Taggato: obblighi positivi dello Stato

VANNUCCINI S. – Diacronia dello sviluppo giurisprudenziale e legislativo della disciplina sul parto anonimo e sulla conoscenza dei propri veri natali


This paper deals with the interaction of two potentially competing rights, and the ways in which they can be balanced against each other: the right of the mother to remain anonymous after giving birth, without recording her name on the child’s birth certificate, and the right of the newborn to know his/her parentage, i.e. his/her biological family, ascendance and conditions of birth, as an integral part of the right to an identity.
The evolution of the regulation of anonymous birth – from the blind preference to the person who wishes to keep her identity secret (with the consequence that the right of the person abandoned at birth to find his/her origins is entirely neglected and forgotten) to the recognition that the problematic issue does not lie in the mother’s right to anonymity per se, but rather in its irreversible nature, and to the progress on the implementation of the child’s right to knowledge of his/her personal history (and similar right to knowledge on the side of the mother who desires to initiate a search for her child) – is studied through a diachronic analysis of the judicial and legislative development on this matter in the Italian Legal System.

VANNUCCINI S. – «Memento mori» («secundum voluntatem medicorum et sententiam iudicum»). Il caso francese di Vincent Lambert


The case of Vincent Lambert refers to the withdrawal of artificial nutrition and hydration of a French patient in a state characterized as «minimally conscious plus», according to the decision taken by the doctors in charge of him, first confirmed by the Conseil d’État and then by the ECtHR, but in the absence both of advance directives drawn up by the patient and of a person of trust within the meaning of the relevant provisions of the Public Health Code, and also with the opposite opinion of his parents and other family members.
This case is not only a patient’s case, but also a question about the death, that of a young man in the incapacity to express its will. This case, and the questionable national and European rulings, reopen a debate never ceased in France, as in Europe as a whole, about the rights of patients and their representatives, the duties of care and assistance, the distinction between treatments and vital treatments, the full protection of human frailty, the unavailability of one’s own bodily life.[…]