Réflexions sur le diagnostic préimplantatoire autour de l'arrêt de la Cour européenne des droits de l'homme du 28 août 2012

This paper raises different considerations on preimplantation genetic diagnosis (PGD) in connection with the decision of the European Court of Human Rights of 28 August 2012. The Italian government was sanctioned for refusing a couple of healthy carriers of Cystic Fibrosis access PGD considering that it did not fall within the category of sterile or infertile couples. Therefore held that “in view of the inconsistency of the Italian system on PGD”, the Court considers that the interference with the applicants' right to respect for their private and family life was disproportionate. Thus, Article 8 of the Convention was violated in this case. This decision gives the opportunity to reflect on private and public interests to legitimate this technique (I). Though PGD is useful and appropriate, it is not protected from deviance and excess, which requires a suitable regulatory framework (II).