Original Articles
V. 56 N. 1 (2007)
https://doi.org/10.4081/mem.2007.329
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
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All claims expressed in this article are solely those of the authors and do not necessarily represent those of their affiliated organizations, or those of the publisher, the editors and the reviewers. Any product that may be evaluated in this article or claim that may be made by its manufacturer is not guaranteed or endorsed by the publisher.
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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"?
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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). Medicina e Morale, 56(1). https://doi.org/10.4081/mem.2007.329
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