scholarly journals Profili storici del dibattito italiano sul testamento biologico ed esame comparato dei disegni di legge all’esame della XII Commissione (Igiene e Sanità) del Senato

2007 ◽  
Vol 56 (1) ◽  
Author(s):  
Marina Casini ◽  
Maria Luisa Di Pietro ◽  
Carlo Casini

Il contributo prende in esame gli otto disegni di legge sul c.d. “testamento biologico” in discussione presso la XII Commissione (Igiene e Sanità) del Senato. L’analisi è condotta a partire sia dalle vicende che hanno portato al dibattito attuale, sia dall’indicazione delle varie proposte di legge che si sono succedute dalla XIII legislatura . Vengono così richiamati: l’iniziativa per la diffusione della “Biocard”, la Convenzione di Oviedo del 1997 ratificata nel 2001, il “caso Englaro”, il “Rapporto Oleari”, il parere del Comitato Nazionale per la Bioetica sulle dichiarazioni anticipate di trattamento, il “caso Welby”. Queste vicende aiutano a cogliere la ratio e la portata dei disegni di legge in oggetto. La parte centrale dell’articolo riguardante i profili di convergenza e di divergenza delle normative in discussione è seguita dall’indicazione degli elementi di criticità relativi al testamento biologico così come disciplinato nei disegni di legge. La valutazione di tali elementi riguardanti aspetti tutt’altro che secondari circa problematiche di fine vita, porta alla seguente considerazione: sebbene il “testamento biologico” venga presentato come semplice strumento di “allargamento” del consenso/dissenso informato che nulla ha a che vedere con l’eutanasia, in realtà questo strumento si offre come veicolo per introdurre nell’ordinamento giuridico logiche eutanasiche, favorendo pratiche di abbandono delle persone fragili e, dunque, incoraggiando scelte rinunciatarie. A questo punto si impone una domanda: di quale “autodeterminazione” si tratta? ---------- This paper examines the eight bills concerning the so-called “living will” discussed by the XII Commission (Health and Hygiene Committee) of the Senate. The analysis is based both on the events that prompted the current discussion, and on the information of the various legal proposals that have developed since the 13th legislature. The essay discusses: the initiative for the diffusion of the “Biocard,” the 1997 Oviedo Convention ratified in 2001, the “Englaro case,” the “Oleari Report,” the opinion of the National Commission for Bioethics concerning prior declarations with regard to treatment, the “Welby case.” These events help explain the reasoning and the range of the bills involved. The central part of the article focuses on the converging and diverging profiles of the norms being discussed. This is followed by a demonstration of the critical elements relating to the biological will as they are understood in the bills. The evaluation of such elements regarding aspects of primary importance concerning end-of-life issues leads to the following consideration: although the “living will” is being presented simply as a means of “enlarging” informed consent/dissent, which has nothing to do with euthanasia, in reality, this “enlarging” introduces into the legal sphere arguments for euthanasia, thus favoring ways of abandoning fragile persons and, consequently, encouraging them to give up. At this point a question arises: what is “self determination”?

Bioethica ◽  
2021 ◽  
Vol 7 (2) ◽  
pp. 40
Author(s):  
Teresa Andreani

In the last three decades, the dilemma of End-of-Life is one of the most disputed bio-juridical questions Italy is confronting with. By raising highly sensitive ethical, legal and political dilemmas, it has deeply divided the Italian society, the scientific community and the political arena. In the context of a raging controversy, the Italian Parliament has opted for silence. Thus, an evolutive, judicial route has marked the legal frame in response to numerous, concrete demands of recognition of the freedom of self-determination and value of dignity in the final phase of life. In this review article, an overview of the judicial evolution of the complex mosaic of end-of-life issues will be firstly offered through three cases, pillars on which the latest judicial evolution on assisted suicide lays its foundations. Secondly, the issue of assisted suicide will be singularly addressed through the examination of the Cappato case which has outlined the path for the historical ruling of the Italian Constitutional Court, no'242 of 2019 on the constitutional illegitimacy of the crime of assistance to suicide under article 580 of the Italian Criminal Code. Precisely, the Court has pointed out several, concurrent requirements in presence of which an active conduct directly connected with suicide is not criminally relevant: the autonomous and free formation of the individual will, the irreversible nature of the disease, the ongoing practice of a life-saving treatment, the intolerability of the physical or psychological sufferings and the mental capacity to self-determination. Among the numerous, emerging, interpretative questions, the latest Trentini case, in which the requirement of life-saving treatment has been interpreted as inclusive of pharmacological therapy and of every material, sanitary life-saving assistance, will be further evaluated. Conclusively, a cross section of the fragile interplay between the legislative power and the judiciary power will be depicted in reference to the main open interpretative questions related to the enforcement of the constitutional ruling and a portrait of the upcoming scenerios, as the existing legislative drafts and the prepositive referendum question, will be concisely examined.


Author(s):  
Deepti Challagolla

This chapter reviews essential aspects of ethics including informed consent, brain death, ethical principles, end-of-life issues, research ethics and caregiver integrity


2013 ◽  
Vol 31 (31_suppl) ◽  
pp. 153-153
Author(s):  
Mary Frances Mulcahy ◽  
Daniel M. Gaitan ◽  
Randi Belisomo

153 Background: Though Congress enacted the Patient Self-Determination Act in 1991, only 18-36% of Americans have completed an advance directive. Less than half of severely ill patients had an advance directive in their medical record, only one in three with a chronic illness completed an advance directive, and studies suggest that two-thirds of physicians whose patients had advance directives were unaware of the existence of the documents. The Act required healthcare facilities to provide written information on rights to make treatment decisions and to make information available to patients who did not have an advance directive. There was a mandate directing HHS to conduct an awareness campaign about advance directives. The low acceptance of the directives demonstrates a failure to educate patients about their rights. Hypothesis: A patient-centered approach to end of life issues will generate better communication and result in greater acceptance of advance directives- achieving the goals of the Patient Self-Determination Act. Methods: A survey of 196 people showed that 67.7% felt that end of life issues were not covered enough in the media. We created a Newswire using WordPress and posted an average of three news stories weekly on topics pertaining to end of life. Posts were generated from existing media coverage and original reporting. The topics included culture, society, politics, healthcare, caregiving, law, advance care planning, hospice, and palliative care services. We tracked the number of views, the most viewed reports, monthly traffic and referral sources. We established Facebook, Twitter, and Pinterest accounts. We tracked followers, likes, re-tweets, pins, and shares. Results: From 8/2012 through 2/2013, the number of views increased from 566 to 2,452 with a peak of 3,809 in 11/2012. The most viewed day was 11/7/2012, the day following Election Day. The most viewed reports to date have been “Caregiver Discrimination Against LGBT Seniors,” “Psychedelic Drugs at the End of Life,” and “POLST Moving Forward in Illinois.” The referral sources in descending order are Facebook, Twitter, and Yahoo. Conclusions: We demonstrated that there is an interest in patient-centered topics pertaining to the end of life and that social media drives interest, education and conversation.


2005 ◽  
Vol 14 (3) ◽  
pp. 15-19 ◽  
Author(s):  
Melanie Fried-Oken ◽  
Lisa Bardach

2012 ◽  
Vol 42 (13) ◽  
pp. 53-54 ◽  
Author(s):  
S.Y. TAN

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