Regole di fine vita e poteri dello Stato: sulla ordinanza n. 207/2018 della Corte costituzionale

Translated title of the contribution: [Autom. eng. transl.] End of life rules and state powers: on ordinance no. 207/2018 of the Constitutional Court

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

[Autom. eng. transl.] The writing comments the ordinance n. 207/2018 of the Italian Constitutional Court on the subject of aid for suicide: The assumption according to which the law n. 219/2017 would have admitted a scope of cooperation of the doctor to the intent of the patient to cause his own death. In particular, the risk of induction, for economic reasons, of weak subjects opting for the choice of procuring death is highlighted of such openness. It is believed that the equilibrium point established by law n. 219/2017, which subordinates to the patient's consent the activation or continuation of medical treatment, at the same time guaranteeing the right to not suffer (even by resorting to the phase preceding death, where there are no other suitable instruments, to palliative sedation deep), but does not admit acting to artificially anticipate the moment of death. It is also highlighted the forcing of the relationship between the Constitutional Court and Parliament that is realized with the aforementioned ordinance, believing that the consequences regarding the successive decisions of the Constitutional Court are not discounted in the event that the Parliament reaffirms the validity of the choices made in 2017, save the availability to review and differentiate the sanction set out in art. 580 cp
Translated title of the contribution[Autom. eng. transl.] End of life rules and state powers: on ordinance no. 207/2018 of the Constitutional Court
Original languageItalian
Title of host publicationIl caso Cappato. Riflessioni a margine dell’ordinanza della Corte costituzionale n. 207 del 2018
EditorsF.S Marini, C Cupelli
Pages131-143
Number of pages13
Publication statusPublished - 2019

Keywords

  • aiuto al suicidio (art. 580 c.p.)
  • doveri del professionista sanitario
  • legge n. 219/2017
  • rapporto tra poteri dello Stato

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