Sessant'anni dopo. L'art. 32 della Costituzione e il diritto all'autodeterminazione (Sixty Years On: Article 32 of the Italian Constitution and the Right to Self-Determination)
Journal Title: SOCIOLOGIA DEL DIRITTO
Author/s: Valerio Pocar, Roberta Dameno
Year: 2009
Issue: 3
Language: IT
Pages: 11
Fulltext PDF:350 KBDOI: 10.3280/SD2009-003008
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Abstract:
A reconstruction of the stenographic record of the debate that took place in the Constituent Assembly leading to the formulation of Article 32 of the Italian Constitution, which covers the right to health, confirms that it was the Assembly’s conscious intention to make an explicit statement about the right of self-determination with regard to medical treatments as an absolute right of individual freedom. This has the effect of refuting a tendency to interpret the article in the opposite sense that has been gaining ground in Italian legal and bioethetical circles, especially in positions inspired by the teachings of the Roman Catholic church.