to: Alberto Gambino - ASCA
Rome, Feb. 23 - The appeal of Saviano, Rodota 'and Zagrebelski and'''the consecration of a role that the law never was given: the guarantor of the will 'individual, whatever it is.'' This was stated in an editorial today on Sussidiario.net ( http://www.ilsussidiario.net/News/Cronaca/2011/2/23/J-ACCUSE-I-tre-sofismi-di-Rodota-e-del -partito-dell-eutanasia-/152229 / ) the lawyer Alberto Gambino, professor Civil Law and Director of the Department of Humanities of the University 'of European Roma.
''The case of volonta'-freedom 'to determine end of life choices is not currently in our system the scope of' legal claim '- says the prof. Gambino - but comes up against the law to protect human life, so that if someone today would put an end to human existence to satisfy the wishes of the patient would incur in the commission of crimes such as murder or consent of the assisted suicide ' '.
''There is therefore the state of Italian law an absolute right to self-determination - continued the lawyer - which therefore 'can not be considered transgressed by a bill in the approval process.''
''It was with reference to the refusal of treatment - add the Gambino - the legitimacy of law 'and not Italian'
Englaro represented only by sporadic cases, but in a more ' robust, says that pre-'prior consent to medical treatment and' excluded in the absence of proper, comprehensive, analytical information on the treatment itself''and''a bill that is routed on that line can not 'thus defined, in contradiction with the Constitution, being quite in harmony with what the Italian legal system already 'means.''
''It 's not true - explains the lawyer - that the Bill imposes an obligation authoritarian power and the hydration force in disregard of Art. 32 of the Constitution, in fact, 'today is entirely legitimate, indeed a duty, in an emergency to enable protocols that provide for the sustenance parenterally.''
''We must now return to Parliament the constitutional prerogative to regulate an issue of major social impact, such as end of life choices - said the Professor. Gambino - defusing the pace of other possible judicial decisions creative print''.
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