Notes on the German Suprem Court decision of 25 June 2010 on passive euthanasia
Journal title DIRITTI UMANI E DIRITTO INTERNAZIONALE
Author/s Giorgio Resta
Publishing Year 2010 Issue 2010/3 Language Italian
Pages 8 P. 566-573 File size 342 KB
DOI 10.3280/DUDI2010-003006
DOI is like a bar code for intellectual property: to have more infomation
click here
Below, you can see the article first page
If you want to buy this article in PDF format, you can do it, following the instructions to buy download credits
FrancoAngeli is member of Publishers International Linking Association, Inc (PILA), a not-for-profit association which run the CrossRef service enabling links to and from online scholarly content.
The work examines the German Supreme Court decision of 25 June 2010, which upheld the judgment convicting a lawyer, specialized in medical issues, of attempted murder. In the case, the lawyer had advised his clients on the use, for their mother, of tech-niques of interruption of artificial nutrition therapies. German judges base their decision rejecting the so-called theory of the omission by action - supported mostly by scholars, and maintained also in the case-law. The Supreme Court configures a cause of justification ex-cluding the unlawfulness of the conduct of the doctor or of the trustee, affirming that he/she gives effect to the right of self-determination of the terminal patient, through the suspension/interruption of life-sustaining practices. Finally, the author observes that a similar trend might be taken into account before Italian courts and tribunals.
- Advance Care Decision Making in Germany and Italy Angela Di Stasi, Rossana Palladino, pp.39 (ISBN:978-3-642-40554-9)
Giorgio Resta, Dignità e autodeterminazione nelle scelte di fine vita: il <em>Bundesgerichtshof</em> espande la frontiera dei diritti fondamentali in "DIRITTI UMANI E DIRITTO INTERNAZIONALE" 3/2010, pp 566-573, DOI: 10.3280/DUDI2010-003006