The concept of person as a key element of european identity: The case of gestational surrogacy

Abstract

The concept of person is a key element of European identity. However, this concept is still controversial because of divergences on bioethical issues. This work analyses the case of gestational surrogacy. It has emerged in European states in different ways. The problem arises when a state prohibits this practice, but its nationals carry out this activity in a third country where gestational surrogacy is allowed. The contradictory decisions of the European Court of Human Rights of Strasbourg: Mennesson v. France, Labassée v. France and Paradiso Campanelli v. Italy demands a rigorous analysis of the limits and content of rights and of the complex controversy in which both Public and Private Law are involved.