a rented uterus. And so Matteo Salvini began. And, for heaven's sake, Salvini does Salvini and no one is surprised - or at least no one should.

But many stumble upon this nonsense (and many yes, because it is not enough to be female not to say paternalistic nonsense). And the number is no guarantee of anything, as Marchesi's millions of flies were no guarantee of culinary delicacy. "It is a barbarism on the woman's body", or rather the woman is a body devoid of will and unable to decide, always and in any case. That is, we are not saying that sometimes there can be wrongdoing and abuse, that sometimes things can go wrong. We are saying that women never have the power and never the ability to decide, even in less than ideal conditions. Because we live in the real world, after middle school we should have figured it out. And it would be better to be rich and healthy and thoughtless, as Catalano would say, but this does not mean that those who are not cannot make decisions about their life.

“Today is a beautiful day - said Salvini - because we have presented, together with numerous associations that deal with families, a popular law proposal on which we will collect the signatures of everyone and throughout Italy against the rented uterus and surrogacy, the woman used as an object and the children sold as goods by choosing the colors of the eyes ".

Salvini is very good at using our foolishness against us. And here is the reference to the hubris and obscenity of choosing eye color. Who knows what harm it would be to be born with a color decided by someone. He is very good at using fears and bad arguments that many people have automatically accepted through distraction or osmosis. Hence the rant against objectification and barbarism and commodification.

Fallacious reasoning But let's get to the more serious thing. On the excuse of wanting to ban surrogacy around the world to protect children. That in fact they would be safeguarded from universal crime, clear right? As I have already said, Salvini makes Salvini. On the other hand, I'm sorry for those who in recent years have played to defend women without asking them if they wanted to be defended, assuming the intrinsic absence of freedom - even many feminists.

Sorry for Mara Carfagna, one of the best politicians of this unfortunate political generation, but which unfortunately has perhaps yet to give an account to the most ferociously foolish front. Because here it is not a question of being on the right or on the left - here the fallacies really mix and come from all sides. Sorry for this surrender in the face of analytical reasoning. If you say that the woman is always exploited and unable to choose in this case (the object of those who decide to make her a pregnant woman), because she would not be when she decides - that is, she is obliged by who knows who - to have an abortion, not to have children, to get married or to divorce?

It is no longer even a question of being conservative or liberal, it is a question of deciding whether to climb onto an upside-down fruit crate resting on the grass, declaiming end-of-the-world threats in a park citizen, or to understand what the issues are. It is a question of deciding whether to pretend to be dead or to consider the law as a tool to regulate and solve problems and not a punitive whip, a system that gives shocks to those who behave badly and sweets to those who do not disobey.

A law is not a riddle On April 13, at the hearing of the Justice Commission, Filomena Gallo, secretary of the Luca Coscioni Association, said some very important things. From the primitive derivation of some current norms - which will be a coincidence but they are all prohibitions - to the need to consider clinical and scientific advances. From the ambiguity of the current article of law 40 concerning surrogacy to the inability of the legislator to prohibit.

Her intervention is here, but I want to underline these last two passages. Article 12 of law 40 states that "Anyone who, in any form, carries out, organizes or advertises the marketing of gametes or embryos or the subrogation of maternity is punished with imprisonment from three months to two years and with a fine of 600 thousand to one million euros ". It does not explain what he means by surrogacy, whether it applies to both commercial and altruistic. It is an unclear, indeterminate article, and as such it can be attacked. Wrong because a law cannot be a riddle.

We could call the other question the "mythomania" of the legislator who wants to ban and does not even know how to do it. Both the bill presented by Giorgia Meloni and the Carfagna one take that article 12 and extend it to the universe. The first “has the presumption of punishing surrogacy all over the world. This dictation seems to ignore that the offense pursuant to article 567 of the Penal Code for couples returning from abroad has been excluded from the relevant jurisprudence such as, for example, the decision of the Supreme Court 31409 of 13 October 2020 ".

The second, "proposing the punishment of the citizen who 'carries out' the pregnancy for others punished by law number 40/04 with imprisonment of up to two years, puts on the same level as crimes punished with three years of imprisonment, forgetting that article 9 , paragraph 1, of the Criminal Code provides that, in general, the Italian citizen who commits a common crime punishable by life imprisonment or imprisonment for a minimum of not less than three years is punished according to the Italian criminal law, provided that found in the Italian territory. This legal framework excludes, today, the punishment of the Italian citizen who goes abroad to commit the fact referred to in Article 12 paragraph 6 of Law no. 40/2004, given that the penalty provided therein is imprisonment from three months to two years and a fine of between 600,000 and one million euros. Article 9, paragraph 2, of the Criminal Code then provides, for crimes punishable with a penalty lower than the legal framework referred to in paragraph 1 that can be prosecuted ex officio (or with a minimum of less than three years of imprisonment), the punishment at the request of the Minister of Justice. These bills would therefore fall within the scope of article 7 of the Criminal Code, a special hypothesis with respect to article 9, as it provides, in addition to the specific crimes mentioned in paragraph 1, crimes for which special provisions of law establish the applicability of Italian law. An implicit requirement underlying the applicability of Italian law abroad is represented by the principle of double criminality; that is, it would be necessary for the fact in question to be punishable on the basis of both our criminal law and foreign law. Therefore, the obstacle of the lack of double criminality remains, whenever that fact is lawful in the foreign country where it takes place. "

Would you not act as a surrogate? That's fine. Does it seem to you that no one should do it? It's less good. And you should find better arguments than “merchandise! "And" what a horror! ". The law must not turn what we don't like into a crime. If we ever get out of this childish and moralistic vision of the norm, it will be a good time.

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