Notes on the German Suprem Court decision of 25 June 2010 on passive euthanasia
Journal title DIRITTI UMANI E DIRITTO INTERNAZIONALE
Author/s Giorgio Resta
Publishing Year 2010 Issue 2010/3
Language Italian Pages 8 P. 566-573 File size 342 KB
DOI 10.3280/DUDI2010-003006
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The work examines the German Supreme Court decision of 25 June 2010, which upheld the judgment convicting a lawyer, specialized in medical issues, of attempted murder. In the case, the lawyer had advised his clients on the use, for their mother, of tech-niques of interruption of artificial nutrition therapies. German judges base their decision rejecting the so-called theory of the omission by action - supported mostly by scholars, and maintained also in the case-law. The Supreme Court configures a cause of justification ex-cluding the unlawfulness of the conduct of the doctor or of the trustee, affirming that he/she gives effect to the right of self-determination of the terminal patient, through the suspension/interruption of life-sustaining practices. Finally, the author observes that a similar trend might be taken into account before Italian courts and tribunals.
- Advance Care Decision Making in Germany and Italy Angela Di Stasi, Rossana Palladino, pp.39 (ISBN:978-3-642-40554-9)
Giorgio Resta, Dignità e autodeterminazione nelle scelte di fine vita: il <em>Bundesgerichtshof</em> espande la frontiera dei diritti fondamentali in "DIRITTI UMANI E DIRITTO INTERNAZIONALE" 3/2010, pp 566-573, DOI: 10.3280/DUDI2010-003006