TY - JOUR PY - 2019// TI - The Constitutional Court'S Ordinance N. 207 Of 2018 On The "Cappato Case" And The Right To Avoid A Slow And Undignified Agony For The Patient That Refuses Life-Saving Treatments JO - BioLaw Journal A1 - Pizzetti, F.G. SP - 151 EP - 170 VL - 2019 IS - 2 N2 - The article analyzes the content and the consequences of the recent order n. 207/2018 of the Constitutional Court, which has been pronounced on the constitu-tional review of the criminal provision about "assisted suicide" (art. 580 Criminal Code), as requested by the Court of Assize in the "Cappato's case. In that order, the Court have affirmed the compelling interest of the State in protecting the life of the human person against interventions by third parties in helping one to suicide, under the constitutional personalist principle (art. 2 Const.). At the same time, the Court has recognized a new right of the competent patient, who is dependent from life-saving medical treatments, to ask the physicians for obtaining death with a lethal substance, after the refusal of the life-sustaining machines, in order to avoid a slow dying-process considered against his dignity (art. 3 and 32 Const.). A right that has to be implemented by the Parliament in the next months (and the article discuss what will happen if the Parliament will not intervene) and that may also be extended to the patients irreversibly unconscious, who have refused life-prolonging treatments in a living will. © 2019, University of Trento.

Language: it

LA - it SN - 2284-4503 UR - http://dx.doi.org/ ID - ref1 ER -