«τοιονδ΄απέβη τόδε πρᾶγμα» UN CONFRONTO TRA VIMERCATI B., CONSENSO INFORMATO E INCAPACITÀ, GIUFFRE, MILANO, 2014 E RAZZANO G., DIGNITÀ NEL MORIRE, EUTANASIA E CURE PALLIATIVE NELLA PROSPETTIVA COSTITUZIONALE, GIAPPICHELLI, TORINO, 2014

[Autom. eng. transl.] Every legislative choice must not conflict with the concept of man and humanism that can be derived from the Constitution. Only in this way it is possible to find a criterion to which the legislator can draw inspiration to make his own choices. The constitutional charter is inspired by a complex humanism or by different types of humanism. The art. 2, first of all, which recognizes the inviolable rights and mandatory duties arising from obligations of political solidarity; art. 3 which prevents the exclusion of a subject or categories of individuals; and, finally, of art. 4 which requires performing an activity according to one's abilities. From this set of norms the idea of the necessary relationality between individuals and the impossibility of excluding any subject from the social fabric would clearly emerge. Consequently, weakness or illness should be cured, precisely because they would be an expression of the need for relatedness. Euthanasia practices, as well as therapeutic obstinacy, are in this setting, on the other hand, daughters of utilitarianism which is a denial of the humanistic conception that emerges from the constitutional dictate.