19. Guest speaker
Friday, 4 March 2022 11:47
3 cases…
Problems:
1. Do the person involved have any right that the 3rd party doesn't interfere with their
persons?
○ If they do, can you do anything about it?
2. Can the person involved consent? Are they allowed to consent? Can they ask
something in return? If you give consent, then, can you change your mind?
Case 1 -blood donation case
Answers to the questions:
A) No
—> Personality rights:
○ right to bodily integrity (right on your body and that no one interferes)
○ Right to life
—> remedies:
○ Injunction
○ Damages
—> up to what limit can I give my consent?
Italian civil code
Art. 5 Acts of blood disposition of one’s body - acts of disposition of ones’ body
which cause permanent impairment of one’s physical integrity or other otherwise
contrary to law, public policy, or morals, are forbidden
Ex. Blood donation, piercings, kidney donation, surrogate mothers (not permanent
but against morals).
Death is the worst outcome - can I induce my death? —> balance between right to
life and freedom of getting treatment
a. Illness will naturally lead me to death, medications will stop this curse —> if I
don’t want to be treated I can refuse treatment (no one can force treatment
on me)
b. The illness is leading me to death but I want to accelerate the process —> I
actively do something —> euthanasia (ex. Constitutional court proposed: yes
to euthanasia only if the purpose is to eliminate pain, since you are going to
die anyway. Only in public hospitals—> strict limits)
Ex. Can I use my body for financial purposes?
Eu Law
Art. 3 Right to the integrity of the person —> the body must stay out of the
market—> everyone can receive proper care conditions regardless their social status
What it pharmaceutical industries uses organic tissue, belonged to someone
Friday, 4 March 2022 11:47
3 cases…
Problems:
1. Do the person involved have any right that the 3rd party doesn't interfere with their
persons?
○ If they do, can you do anything about it?
2. Can the person involved consent? Are they allowed to consent? Can they ask
something in return? If you give consent, then, can you change your mind?
Case 1 -blood donation case
Answers to the questions:
A) No
—> Personality rights:
○ right to bodily integrity (right on your body and that no one interferes)
○ Right to life
—> remedies:
○ Injunction
○ Damages
—> up to what limit can I give my consent?
Italian civil code
Art. 5 Acts of blood disposition of one’s body - acts of disposition of ones’ body
which cause permanent impairment of one’s physical integrity or other otherwise
contrary to law, public policy, or morals, are forbidden
Ex. Blood donation, piercings, kidney donation, surrogate mothers (not permanent
but against morals).
Death is the worst outcome - can I induce my death? —> balance between right to
life and freedom of getting treatment
a. Illness will naturally lead me to death, medications will stop this curse —> if I
don’t want to be treated I can refuse treatment (no one can force treatment
on me)
b. The illness is leading me to death but I want to accelerate the process —> I
actively do something —> euthanasia (ex. Constitutional court proposed: yes
to euthanasia only if the purpose is to eliminate pain, since you are going to
die anyway. Only in public hospitals—> strict limits)
Ex. Can I use my body for financial purposes?
Eu Law
Art. 3 Right to the integrity of the person —> the body must stay out of the
market—> everyone can receive proper care conditions regardless their social status
What it pharmaceutical industries uses organic tissue, belonged to someone
