Il diritto di rifiutare cure salvavita : il dibattito tra i Padri Costituenti sull'articolo 32.2 della Costituzione

Abstract

Recent end-of-life cases in Italy and national and comparative data from hospitals and nursing homes show that the patient’s refusal of life-prolonging treatment is not always taken seriously. Some legal experts contend that the professional autonomy of doctors encompasses the freedom to administer treatment that is not wanted by the patient. I do not share their views. I argue that the patient’s right to refuse life-prolonging treatment is grounded in the highest law of the country, the Constitution, at article 32, second paragraph. In support of my argument, I present the results of a research on the Acts of the Constituent Assembly (1947) and a review of case law of the Constitutional Court on informed consent.