The Problem of the Conscience Clause of Healthcare Professionals in Italy in the Years 2017-2020

The main goal of the article is to analyse the key elements of the living will in Italy and present the dispute regarding the understanding of the conscience clause of healthcare professionals. In the country on the Tiber, a law on the living will was passed in 2017. A living will consists in the an...

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Main Author: Andrzej Kobyliński
Format: Article
Language:English
Published: Uniwersytet Kardynała Stefana Wyszyńskiego w Warszawie 2020-09-01
Series:Studia Ecologiae et Bioethicae
Subjects:
Online Access:https://czasopisma.uksw.edu.pl/index.php/seb/article/view/7123
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author Andrzej Kobyliński
author_facet Andrzej Kobyliński
author_sort Andrzej Kobyliński
collection DOAJ
description The main goal of the article is to analyse the key elements of the living will in Italy and present the dispute regarding the understanding of the conscience clause of healthcare professionals. In the country on the Tiber, a law on the living will was passed in 2017. A living will consists in the anticipatory expression of ‘will’, by an adult or legal guardian acting in full possession of their mental faculties, concerning the possible administration or discontinuation of certain medical therapies in the future. The conscience clause, on the other hand, means the right to refuse to take such actions, which a particular person considers to be contrary to their personal convictions. The Italian law on the living will does not contain a provision on the conscience clause. For this reason, an ethical and legal problem arose for healthcare professionals, who refused to comply with the wishes of their patients for moral or religious reasons, for example by discontinuing artificial hydration or nutrition,  thus, leading to the patient’s death. The ethical and legal dispute in Italy is part of a contemporary global debate on conscience clauses, euthanasia, assisted suicide, human rights, and the dignity of human life. Analyses have shown that healthcare professionals should be guaranteed the right, not to perform such medical procedures, which are contrary to their moral and religious convictions.
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spelling doaj-art-4e71fc4e4a604e72b7bd1464f51229e12025-02-02T03:46:27ZengUniwersytet Kardynała Stefana Wyszyńskiego w WarszawieStudia Ecologiae et Bioethicae1733-12182020-09-0118310.21697/seb.2020.18.3.05The Problem of the Conscience Clause of Healthcare Professionals in Italy in the Years 2017-2020Andrzej Kobyliński0Institute of Philosophy, Cardinal Stefan Wyszyński University in Warsaw,The main goal of the article is to analyse the key elements of the living will in Italy and present the dispute regarding the understanding of the conscience clause of healthcare professionals. In the country on the Tiber, a law on the living will was passed in 2017. A living will consists in the anticipatory expression of ‘will’, by an adult or legal guardian acting in full possession of their mental faculties, concerning the possible administration or discontinuation of certain medical therapies in the future. The conscience clause, on the other hand, means the right to refuse to take such actions, which a particular person considers to be contrary to their personal convictions. The Italian law on the living will does not contain a provision on the conscience clause. For this reason, an ethical and legal problem arose for healthcare professionals, who refused to comply with the wishes of their patients for moral or religious reasons, for example by discontinuing artificial hydration or nutrition,  thus, leading to the patient’s death. The ethical and legal dispute in Italy is part of a contemporary global debate on conscience clauses, euthanasia, assisted suicide, human rights, and the dignity of human life. Analyses have shown that healthcare professionals should be guaranteed the right, not to perform such medical procedures, which are contrary to their moral and religious convictions.https://czasopisma.uksw.edu.pl/index.php/seb/article/view/7123living willconscience clausehuman rightseuthanasiaassisted suicide
spellingShingle Andrzej Kobyliński
The Problem of the Conscience Clause of Healthcare Professionals in Italy in the Years 2017-2020
Studia Ecologiae et Bioethicae
living will
conscience clause
human rights
euthanasia
assisted suicide
title The Problem of the Conscience Clause of Healthcare Professionals in Italy in the Years 2017-2020
title_full The Problem of the Conscience Clause of Healthcare Professionals in Italy in the Years 2017-2020
title_fullStr The Problem of the Conscience Clause of Healthcare Professionals in Italy in the Years 2017-2020
title_full_unstemmed The Problem of the Conscience Clause of Healthcare Professionals in Italy in the Years 2017-2020
title_short The Problem of the Conscience Clause of Healthcare Professionals in Italy in the Years 2017-2020
title_sort problem of the conscience clause of healthcare professionals in italy in the years 2017 2020
topic living will
conscience clause
human rights
euthanasia
assisted suicide
url https://czasopisma.uksw.edu.pl/index.php/seb/article/view/7123
work_keys_str_mv AT andrzejkobylinski theproblemoftheconscienceclauseofhealthcareprofessionalsinitalyintheyears20172020
AT andrzejkobylinski problemoftheconscienceclauseofhealthcareprofessionalsinitalyintheyears20172020