The biological testament

The art. 32 paragraph II of the Italian Constitution provides:

NONE MAY BE REQUIRED TO A SPECIFIC TREATMENT IF NOT FOR PROVISION OF LAW. THE LAW CAN NOT INFRINGE THE LIMITS IMPOSED BY COMPARISON OF HUMAN PERSON.

This made solemn by the Constitution in 1948 recognizes the right of every person to decide, even against the advice of doctors, whether or not to be subjected to a given treatment, including hospitalization for prudential investigation.

It follows that everyone is master of the health of his body, his life and can decide what choice do during the most critical moments. There are many cases that made news for people who have refused hospitalization, treatments and interventions fully aware that this very likely would have led to a deterioration of their health and a possible fatal outcome.

On this catholic fundamentalists disagree. For them life is given us from God and only God can take away our life. They forget that their opinion is a matter of faith. And faith is who has and who does not. The fundamentalists can’t deny the constitutional principle; however, they have now gone on the offensive of those situations where the person is unable to express his will because incapable or unconscious.

For these cases, to avoid bleak disputes between doctors, judges and representatives of the Church, many opinion leaders are in favour of approving a law that allows each one to produce a biological testament to demonstrate, without a shadow of doubt, what is his desire in a situation of incapacity or unconsciousness. Faced with this expression of advance will everyone is obliged to respect it. Relatives, doctors, judges and Catholic fundamentalists. It is fully in line with constitutional provisions. Therefore a law to allow this is not necessary. The Italian constitution is clear.

But there is something new. Now the Church is asking for a law on biological testament. Someone said: welcome, finally is an opening. But they have not reflected enough. The director of the “Avvenire”, the newspaper of the Italian Episcopal Conference, explained soon. By law we want to introduce limitations on full of this constitutional right. The Church knows that now in parliament there is a large conservative majority ready to adopt measures acceptable to the Vatican.

The Church has forgotten, however, that there is also a public opinion opposed to violations of the letter and spirit of the Constitution. The latter has drawn in the same paragraph of art. 32 of the Constitution: NO LAW CAN VIOLATE THE HUMAN DIGNITY.
Any block to decide how to deal with the most dramatic phases of our lives would be the greatest violation of human dignity.