In margine ad una recente decisione della Consulta in materia di aiuto al suicidio e diritto di autodeterminazione terapeutica

Abstract

For decades “End of Life” has represented one of the most complicated and sensitive subject in the current legal landscape, so important to encourage a lively debate culminated with the approval of Law 22nd December 2017, n. 219 and with the specific reference to self-determination freedom in health care referred to in Articles 2, 13 and 32 of the Constitution as well as in Articles 1-3 EU Charter concerning freedom to be always balanced with other constitutional values of reference. Similarly, the Constitutional Court of Italy with its year-end decision has not only underlined the urgency of a legislative action concerning this multifaceted subject, but it has also postponed by one year the discussion concerning the constitutionality of actions in Article 580 of the Criminal Code (assisted suicide). This provision dates back to the period of the Rocco Code and it should be carefully read considering both the constitutional interpretation and the proper balancing with all the different interests involved.