Self-Determination, Dignity and End-of-Life Care
Regulating Advance Directives in International and Comparative Perspective
Series:- Queen Mary Studies in International Law, Volume: 7
Editor:
Stefania Negri
This volume gathers the contributions of leading researchers in the fields of bioethics, medical law and human rights. By providing an interdisciplinary reading of advance directives regulation against the background of European and International law, this book aims to offer new insights into the most controversial legal issues surrounding the theme of dignity and autonomy at the end of life. Cross-cultural perspectives from Europe, the Americas, Australia and China offer a comparative analysis of legal approaches to end-of-life decision-making and care, including the hotly debated issues of euthanasia and assisted suicide, also giving an account of recent developments in domestic legislation and jurisprudence. Special focus is placed on the Italian legal system and its ongoing discussion on advance directives regulation.
Stefania Negri, Ph.D., Associate Professor of International Law and of International Human Rights Law at the Faculty of Law of the University of Salerno, is the founder and director of the “Observatory on Human Rights: Bioethics, Health, Environment”, a network of academic experts promoting international cooperation in teaching and research. She has published extensively on international human rights law, international health law and international procedural law.
"The collection draws together a wealth of crossjurisdictional information on the traditional debates relating to end-of-life issues and the comparatively recent question of advance directives and their regulation."
Mandeep Dyal
Birmingham Law School, Cornwall Street Chambers, Birmingham, Medical Law Review Advance Access, published July 10, 2012doi:10.1093/medlaw/fws020.
Birmingham Law School, Cornwall Street Chambers, Birmingham, Medical Law Review Advance Access, published July 10, 2012doi:10.1093/medlaw/fws020.
Foreword,
Roberto Andorno
Editor’s Preface, Stefania Negri
I. PERSPECTIVES OF INTERNATIONAL AND EUROPEAN LAW ON DIGNITY AND SELF-DETERMINATION AT THE END OF LIFE
Human Dignity: From Cornerstone in International Human Rights Law to Cornerstone in International Biolaw?, Angela Di Stasi
The Right to Informed Consent at the Convergence of International Biolaw and International Human Rights Law, Stefania Negri
Regulating Advance Directives at the Council of Europe, Roberto Andorno
La fin de la vie et le droit européen, Estelle Brosset
Assisted Suicide in the Jurisprudence of the European Court of Human Rights: A Matter of Life and Death, Panos Merkouris
A Private International Law Perspective: Conflict Rules in Advance Directives and Euthanasia Legislation, Mario J. A. Oyarzabal
II. ADVANCE DIRECTIVES, END-OF-LIFE DECISION-MAKING AND EUTHANASIA IN COMPARATIVE LEGAL PERSPECTIVE
Euthanasia Face of the Law in Latin America, Heloisa Helena Barboza
Legal Oversight of End-of-Life Treatment Decisions in United States Law, Carl H. Coleman
A Comparative Perspective on Australian End-of-Life Law, Thomas A. Faunce and Ruth Townsend
Les directives anticipées en France, un indice de consentement a effets limités, Brigitte Feuillet
The Legal and Ethical Dimensions of End-of-Life Decision-Making in Contemporary Ireland, Patrick Hanafijin
The Limits of Autonomy: Law at the End of Life in England and Wales, Penney Lewis
Euthanasia in China: Some Issues in Harmonization, Alessia Magliacane
Les directives anticipees en droit suisse, Dominique Manai
Treatment Directives in the Netherlands: The Gap between Legal Regulation and Medical Practice, Sofijia Moratti and Cristiano Vezzoni
Advance Directives in Spain, Jose Antonio Seoane
Advance Directives and Legality of Euthanasia under German Law, Jochen Taupitz and Amina Salkić
The Right to Die with Dignity: Socio-Legal Implications of the Right to a Dignifijied Life and Death in the Brazilian Experience, Sandra Regina Martini Vial
III. THE ONGOING DEBATE ON ADVANCE DIRECTIVES REGULATION IN ITALY
Exploring Self-Determination and Informed Consent in Advance Directives in Light of the Italian Legal System, Vitulia Ivone
Non-Negotiability of Ethical Values and Constitutional Democracy, Francesco Mancuso
Euthanasia and Assisted Suicide in the Italian Criminal Code and in the Draft Law on “Advance Treatment Directives, Maria Elena Castaldo
The Interface between End-of-Life Care and Religious Rights: Legislation of a Christian or a Secular State?, Giuseppe D’Angelo
Annex:
Italian Draft Bill on “Dispositions in Matter of Therapeutic Alliance, Informed Consent and Advance Treatment Directives”
Notes on Contributors
Index
Editor’s Preface, Stefania Negri
I. PERSPECTIVES OF INTERNATIONAL AND EUROPEAN LAW ON DIGNITY AND SELF-DETERMINATION AT THE END OF LIFE
Human Dignity: From Cornerstone in International Human Rights Law to Cornerstone in International Biolaw?, Angela Di Stasi
The Right to Informed Consent at the Convergence of International Biolaw and International Human Rights Law, Stefania Negri
Regulating Advance Directives at the Council of Europe, Roberto Andorno
La fin de la vie et le droit européen, Estelle Brosset
Assisted Suicide in the Jurisprudence of the European Court of Human Rights: A Matter of Life and Death, Panos Merkouris
A Private International Law Perspective: Conflict Rules in Advance Directives and Euthanasia Legislation, Mario J. A. Oyarzabal
II. ADVANCE DIRECTIVES, END-OF-LIFE DECISION-MAKING AND EUTHANASIA IN COMPARATIVE LEGAL PERSPECTIVE
Euthanasia Face of the Law in Latin America, Heloisa Helena Barboza
Legal Oversight of End-of-Life Treatment Decisions in United States Law, Carl H. Coleman
A Comparative Perspective on Australian End-of-Life Law, Thomas A. Faunce and Ruth Townsend
Les directives anticipées en France, un indice de consentement a effets limités, Brigitte Feuillet
The Legal and Ethical Dimensions of End-of-Life Decision-Making in Contemporary Ireland, Patrick Hanafijin
The Limits of Autonomy: Law at the End of Life in England and Wales, Penney Lewis
Euthanasia in China: Some Issues in Harmonization, Alessia Magliacane
Les directives anticipees en droit suisse, Dominique Manai
Treatment Directives in the Netherlands: The Gap between Legal Regulation and Medical Practice, Sofijia Moratti and Cristiano Vezzoni
Advance Directives in Spain, Jose Antonio Seoane
Advance Directives and Legality of Euthanasia under German Law, Jochen Taupitz and Amina Salkić
The Right to Die with Dignity: Socio-Legal Implications of the Right to a Dignifijied Life and Death in the Brazilian Experience, Sandra Regina Martini Vial
III. THE ONGOING DEBATE ON ADVANCE DIRECTIVES REGULATION IN ITALY
Exploring Self-Determination and Informed Consent in Advance Directives in Light of the Italian Legal System, Vitulia Ivone
Non-Negotiability of Ethical Values and Constitutional Democracy, Francesco Mancuso
Euthanasia and Assisted Suicide in the Italian Criminal Code and in the Draft Law on “Advance Treatment Directives, Maria Elena Castaldo
The Interface between End-of-Life Care and Religious Rights: Legislation of a Christian or a Secular State?, Giuseppe D’Angelo
Annex:
Italian Draft Bill on “Dispositions in Matter of Therapeutic Alliance, Informed Consent and Advance Treatment Directives”
Notes on Contributors
Index
All those interested in international and national biomedical law and human rights law, including post-graduate students, academics, lawyers, health care professionals and practitioners, health policy makers.