The Interface between End-of-Life Care and Religious Rights: Legislation of a Christian or a Secular State?

Abstract

There is no doubt that legal scholars engaged in the study of what the Italian literature currently defines as ecclesiastical law, or - if we prefer to have recourse to an expression which is perhaps broader and, consequently, less conditioning - of the relationship between law and religion, can find in bioethics generally and, specifically, as in our case, in care related issues. This chapter analyzes the Italian draft law on advance directives in the light of this dual characterization. It is diffficult not to realize that the subject of advance directives regulation constitutes for the Religion of more established presence in Italy, the Catholic Church, important field to reafffirm its right to intervene in the dynamics of the relationships between law and politics. The chapter concludes reverting to the basic question considered in the title of the chapter: does the draft bill represent the legislation of a Christian or a Secular State?. Keywords:advance directives; Catholic Church; Christian state; end-of-life care; Italian draft law; religious rights