The case of Eluana Englaro, who died suddenly on February 10, just as the
country’s religious and political leaders were fighting for emergency
legislation that would decide her fate continues to divide the country.
Although Englaro passed away just
three days after her food and water were stopped, her story has left a mark on
the country. Fueled by religious and ethical issues, the right-to-die case
created a rift between institutional powers. Premier Silvio Berlusconi’s
centre-right government was about to pass emergency legislation to force
doctors to continue Englaro’s artificial nutrition. Such a decree, however,
would violate the fundamental rights stated in the Italian constitution, as
stated by Italy’s supreme court in November 2008. The high court allowed the
removal of the feeding tube based on Englaro’s ‘verbal’ wishes expressed before
the accident that left her in a permanent vegetative state.
Politicians and religious leaders
are now debating what kind of law is needed to avoid this situation in the
future. The constitutional validity of a ‘living will’, through which
individuals can specify their wishes should they be in a persistent vegetative
state or similarly incapacitated, is currently under discussion.
