Search results for "Euthanasia"
showing 10 items of 29 documents
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.
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.
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.
Il consenso informato ai trattamenti sanitari sui minori e decisioni di fine vita. Riflessioni comparatistiche
2019
The essay deals with the informed consent to allow or to refuse medical treatment for pediatric patients, in a comparative law perspective. The first part focuses on the principle of personal autonomy and the rights to health and to life for patiens who lack capacity, as enshrined in Italian legislation. In determining care and treatment in relation to their child, parents have to take into account the physical and mental well-being, life and dignity of the person, as fully as possible (art. 3, L. 219/2017). The second part of the paper investigates the consequences of parents' refusal to interrupt or continue life-sustaining treatment in relation to infants suffering from serious and incur…
The risks of using continuous deep palliative sedation within the context of euthanasia
2016
Although palliative care is one of the main arguments among the opponents of euthanasia, the individual medical activities implemented within it are not always evaluated unequivocally. Considering that patient in such care centres arrives mainly at the last stages of the disease when intensive treatments are no longer able to help, to reduce discomfort and relieve pain caused by the disease, analgesic means can be used that can shorten the patient's life expectancy and cause death. Such undesirable consequences can be seen in the deep and continuous palliative sedation, which not only is the last resort for pain prevention process, but also is still quite debatable medical and legal doctrin…
Decisioni sul termine della vita e donazione degli organi. Spunti comparatistici per una futura disciplina
2021
The essay focuses on organ donation as a possible choice for those patients seeking euthanasia or assisted suicide whose informed and free consent has to be carefully preserved. In that case, indeed, concern for the welfare of others, on the one hand, and dying for having relief from illness, on the other hand, could confusedly converge in the will of a vulnerable person receiving medical treatments. The Dutch and the Belgian statutory frameworks governing organ donation after euthanasia can shed light on this such ethical theme involving human dignity that should be ignored by the Italian legislator anymore.
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
Considerazioni sparse, in chiave comparatistica, sulle proposte di legge in materia di eutanasia e di suicidio medicalmente assistito
2019
The essay deals with proposed legislations, in Italy and in England, about euthanasia and assistance in dying. It aims to confront the different solutions in both legal systems, for the purpose of finding the best result for the respect of the dignity of people suffering for terminal illness.
Le necessarie tutele (e i relativi controlli) in ordine al processo di formazione della volontà di morte
2023
The article examines the legislative proposal on medically assisted death by the working group 'Per un diritto gentile', reviewing its contents through the lens of ECHR case law and the Spanish Ley Orgánica de regulación de la eutanasía. The comparative analysis sheds light on the need for additional safeguards to protect patients' autonomy and ensure that medical professionals comply with their informed, free from any pressure or abuse will.