Case Dj Fabo, Consulta: "Assisted suicide, Parliament adopts a new law within a year"

"Parliament intervenes on badisted suicide, makes a law within a year, the current has gaps in protection". This is what the Constitutional Court has clearly asked, postponing to September the decision on the Marco Cappato case, accused of helping Dj Fabo to die by taking him to Switzerland. A kind of ultimatum to politics, too often absent, before intervening directly as before in the past on ethical issues.

"The Court – says Marco Cappato, of the Coscioni Association – has acknowledged our reasons and has given a year to Parliament to do what we have been asking for 5 years.This is an extraordinary result, thanks to the courage of Fabiano Antoniani and I am convinced that Carmen and Valeria have given me for my action in matters of civil disobedience.Parliament has paved the way for finally addressing the problem and discussing our project of popular initiative in Legal euthanasia, as it happens in Parliament, not to mention that in the government contract, they committed themselves to discussing the laws of popular initiative and the one on the. euthanasia ".

The President of the Chamber Roberto Fico, M5Stelle, immediately issued an invitation: "The decision of the Consulta is an important opportunity for the Parliament.It is more than ever necessary to open the debate on a sensitive subject, at subject of which attention and sensitivity The policy addresses the theme of euthanasia ".

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"At that moment, I felt bad," said Valo Imbrogno Fabo's girlfriend – it seemed to me yet another postponement … And it's painful for those who like me have lived all the years of sickness next door of Fabo, know that we still have to wait for clarity, But I am an ordinary citizen, my time is different from that of politics, I only hope that this time the parties really move without losing time to meet the needs of ordinary people, people who suffer, who lived Fabiano, because no one should emigrate in secret to leave with dignity ". To date, more than 650 people have asked for help, information in Coscioni to go to die in Switzerland, where badisted suicide is legal.

But put things in order: the communiqué of the Consulta, arrived after a day of debate, notes that "the current regulatory framework in terms of end of life leaves some situations constitutionally worthy of protection and unbalanced with other property constitutionally relevant ". And to allow Parliament to intervene with the appropriate discipline, the Court decided to postpone consideration of the question of the constitutionality of Article 580 of the Criminal Code to the hearing of the 24 September 2019.

The story arrived in the audience hall is that of Fabiano Antoniani, who became tetraplegic, blind and unable to provide for himself after an accident. In February 2017, he decided to resort to badisted suicide. Marco Cappato, representative of the radicals and the Luca Coscioni badociation, accompanied him to a Swiss clinic and then self-declared.

For this reason, he was tried in Milan, where the judges, after acquitting of the incitement to suicide, requested the opinion of the consultation on Article 580, approved during the fascist regime, which speaks of instigation and aid to sucking, considering insufficient, no longer suits to protect in a balanced way the different interests and rights to self-determination.
"The Constitutional Court – commented Milan deputy prosecutor, Tiziana Siciliano – seems to fully confirm the badessments of Milan prosecutors who emphasized that the legislation in force does not allow a fair balance of interests protected by the Constitution."

In their order, the Milan judges actually reviewed the cases of the Welby and Englaro cases, the judgments of the European Court of Human Rights on the end of life, the law on biotestamento, which have gradually adjusted the scope of rights this area. By somehow asking to destroy a wall built around the "right to end one's own existence" as "freedom of the person".

Lawyer Filomena Gallo, defender of Marco Cappato in front of the Consulta and secretary of the Luca Coscioni badociation, also speaks of "historic decision". "The Constitution – says Gallo – has triumphed over the paternalistic requirements of the fascist penal code and the serious inertia of the legislator, who, despite the various demands, has never been determined to regulate the problem of physician-badisted suicide. ".

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Mario Calabresi
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