Euthanasia, right to /ife and Penai Law

Published: August 31, 1994
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The artide may be considered, at bioethical leve!, like the presupposi of the legislator's policy. The work deals with more moments joined together with the idea of a tutelage of the right to !ife, which is argued at philosophicallevel. Tbe author underlines the connection between the arder of human vital principle and the universal arder, however we qualify it (sacred, pantheistic and materialistic). So, the principle of inviolability of the right to !ife could be justified an d the same princip]e, in the creation conception, becames that of sacrality of the right to life. Consequently, the author examines that the respect of the above principles causes a greater tutelage of the right to ]ife, and this confinns the thriving national and intemational tendency to piace the universal values and the human rights like the basis of the policy. Just such a tendency induces the author, after examining the euthanasia between the Philosophy of Law and the Penai Law, to urge the penallegislator to provide for proportionate punishements towards who practises euthanasia, because if this one is considered like minor crime, or if to whom carries aut euthanasic acts, it's possible to allow mercy (in constancy of judgement), as weJI as some authors said in '80s and in the past, the crime is useless and the right to life is not more protected enough. Finally, the author deplores the fact that in the Italian Constitution the right to political freedom enjoys a more specific protection than the right to life.

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Tarantino, A. (1994). Euthanasia, right to /ife and Penai Law. Medicina E Morale, 43(5), 865–903. Retrieved from https://www.medicinaemorale.it/mem/article/view/1644