Euthanasia: the perspective of constitutional state between principles and values

Abstract

There is a close link - as the Author emphasizes in this article - between right to life defence and the nature of a State based on constitutional right. This link is particularly evident in the areas of life beginning and end.

As a matter of fact, the Author refuses the possibility of a juridical arrangement concerning euthanasia as a “right to die”: after examining the legislative situation de iure condito and de iure condendo, he considers the “unavailability” of such a great good as life within a perspective of constitutional principles and values. According to this perspective, the “nature” of constitutional State is tied to the notion of human person and to his/her untouchable rights, among which the right to life is the pre-condition of any other right.

Thus, the right to life is the principium essendi of law system itself, which finds the reason for existence and the criterion of legitimation in it.