by Luigi Crimella

At the end of last September the issues of assisted suicide and euthanasia became very topical again in Italy. The Constitutional Court has in fact decided with a ruling regarding the DJ Fabo-Cappato case to decriminalize the "assistance to suicide" that the radical exponent had implemented in public and with media outcry to achieve his goal of total liberalization.

The Court's statement underlined that "the questions raised by the Court of Assizes of Milan on article 580 of the Criminal Code regarding the punishability of aiding the suicide of someone who is already determined to take their own life" had been examined. The Court held that «not punishable under certain conditions, anyone who facilitates the execution of the suicide intention, independently and freely formed, of a patient kept alive by life support treatments and suffering from an irreversible pathology, a source of physical or psychological suffering which he considers intolerable but fully capable of making free and informed decisions".

Under what conditions can this be done?

«While awaiting an indispensable intervention by the legislator, the Court has subordinated non-punishment to compliance with the procedures established by the legislation on informed consent, palliative care and continuous deep sedation (articles 1 and 2 of law 219/2017) and to verification both the required conditions and the methods of execution by a public structure of the National Health Service, having heard the opinion of the territorially competent ethics committee".

The Court underlined that «the identification of these specific conditions and procedural methods, deduced from rules already present in the legal system, was necessary to avoid risks of abuse towards especially vulnerable people, as already underlined in order 207 of 2018 ». 

The reaction of the CEI

The CEI immediately issued a statement in which it stated: «We can and must reject the temptation - also induced by legislative changes - to use medicine to satisfy a possible desire for death of the patient, providing assistance to suicide or directly causing the patient's death. with euthanasia." The text added that the Italian Bishops «are unanimous in relaunching the words of Pope Francis. In this light they express their bewilderment and their distance from what was communicated by the Constitutional Court. The greatest concern relates above all to the implicit cultural push that may arise for suffering subjects to believe that asking to end their existence is a choice of dignity." The CEI note continued by stating that «the Bishops confirm and relaunch the Church's commitment to proximity and accompaniment towards all sick people. They expect the parliamentary passage to recognize these values ​​to the highest possible degree, also protecting healthcare workers with freedom of choice (conscientious objection, ed.)".

The opinion of the Movement for Life

In the statement released the day after the decision, the Pro-Life Movement expressed «the disdain and bitterness of many for this serious civil defeat for which the Constitutional Court has made itself responsible. A defeat for the whole company. The Court, from the scant information it has just received, has trampled on the rules of democracy by arrogating to itself a power that does not belong to it (...) An arrogance that will unfortunately have its harmful effects on solidarity. The profound reasons for proximity and assistance will disappear. With all the dramatic consequences on the National Health Service. Suffering is not fought with lethal drugs, but with pain therapy and palliative care. 

It is necessary to react... We still have the hope that Parliament will intervene at least to avoid the worst consequences, that the conscience of doctors will refuse to collaborate in acts that cause death, that palliative medicine and pain therapy will truly be widespread throughout the national territory, that bonds and relationships of authentic solidarity are strengthened, because as we have said many times, death is accepted and not caused. This is civilization." 

So do some politicians

Among the numerous declarations by political representatives of all sides, Senator Paola Binetti (UDC) immediately expressed a negative assessment: «A bad page with very bad consequences. 

Access to medium-assisted suicide is made easier. Parliament will have to review the conditions indicated by the Consulta." Deputy Stefano Ceccanti (Pd) is more optimistic, according to whom "the Court leaves a wide choice to the legislator to implement a partial decriminalization in a balanced manner". Matteo Salvini (Lega) instead expressed his total opposition by stating that "life is sacred and there is no going back from this principle".