Marta Cartabia

Case Law of the Constitutional Court Concerning Art. 32.2 of the Italian Constitution

  • Abstract

Informations and abstract

Keywords: Right to Healthcare, Compulsory Treatment, Relation between Science and Legislation.

This article offers an overview of the case law of the Italian Constitutional Court on art. 32, second paragraph of the Constitution, concerning the right to health care. The constitutional provision is analyzed bearing in mind all the aspects the Constitutional Court has had the opportunity to deal with and starting with the freedom to undergo medical care, the limits to that freedom, the damages due in case of injury related to compulsory treatment, the relationship between science and legislation. The author concludes that the major challenge of our time with regard to healthcare is the need to balance individual freedom with the obligation to protect all vulnerable persons who might not be able to exercise their freedom without being exposed to the moral pressure of others.

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