Il consenso informato ai trattamenti sanitari sui minori e decisioni di fine vita. Riflessioni comparatistiche

Abstract

The essay deals with the informed consent to allow or to refuse medical treatment for pediatric patients, in a comparative law perspective. The first part focuses on the principle of personal autonomy and the rights to health and to life for patiens who lack capacity, as enshrined in Italian legislation. In determining care and treatment in relation to their child, parents have to take into account the physical and mental well-being, life and dignity of the person, as fully as possible (art. 3, L. 219/2017). The second part of the paper investigates the consequences of parents' refusal to interrupt or continue life-sustaining treatment in relation to infants suffering from serious and incurable deseases. The subject has been dealt with in some Italian and English cases, in which the judges considered that the willingness of parents to cease or to provide care against medical opinion was not in line with the best interest of the child.