Search results for "Human Dignity"
showing 10 items of 22 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 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 right to protection against poverty and social exclusion as a paradigm of respect for human dignity. The integration of the minimum vital income …
2020
La efectividad del derecho a la protección contra la pobreza y la exclusión social constituye la tarea más excelsa del jurista, tendente a conseguir el objetivo último de la Justicia y el respeto de la Dignidad Humana. Con tal premisa, en primer lugar, el autor defiende que tal derecho, por su carácter multifacético, ilustra de manera paradigmática el carácter indivisible de todos los derechos humanos. En segundo término, el artículo analiza la progresiva consolidación de los estándares internacionales (universales y europeos) en el ámbito de la erradicación de la pobreza y la exclusión social, poniendo el acento en el papel crucial del artículo 30 de la Carta Social Europea y de la jurispr…
Quello che la legge non dice. L’interruzione delle terapie di sostegno vitale in assenza di una volontà espressa dall’infermo
2020
The essay deals with the withdrawal of life-sustaining treatment from an adult in permanent vegetative state or in a minimally conscious state, in the absence of a will expressed by the patient. The Italian l. n. 219/2017 has not changed matters, because it does not explain how, in this case, autonomy and human dignity can be properly safeguarded. Under a comparative point of view, the essay deals with the French and the English statutory framework governing the scrutiny of any decision to withdraw clinically assisted nutrition and hydration.
Human dignity as a foundational value of peremptory norms in international law
2020
The appeal of the idea of a morally structured, systemized international legal system implied by the jus cogens regime has resulted in an abundance of literature covering different aspects of this normative category. This article discusses a comparatively under-explored issue in this field, that is, the foundational values of peremptory norms and, in particular, invites the reader to consider the value of human dignity as one such underlying value. An in-depth analysis of the definition of jus cogens as included in the Vienna Convention on the Law of Treaties reveals that the values that peremptory norms are believed to represent are intertwined with such notions as the international commun…
I volti della dignità umana
2008
Si esaminano le due teorie della dignità umana, quella della dotazione e quella della prestazione
La forza dell’argomento peggiore. La retorica paternalista nell’argomentazione morale e giuridica
2012
In this essay, I shall analyze some arguments advanced for legal paternalism, which are fallacious or rationally insufficient. Some of the worst arguments for legal paternalism. For example, the argument of life’s sacred value, the argument of human dignity or the argument of common good. Why it is important to defend legal antipaternalism against these arguments? Because they are, in spite of their weakness, rhetorically very used in philosophical, ethical, legal, judicial debate. They likely dissimulate other arguments considered less persuasive, like the theological argument or the moral perfectionist argument for legal paternalism
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…
Slaveries and new slaveries: Which role for human dignity?
2019
This paper aims at reflecting on the role of the notion of "human dignity" with respect to slavery and new slaveries. First of all, a very brief reflection is carried out on the different legal meanings of the notion at stake in general terms (para. 2). On this basis, some remarks are developed with specific regard to the role played by dignity concerning new slaveries in the case law of international tribunals (European and Inter-American Courts of Human Rights, International Criminal Court, International Criminal Tribunal for the Former Yugoslavia: paras 3 and 4), particularly in the very recent case law of the European Court (para. 5) Such a role is far from being insignificant: the idea…
The political, legal and moral scope of the universal declaration of human rights: pending issues
2018
With the adoption of the Universal Declaration of Human Rights, a new era began in the recognition and guarantee of human rights in the international area. However, since the moment of its approval, this text has received negative evaluations designed to relegate it to the background. The responses to these criticisms allow us to review their political and legal scope, and put it in value as a reference model in the field of human rights, delving into the pending issues to strengthen it. This is intended, on the seventieth anniversary of the Declaration, to insist that this remains an essential bridge to clarify standards that can serve as a basis for discussion between different cultures a…