Italy and Assisted Suicide
By: Jessica Skelly
The Law
On Wednesday, September 25, 2019, a new constitutional ruling came down in Italy that is sparking heated debate. The controversial holding? The Italian constitutional court held that, in certain circumstances, euthanasia, or assisted suicide, is justified.[1] More specifically, Italy’s constitutional court–its top court–ruled that it should not always be punishable to help someone who is “under intolerable physical and psychological suffering” to commit suicide.[2] The court made it clear that if interested in assisted suicide, the patient themselves would need to be fully capable of making this decision on his or her own, freely and consciously.[3] The ruling, however, was not without stipulations. That is, the court did not condone any reason for assisted suicide. Instead, the patient’s condition must be “causing physical and psychological suffering that he or she considers intolerable.”[4] Now, following approval of the decision by a local ethical committee, if an individual decides to undergo assisted suicide, public health authorities should verify all conditions of the ruling are met.[5] Before, helping or instigating someone’s suicide was punishable by between five and twelve years in prison in Italy.[6] Now, the holding has effectively legalized the act.
Notably, the ruling preceded any action by parliament.[7] The court made this decision with the expectation that parliament would make any changes to existing laws.[8] In fact, the court has been pushing parliament to consider this issue; the court had been re-examining the question of legalizing assisted suicide in the last year.[9] One year prior, the court had given parliament a one-year deadline to fill the legal void on the issue, but parliament had chosen to decline.[10] A new government was sworn into parliament two weeks after a month of extreme political issues, and parliament elected to not make assisted suicide a prioritized issued.[11] Now, following this court decision, parliament is expected to debate the matter.[12] So, perhaps, this decision was the court’s way of forcing parliament’s hand.
The Case
The ruling was a result of the case of Fabiano Antoniani, a music producer, traveler, and motocross driver who had become tetraplegic and blind as the result of a car accident five years prior.[13] In the case of Antoniani, in order to undergo assisted suicide, a comrade, Marco Cappato, drove Antoniani to Switzerland where he was legally helped to die.[14] Upon his return to Italy, Cappato turned himself into Italian authorities.[15] He explained that the act of turning himself into the authorities was done to make a statement and highlight what he saw as an unjust law.[16] After the court’s ruling, Cappato tweeted: “Those who are in Fabo’s condition have the right to be helped. From today we are all more free, even those who disagree. It is a victory of civil disobedience, while the (political) parties turned their heads away.”[17] Now, a Milan court is trying Cappato for “instigating or assisting suicide;” however, the court asked the constitutional court to clarify the current law.[18] An acquittal following the constitutional court’s decision is likely to occur.[19]
The Response
The court’s decision was not without its opposition. Mostly, opposition came from religious figures, who have a strong pull in a country deeply tied into its religious values. For instance, this ruling was vehemently opposed by the Vatican. Pope Francis spoke out: “We can and we must reject the temptation, which is also favored by legislative changes, to use medicine to satisfy a sick person’s possible wish to die.”[20] Moreover, the Italian Episcopal Conference expressed its “discontent and distance” with the court’s decision, quoting Pope Francis’s words.[21] Additionally, the head of the Catholic Doctor’s Association announced the “conscientious objection” of its members and stated that “a slide towards euthanasia” was “a violation of our professional code.”[22] The secretary of the Catholic body, Monsignor Stefano Russo, stated: “I don’t understand how you can talk of freedom. This is creating the preconditions for a culture of death.”
Yet, many supported the court’s decision. Members of the Left Democratic Party supported the ruling.[23] Andrew Marcucci, a Democratic senator, immediately called on parliament to pass a new law.[24] Valeria Imbrogno, an Italian activist, stated: “Fabo’s body had become a cage and he lived in that prison for two years and nine months. If a person in these conditions dreams of dying at home, I find it profoundly unfair that someone else should say no.”[25] Left-wing politician Nicola Fratoianni tweeted: “After the ruling, there are no more alibis: parliament should be capable of making a law of freedom for those who ask for self-determination and dignity for their lives.[26]
Conclusion
The holding is recent, and the effects have yet to be identified. Parliament’s response to the holding will be what to watch next.
[1] Nick Squires, Assisted dying is legal if patients suffering from intolerable pain, Italian court rules in landmark decision, The Telegraph (Sept. 26, 2009, 4:27 PM), https://www.telegraph.co.uk/news/2019/09/26/assisted-dying-legal-patients-suffering-intolerable-pain-italian/.
[2] Euronews, Italy’s top court rules assisted suicide not always a crime in landmark case, euronews (Sept. 26, 2019), https://www.euronews.com/2019/09/25/italy-s-constitutional-court-to-clarify-law-on-assisted-suicide.
[3] Italian premier expresses ‘doubts’ over assisted, France 24 (Sept. 28, 2019 8:50 AM), https://www.france24.com/en/20190928-italian-premier-expresses-doubts-over-assisted-suicide [hereinafter “Italian”].
[4] See Euronews, supra note 2.
[5] AFP in Rome, Assisting a suicide is not always a crime, rules Italian court, The Guardian (Sept. 25, 2019 6:40 PM), https://www.theguardian.com/society/2019/sep/25/assisting-a-suicide-is-not-always-a-rules-italian-court.
[6] Id.
[7] The Associated Press, Italian Catholic bishops oppose assisted suicide ruling, ABCNews (Sept. 26, 20`9 8:57 AM), https://abcnews.go.com/Health/wireStory/italian-catholic-bishops-oppose-assisted-suicide-ruling-65874685.
[8] See Italian, supra note 3.
[9] Italy court rules assisted suicide not always a crime, YahooNews (Sept. 25, 2019), https://news.yahoo.com/italy-court-rules-assisted-suicide-not-always-crime-193627697.html[hereinafter “Italy court”].
[10] Id.
[11] Id.
[12] See AFP in Rome, supra note 5.
[13] See Euronews, supra note 2.
[14] Id.
[15] Id.
[16] Id.
[17] See AFP in Rome, supra note 5.
[18] Id.
[19] Id.
[20] See Euronews, supra note 2.
[21] See AFP in Rome, supra note 5.
[22] Id.
[23] See Nick Squires, supra note 1.
[24] Id.
[25] Id.
[26] See Euronews, supra note 2.
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