Academia.eduAcademia.edu

L'ALTRO DIRITTO RIVISTA

2019, L’ALTRO DIRITTO RIVISTA Carcere, devianza, marginalità e governo delle migrazioni

The paper discusses the legal aspects of the Italian criminal law governing assisted suicide from a European perspective, starting with an analysis of the relevant European Court of Human Rights’ case law. As a matter of facts, the European Court of Human Rights has developed a quite cautious case law, affirming and reiterating that no right to die, whether at the hands of a third person or with the assistance of a public authority, can be derived from Article 2 of the Convention. At the same time, this same Court has introduced the principles of personal autonomy and human dignity, which seem to be the most dynamic perspectives for future developments of the case law on this subject. The Italian case shows to which extent the judicial power is actively engaging in a redefinition of the rights connected to end of life issues, covering for the idleness of the policy makers.