La prima volta della Corte europea dei diritti dell’uomo e delle libertà fondamentali sull’eutanasia
Journal title CITTADINANZA EUROPEA (LA)
Author/s Ugo Adamo
Publishing Year 2023 Issue 2023/1 Language Italian
Pages 28 P. 25-52 File size 271 KB
DOI 10.3280/CEU2023-001002
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The contribution is dedicated to a very recent decision of the European Court of Human Rights (case Mortier v. Belgique), the last in a long series of rulings on the subject of end of life. The particularity of the decision is that it is the first with which the Court expresses itself on the conformity of euthanasia with the Convention and clarifies that its intervention is particularly stringent. Indeed, the European Court of Human Rights has ascertained the violation of art. 2 of the ECHR by Belgium, since the law of 28 May 2002 does not sufficiently guarantee the independence of the Federal Commission for the control and evaluation of euthanasia. Decriminalizing euthanasia, the legislator does not fail in its duty to protect life, and the importance of this obligation must be interpreted in the light of the right to self-determination, even by a person suffering from mental disorders.
Ugo Adamo, La prima volta della Corte europea dei diritti dell’uomo e delle libertà fondamentali sull’eutanasia in "CITTADINANZA EUROPEA (LA)" 1/2023, pp 25-52, DOI: 10.3280/CEU2023-001002