End-of-life in Italian law

Abstract

End-of-life situations are considered part of the health care relationships and are regulated by the Act 219/2017 on “Informed consent and advance directives”. Outside legal framework, the Constitutional court reviewed the absolute prohibition of assisted suicide (art. 580 of criminal code) ruling that it violates constitutional principles and liberties among which autonomy and dignity (sentence 242/2019). The aim of the report is to present the distinctive feature of patient’s decision autonomy and how it relates to physician’s professional integrity and responsibility. Much focus is therefore on issues dealing with patient’s capacity and representation, and standards of evidence. In summary, the analysis suggests a strong relationship between respect for patient’s subjectivity and listening capacity towards the wishes of the person, including medical aid in dying, as part of dignity.