Body donation in Italy and the issue of consent: Operational suggestions

Body donation in Italy and the issue of consent: Operational suggestions
Gianluca Montanari Vergallo, Vittoria Masotti, EnricoMarinelli
Legal Medicine, February 2023; 60
Abstract
The authors aimed to analyze the Italian law of 10 February 2020, n. 10, which governs the post mortem donation of one’s body and tissues for training, educational and scientific research purposes. The different models of consent set forth in this set of norms are discussed, reaching the conclusion that the most suitable option for balancing the interests at stake is the one that authorizes all uses of the body for the sole purposes expressly permitted by the donor. After briefly laying out the current legislation on the subject, particularly regarding the ways of expressing consent, the authors highlight how the legislation enacted by Italian lawmakers is meant to codify the absolute preeminence to the donor’s right to self-determination.