Abstract
- It is difficult for the law to give an answer to the need of balancing the protection of life and the self-determination in deciding on health care treatments, because this is influenced by moral choices which impact on the meaning of the constitutional principles regulating these matters. The case of Eluana Englaro represents a paradigmatic example of this difficulty which influence the debate within the legislative process on the passing of a bill concerning advance directives for health care treatment and the End-of-Life care. The essay analyses the interpretation given by the Italian Supreme Court in the Englaro case and in other consolidated or disputed questions.
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