Abstract

On 13th November 2008, the Supreme Court in Milan for the first time in Italy allowed stopping fluids and nutrition to a patient in a persistent vegetative state (PVS) who was still alive [1]. Eluana Englaro (born in 1972) is a 36-year-old Italian woman who entered PVS on January 18, 1992, at the age of 19 years, following a car accident. Since 1996, her father, Beppino Englaro, proposed removing the feeding tube and allowing her to die, as the girl ‘‘had clearly expressed the wish to die in case of an accident that left her in a vegetative state’’. In 1999, the tribunal of Lecco first denied Mr. Englaro’s request. The case was then debated in court and the man’s request was denied both in December 1999 by the Milan Court of Appeal and in April 2005 by the Court of Cassation [2]. A request for a new trial was granted by the Court of Cassation on 16 October, 2007 [3] and, finally, Italy’s supreme court made a groundbreaking ruling that affirmed a person’s right to die [4]. A legal battle, a legal void

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