The essay analyzes the proposed regulation of living will, which is now discussed in the Italian Parliament. This proposal doesn’t respect the person’s right to self determination in health choices, protected by the Oviedo Convention, the New York Convention on the Rights of Persons with Disabilities, the European Fundamental Rights Charter and the Italian Constitution. The Author opinion is that this proposal isn’t adequate and that the legislator should re-consider it in the light of the existing rules and practice of advanced directives contained in the designation of a future guardian that can occur, according to art. 408, c. 1°, c.c., when the interested person is still capable.
Le dichiarazioni anticipate di trattamento in Italia
SAVORANI, GIOVANNA
2012-01-01
Abstract
The essay analyzes the proposed regulation of living will, which is now discussed in the Italian Parliament. This proposal doesn’t respect the person’s right to self determination in health choices, protected by the Oviedo Convention, the New York Convention on the Rights of Persons with Disabilities, the European Fundamental Rights Charter and the Italian Constitution. The Author opinion is that this proposal isn’t adequate and that the legislator should re-consider it in the light of the existing rules and practice of advanced directives contained in the designation of a future guardian that can occur, according to art. 408, c. 1°, c.c., when the interested person is still capable.
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