The Concept of “Person” in the Italian Legislation on Informed Consent and Advance Healthcare Directives

The Concept of “Person” in the Italian Legislation on Informed Consent and Advance Healthcare Directives
Matteo Cresti
International Journal for the Semiotics of Law, 10 February 2021
Open Access
Abstract
The aim of the paper is that of investigating the concept of “person” in the context of Italian law on informed consent and advance healthcare directives (law n. 219/2017). The following paper will first consider the importance of the concept of “person” within bioethics; secondly it will exhibit how there are different levels of bioethics, and that on the discussion level of laws and regulations, concepts worthy of metaphysical and value references cannot be used, because they must be shared by everyone in a pluralistic society. I’ll then move on to discuss the law on informed consent and advance healthcare directives; first I’ll discuss the references to the Italian Constitution, showing that the implied concept of “person” is closely linked to the concepts of “equality” and “autonomy”, and finally I’ll discuss the particular case of minors and the protection that the law provides them.

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