Thursday, February 5, 2009

Different Types Of Vegetative State

Englaro Case: Rodotà to go towards law unconstitutional

Eluana's story never seems to end. Were predictable expressions of dissent from some groups, are totally unjustifiable aggressive words, measure out from the political and continues to surprise and concern that government authorities, and I think the Minister Sacconi, continue to maintain Open an impermissible conflict with a decision of the judiciary. The conflict was reiterated by the majority of this in different locations - jurisdictional dispute before the Constitutional Court, declared ineligible, prohibition of the President of the Lombardy Region to public health institutions contracted, annulled by the measure tar Lombardy, note the address of the Minister Sacconi regions devoid of any foundation in law: in short, in all places and at all times the attitude of government and the majority were found to be unlawful by the various Courts, the Constitutional Court to Supreme Court (twice), the TAR of Lazio, and is now in place an institutional refusal to comply with a ruling of the judiciary. We arrived at the grotesque, were it not act in a tragedy, to request the immediate intervention of the government, perhaps with a decree, to prevent a res judicata could be performed.
A fact, as already required, unheard of in a democracy. This unacceptable conflict is proving to be a sort of rejection of constitutional legality. At this time the concerns related to this will just delaying what has become a violation of constitutional legality, and a lack of respect for fundamental human rights.
is being created, or you try to sow the seeds of a prohibitionist law and denies the fundamental right to govern their lives freely, what is that which has just begun the debate in Parliament. In the face of all this, the attitude is extraordinarily responsible Englaro family, her father, who has at no time wanted to exploit this incident, did not want to leverage any emotion, did not want to spread the photos of his daughter that would be far more eloquent than any speech on the situation in which it has not wanted to use the double or triple morale of the Italians in these situations, as some had suggested hypocritically, and how could he do for years, by closing this matter in silence, Eluana returning home. He has done and continues to do a great battle of civilizations that has changed the Italian political agenda, which makes Beppino Englaro - who has always wanted them to be institutions, the judiciary to decide, after the first ruling of the Supreme Court, that of 2007, said soberly, "we live in a state of law," all this makes a hero Beppino Englaro civil.
What surprises me now, before this split way of moving the government and the majority, is the silence of the opposition. A silence all the more unacceptable and disappointing as we are faced with trying to redefine the fundamental rights of the person really. I'm not a fan of polls as a guide for political action, and yet parties and people who are attentive to half a percentage point up or down to the liking of the Democratic Party and its secretary, turning his head away, in front of Surveys tell us that 79% of respondents from the Eluana and his father, that 83% believes that the Church should speak to the consciences and do not require behavior to lawmakers. So there is a political blindness right now, because even in a situation where the public support is so strong, the Democratic Party is paralyzed by its internal fringes.
I must say that I am struck by the attitude and the silence of Berlusconi, a man of polls, and then did not openly deployed in support of the majority of his extremism and his government. What strikes me is the attitude of Fini, who recognized that family members are having the last word at this time, and, indeed, by contrast, is this deafening silence opposition. I've written on other occasions, so that an opposition has no future. Of course, then there are also very active in political groups, and I think that the Radicals in this affair have maintained their line and their severity, and yet, the position of the parliamentary opposition - and I mean the Democratic Party, I think certainly all 'UDC - then threatens to have serious effects in terms of the law on living wills that now looms as a law not only restored, but as a law that takes away what people already have, because there is a legal vacuum As we have said in recent days, indeed, is full of rules that the Court of Cassation identified and used to recognize Eluana his rights, and constitutional provisions are, in principle, which, of course, may require an adjustment to the concrete situation, but can not deny the substance of the law is already there. In this sense there is a legal gap, Umberto Veronesi is right when he says that we are moving towards a law unconstitutional, because I would like to recall once again that Article 32 of the Constitution ends with these words: "The law In no case violate the limits imposed by respect for human .
We are in exactly this situation. The law should recognize the right of everyone to freely govern their lives and I have great fears that the fear of too many parliamentary bring us to a result very little respect for the rights of people and their very humanity.

Stefano Rodota

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