This book presents the results of a 2-year interdisciplinary research project on the
subject “Legal and ethical questions raised by advance care decision making in
Germany and Italy: a comparative, European and international law perspective”,
which was approved and financed by the German Academic Exchange Service
(DAAD) and the Italian Ministry for Education, University and Research (MIUR)
in the framework of the Vigoni Program 2010. This joint endeavour was an
initiative of Prof. Dr. Stefania Negri, director of the Observatory on Human Rights:
Bioethics, Health, Environment of the University of Salerno. Prof. Dr. Jochen
Taupitz, managing director of the Institute for German, European and International
Medical Law, Public Health Law and Bioethics (IMGB) of the Universities of
Heidelberg and Mannheim, gladly accepted her invitation to join the project.
The project brought together German and Italian academics from different fields
and backgrounds and was conceived in a period when the debate on end-of-life care
and advance directives regulation was particularly lively across Europe and exceptionally
topical both in Germany and in Italy. In fact, acceptability and regulation of
end-of-life decisions and permissibility of different forms of euthanasia have
recently experienced an increasing attention from the scientific community in
many European countries. An animated discussion on these topics has thus taken
shape in ethical and legal literature, as well as in medical practice. This has also
triggered a very emotional reflection on the patients’ right to refuse or discontinue
life-sustaining or life-prolonging efforts as part of their right to informed consent
and self-determination (including the highly controversial right to die with dignity).
In this context, several countries have passed legislation aimed at regulating
individual choices by way of health care advance directives.