Health protection and essential levels of care in assisted reproductive technologies

The article investigates the subject of Assisted Reproductive Technology (ART) from the perspective of constitutional and administrative law, with reference to the role of public authorities in guaranteeing access to ART techniques. These techniques, which were created to make parenthood otherwise unattainable, have evolved over time to give rise to a variety of different treatments. After recalling the specific characteristics of the right to health guaranteed by the Constitution and examining whether and how a right to procreation can be configured, the organisation of the National Health Service will be examined. In particular, it analyses the two profiles that make up its components. The first is institutional pluralism, which is a factor of complexity in terms of equal treatment in the provision of health services on the national territory. The second is the system of essential levels of care (LEA), which acts as an instrument linking the issue of health protection to that of economic resources. This analysis makes it possible to answer the question of how to meet the challenges posed by the new regulations on medically assisted procreation.