Federica Botti

The Ending of a Long Journey at the End of the Night: the Law 219/2017 on Informed Consent and Advanced Health Care Directives

  • Abstract

Informations and abstract

Keywords: Self-determination in Health Care decisions; Palliative care; Therapeutic Persecution; Conscientious Objection; Trend Organizations; Jehovah's Witnesses.

The law 219/2017 on informed consent and the Advanced health care directives completes the discipline of the Italian legal system on the protection of the weak individuals, overcoming the medical paternalism in favor of the establishment of a relationship of trust (therapeutic alliance) between doctor and patient. The possibility of appointing a trustee, through the subscription of an Advanced health care directive, enhances the therapeutic self-determination of the patient by giving effect to the right not to be treated according to art. 32 of the Constitution, 2 c. The lack of provision in the law of conscientious objection, combined with the obligation to comply with the provisions contained therein for both public and private health facilities, does not exonerate even the Trend Organizations, despite the particular legal discipline to which they are subjected.

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