Type: Judgment

Authority: National Courts: Supreme Courts (Italy) - Corte di Cassazione

Date: 10/16/2007

Subject: the judge can authorize the cessation of the medical treatment that keeps the patient alive, when the vegetative state is irreversible; such authorization is subject to the reconstruction of the patient’s will, deduced from his personality, way of life, declarations. To come to this conclusion, the Court mentions the principle of the informed consent to medical treatments, established by the Charter of Nice and the Convention of Oviedo, and it reconstructs the jurisprudence of the ECHR, of many European Constitutional Courts and of some American Courts in similar cases

Original language: Italian

Classification: Dignity - Art. 1 Human dignity - Art. 3 Physical and mental integrity

Text

Notices: Effectiveness of the Charter
The Court recalls the Charter of Nice