Search results for "Assisted suicide"
showing 10 items of 17 documents
Primeras consideraciones a la Ley Orga?nica 3/2021, de 24 de marzo, de regulación de la eutanasia. el reconocimiento de un nuevo derecho
2021
The aim of this paper is to carry out a brief study of the recent Organic Law 3/2021, of March 24, on the regulation of euthanasia (BOE. March 25, 2021) approved in Spain, from a constitutional perspective, highlighting its main aspects. The matter under study is not exempt from controversy because it covers legal, medical and ethical considerations of great complexity.
Brevi note comparatistiche in tema di suicidio assistito
2019
The essay focuses on the legitimacy of assisted suicide in Italy and in England and Wales, particularly with regard to patients suffering from severe pain from incurable or terminal illnesses. In two recent cases (Cappato and Nicklinson), both Italian and English judges suggested to the Parliament to modify the current state of the law, without making a declaration of incompatibility with Article 8 of the Convention. The paper compares the approach of Corte Costituzionale and UK Supreme Court to the issue, revealing the ambiguity hidden behind those common decisions.
Il fine vita e il legislatore pensante. Il punto di vista dei comparatisti - Parte II
2021
The essay deals with the theme of the end of life within the Italian legal system in comparison with that of other foreign legal systems. In particular, the research addresses the issue of the precautionary tools that the civil process offers to those who ask to end their own life, in the absence of intervention by the competent authorities.
Il fine vita e il legislatore pensante: I minori e la volontà di farla finita
2021
The essay explores the possibility that, in the future, Italian law might consider children and adolescents as subjects eligible to controversial practices such as euthanasia or assisted suicide, widening the limits drawn by the Constitutional Court in the sentence n. 242/2019. The national and European legal frameworks allow estimating, under a comparative perspective, the low probability that such legislation will be enacted in Italy
La morte medicalmente assistita tra regolamentazioni nazionali europee e prospettive legislative italiane
2021
The essay focuses on the different legislative rules which allow seriously ill patients to legally receive euthanasia or assisted suicide in Europe to examine the Italian legislation currently being approved on the same matter from a comparative legal perspective. The research about such an ethical theme involving several fundamental principles, like human dignity, life and solidarity, analyses the approaches of the Belgian, Dutch, Luxembourg and Spanish legal systems. The study will shed light on the essentiality of some preventive safeguards to support patients��� autonomy in consenting or refusing an end-of-life treatment, in line with the Italian Constitutional Court suggestions.
Deficiencies of regulation of euthanasia in legal acts of foreign countries
2014
Today in most countries the practising of euthanasia is not permissible and as in any case of a criminal offence, which endangers the life of a person, criminal liability applies here. However, the analysis of legal norms in foreign criminal codes reveals several deficiencies, ranging from – the absence of legal regulation which leads to a paradoxical situation, when ignoring the motive and aim of the offence, euthanasia is qualified according to the article of the criminal code which provides for liability for murder with no mitigating circumstances, but assisted suicide liability does not apply at all, – to including special legal norms pertaining to this problematic issue, in the structu…
Prawne aspekty eutanazji w Holandii
2016
This article undertakes to show the way that has led to the statutory decriminalization of euthanasia-related murder and assisted suicide in the Kingdom of the Netherlands. It presents the evolution of the views held by Dutch society on the euthanasia related practice, in the consequence of which death on demand has become legal after less than thirty years. Due attention is paid to the role of organs of public authority in these changes, with a particular emphasis put on the role of the Dutch Parliament – the States General. Because of scarcity of space and limited length of the article, the change in the attitudes toward euthanasia, which has taken place in the Netherlands, is presented i…
Repliche ai contributi di Moreso, Spena, Fiandaca, Diciotti
2021
in this article, I replky to articles which discussed my book Contra el paternalismo juridico
Le poche luci e le molte ombre dei disegni di legge italiani in tema di morte medicalmente assistita
2022
The research analyzes the recent Italian draft laws on Medical Assistance in dying, their strengths and several shortcomings, comparing them with other European laws on this subject. The Italian draft laws are not fully hinged on the exercise of self-de- termination of the suffering person but remain bound to the reference to a condition of proximity to death or the presence of life-sustaining treatments, which in fact cause unjustified inequities in access to a health service aimed at protecting the dignity of the person. Furthermore, the articulation of the procedures for requesting and assessing suitability outlined in the Italian bills does not allow to fully protect the person in a con…
Le sollecitazioni delle Corti e l’inerzia del legislatore in tema di suicidio assistito. Un confronto tra Italia e Inghilterra
2019
Starting from the analysis of the decision of the Italian Constitutional Court on the ���Cappato case���, the essay is the occasion for a joint reflection between Italian constitutional law and comparative law on the subject of assisted suicide and euthanasia, which seems to determine the inertia of the legislators in the face of activism of the Courts, perpetually seeking a dialogue with the first. To suffer the most serious damage of these attitudes are the sick, who in this matter more than ever need certainty to the law.