The Living Will. My Personal Viewpoint and Reasons for Introducing it into Italian Legislation

Abstract

Human dignity, the right to health and life, the freedom of self-determination of the patient regarding treatments, the position of a healthcare proxy and of the doctor – are not so easy to reconcile. By means of the living will and the particular attention of the Legislator to these important themes it is possible to avoid frequent discussions and conflicts, above all when the legislation is non-existent, as in Italy which is still characterized by the lack of solid specific ad hoc legislation. This measure, essentially, is particularly effective in order to prevent ex ante, or to solve ex post, the difficult dilemmas which arise in situations which are characterized by the absence of a capacity for self-determination, safeguarding, forever and in all situations, the dignity and the identity of the human being.