https://doi.org/10.4081/mem.2022.1222

Between autonomy and responsibility. The philosophy of law and the legislation on the "right to die"

Vol. 71 No. 4 (2022)
Published: December 22, 2022
therapeutic obstinacy, euthanasia, assisted suicide, refusal of treatment, palliative care, humanization in dying
Abstract Views: 541
PDF (Italiano): 27
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Authors

Laura Palazzani
palazzani@lumsa.it
Dipartimento di Giurisprudenza, Economia, Politica e Lingue moderne, Università LUMSA, Roma, Italy.

The article analyzes the end-of-life issues in bioethics from the perspective of the philosophy of law, critically analyzing the paths of the most recent legislation and jurisprudence in Italy. In particular, Law 219/2017 is analyzed with reference to the refusal and renunciation of life-saving treatments, the therapeutic obstinacy, deep sedation, advance care directives and care planning. The author analyzes the bioethical and bio-juridical problems between 'letting die' and 'killing', with reference to the sentence 242/2019 of the Constitutional Court which admits medically assisted suicide as an exception to art. 580 of the criminal code, under certain conditions. The sentence 50/2022 of the Constitutional Court on the inadmissibility of the so-called referendum on euthanasia allows to identify other bioethical reflections on the topics with reference to the minimum protection of life and vulnerability.

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How to Cite

Palazzani, L. (2022). Between autonomy and responsibility. The philosophy of law and the legislation on the "right to die". Medicina E Morale, 71(4), 469–480. https://doi.org/10.4081/mem.2022.1222

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