RIFLESSIONI COMPARATISTICHE A MARGINE DELLE SCELTE IN TEMA DI TRATTAMENTO SANITARIO

Abstract

The essay deals with advance directives to allow or to refuse medical treatment, specifically when the person is in a situation of incapacity. The first part focuses the notion of human dignity in connection with the idea of individual autonomy as right to personal identity and as right to health. The second part of the essay is dedicated to the more remarkable parts of Italian legislation (l. 219/ 2017) that enables someone aged 18 and over, while still capable, to take decisions for foreseeable medical treatments for a time in the future when they may lack the capacity to consent to or refuse that treatment. At last, under a comparative point of view, the essay deals with the English statutory framework (Mental Capacity Act, 2005) for people who lack capacity to make decisions for themselves, or who have capacity and want to make preparations for a time when they may lack capacity in the future.