scholarly journals Le questioni di “fine vita” alla luce dell’umana attesa di compimento

2015 ◽  
Vol 64 (5) ◽  
Author(s):  
Cristoforo Ricci

Le questioni di “fine vita” sono attualmente oggetto di un acceso dibattito. Infatti, sono sorte numerose correnti di pensiero volte al conseguimento della legittimazione di condotte tese ad anticipare o posticipare la morte di un individuo rispetto alla sua fine naturale. Questo dibattito si è concentrato soprattutto su aspetti legati alla qualità della vita, alla dignità nel morire ed alla prevalenza del diritto all’autodeterminazione del singolo o del principio di indisponibilità della vita. Lo scopo del presente studio è quello di esaminare il problema sotto una diversa luce. Infatti, si vogliono esaminare le questioni di “fine vita” alla luce del senso di attesa connaturato alla condizione umana al fine di individuare la soluzione più ragionevole. Orbene, siccome la condizione umana risulta essere intrinsecamente caratterizzata da un’attesa di infinito, l’uomo in ogni circostanza si trova davanti ad una scelta. Infatti, ogni essere umano può trascurare tale desiderio o dare ad esso risposte parziali, ripiegandosi in se stesso, oppure può aprirsi all’infinito. Questa scelta ha delle rilevanti conseguenze circa il modo di vedere e vivere le circostanze della vita. Infatti, nel primo caso, nulla sembra veramente appagare il desiderio e l’attesa dell’uomo e, pertanto, in ogni circostanza ciò che finisce per prevalere è alla lunga il lamento, la tristezza e l’ansia. Nel secondo caso, invece, ogni circostanza acquista un senso poiché, per quanto negativa o banale possa essere, costituisce la modalità attraverso la quale il Mistero chiama l’uomo a Sé per non farlo cadere nel nulla e questa consapevolezza finisce per generare letizia. Pertanto, sembra più ragionevole ed umano aprirsi al Mistero e, conseguentemente, laddove le cure abbiano un’efficacia reale e vi siano concrete ed oggettive possibilità di sopravvivenza, non sembrano condivisibili le richieste di legittimazione di tutte quelle condotte tese ad anticipare la morte di un individuo rispetto alla sua fine naturale come l’eutanasia, il suicidio assistito, e la rinuncia o il rifiuto di cure salva-vita proporzionate. ---------- In the field of bioethics, the “end of life” issues are currently motive of an inflamed debate. In fact, many schools of thought have arisen in consideration of legitimization of behaviors destined to anticipate or postpone the death of individuals in relation to their natural end. This debate has focused primarily on issues related to the quality of life, the dignity in dying and the prevalence of the right to self-determination of the individual or principle of the unwillingness of life. The purpose of this study is to examine the problem in a different light. In fact, we want to examine the “end of life” issues in the light of the sense of waiting innate to the human condition in order to identify the most reasonable solution. Now then, since the human condition is intrinsically characterized by a waiting of infinity, the human being is continually called to make a choice. In fact, every human being can ignore this desire or give partial answers to it, withdrawing into oneself, or it can be open to infinity. This choice has important consequences on the way to see and live the circumstances of life. In fact, in the first case, nothing seems to really satisfy the desire and waiting of individuals, and, therefore, in every circumstance prevails in the long run lament, sadness and anxiety. In the second case, instead, every circumstance makes sense because, though it may be negative or trifling, it’s the way of the Mystery to call the individuals to Himself so as to not drop them in the nothingness and, ultimately, so as to generate gladness. Therefore, it seems more reasonable and humane the opening to Mystery and, consequently, where treatments are really effective and there are concrete and objective chances of survival, it does not seem shareable the requests of legitimization of all those behaviors destined to anticipate the death of individuals in relation to their natural end, such as euthanasia, assisted suicide and withholding or withdrawing of proportionate life-sustaining treatments.

10.18060/1841 ◽  
2011 ◽  
Vol 12 (2) ◽  
pp. 164-180 ◽  
Author(s):  
Darrel Montero

The very public death of Terri Schiavo in 2005 alerted Americans to what is a growing ethical, medical, and social crisis: the status of end-of-life issues and decisions in the United States. Currently, Oregon is the only state to give terminally ill patients the right to end their lives, with physicians’ help, if they so choose. Public opinion data from 1977 to the present show that Americans support greater rights for individuals facing end-of-life decisions--up to and including physician-assisted suicide and euthanasia. This paper considers the status of end-of-life issues in the United States after Terri Schiavo’s death and examines the opportunities for advocacy by social workers who serve clients and families encountering this complex and controversial issue.


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.


2020 ◽  
pp. 532-622
Author(s):  
Jonathan Herring

This chapter examines the legal and ethical aspects of death. It begins with a discussion of the difficulty of the choosing a definition of ‘death’. It then sets out the law on a range of ‘end-of-life issues’, including euthanasia, assisted suicide, and refusal of medical treatment. It considers some particularly complex cases in which the law is not always easy to apply. These include the administration of pain-relieving drugs, the treatment of severely disabled newborn children, and the position of patients suffering from PVS. Next, the chapter considers the ethical debates surrounding euthanasia, assisted suicide, and terminating treatment. This is followed by a discussion of palliative care and hospices.


2002 ◽  
Vol 29 (2) ◽  
pp. 106-111 ◽  
Author(s):  
James L. Werth

The American Psychological Association's Working Group on Assisted Suicide and End-of-Life Decisions (2000) recently called for the development of resources to assist training programs in incorporating end-of-life issues into undergraduate and graduate courses. After explaining why teaching about the dying process is relevant to psychology, I provide suggestions for how instructors can include end-of-life issues and decisions in courses on ethical, legal, and professional issues; adult and life span development; counseling diverse populations; and assessment and diagnosis. Each section contains a brief review of key issues, provides sample discussion questions, and highlights appropriate references.


2005 ◽  
Vol 3 (1) ◽  
pp. 101-108
Author(s):  
Irena Grochowska

Human aims for internal integrity and unison at all levels of human are identity and all dimensions of human existence. According to Rull integrity is a gift from God, but also a task for everybody, only possible when a human being is open for autotranscendency. Unity of mankind is based on condition. The key word condition means that a human being is not neutral. The conditions indicates limitations and burdens of human being, although more and more frequently modern man tries to deny it, defining by himself who he wants to be and taking the place of God. Modern individualism is a lonely following of traditional utopia of society. Delsol claims that the most certain thing, which we can say about a man, is the existence of his condition, which acceptance is possible under condition of leaving the theory of ruling. We are not independent from our condition, we can free ourselves from it like we cannot deny the way we look, the condition is like terminal illness. A person’s dignity grows from the wound of finiteness. Greatness of man is about receiving and solving problems, a constant struggle, not owing a panacea for all human problems. A man who rejects reality, wanting to create his own self loses form and falls. To realise about the human condition would mean leaving the possibility of existence, potentiality for act. Human being who does not accept the human condition becomes undefined, he does not know his identity, he is restricted to mass, to biological body, he looks after it, improves it looking for fulfilment. But identity requires defining, one cannot be oneself if one does not know what one should be.


2019 ◽  
pp. 137-178
Author(s):  
Daniel Sperling

This chapter provides an empirical analysis of suicide tourism. It includes extracts of interviews with key stakeholders in the field of assisted suicide from around Europe. In many countries, there have been legal and public proceedings discussing end-of-life issues (notably assisted suicide), accompanied by varied media coverage of stories of suicide tourism. In some cases, for example Canada, suicide tourism was a social phenomenon that the legislator wanted to prevent while legalizing assisted suicide. In others, especially the UK and Germany, suicide tourism was referred to by opponents or supporters of proposed laws to legalize or criminalize assisted suicide. This chapter reflects on the fact that, despite these proceedings and the many arguments raised by campaigners to change existing prohibitions against assisted suicide in countries of origin, the law in these countries has not changed, and in some cases its position on assisted suicide has become more prohibitive.


Author(s):  
Jonathan Herring

This chapter examines the legal and ethical aspects of death. It begins with a discussion of the difficulty of the choosing a definition of ‘death’. It then sets out the law on a range of ‘end-of-life issues’, including euthanasia, assisted suicide, and refusal of medical treatment. It considers some particularly complex cases in which the law is not always easy to apply. These include the administration of pain-relieving drugs, the treatment of severely disabled newborn children, and the position of patients suffering from PVS. Next, the chapter considers the ethical debates surrounding euthanasia, assisted suicide, and terminating treatment. This is followed by a discussion of palliative care and hospices.


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