Il problema della vulnerabilità nelle Raccomandazioni SIAARTI e nelle linee guida SIAARTI-SIMLA

SOMMARIO: 1. Introduzione - 2. La tutela della salute nell’emergenza sanitaria: le raccomandazioni e linee guida delle società scientifiche quali sintomi della crisi delle fonti del diritto - 3. Il concetto di vulnerabilità - 4. Le Raccomandazioni di etica clinica della SIAARTI del 6 marzo 2020: criticità - 5. Le linee guida SIAARTI-SIMLA: nulla di nuovo nelle scelte di triage – 6. Conclusioni. The problem of vulnerability in the SIAARTI Recommendations and in the SIAARTI-SIMLA guidelines ABSTRACT: During the health emergency from Covid-19 a situation of scarcity of health resources has been realized that has induced the SIAARTI to elaborate of the recommendations of clinical ethics. The latter are subject to multiple criticism because of the choice of criteria for allocation of resources because one of the criteria used is the chronological criteria. From this it was decided to analyze the condition of a category of vulnerable people, namely the elderly, during the health emergency. Subsequently, the position these subjects possess within the recommendations of clinical ethics of SIAARTI and the guidelines elaborated by SIAARTI and SIMLA was analyzed

Un sogno che affonda le radici nel mito: l’immortalità.Nota a RE JS (Disposal of Body) [2016] EWHC 2859 (FAM), [10]

SOMMARIO: 1. Introduzione - 2. La decisione dell’High Court of Family Division - 3. La crioconservazione: una nuova sfida per il diritto? - 4. Aspetti bioetici della crionica - 5. La soluzione si trova dove il sogno trova la propria origine: conclusioni. A Dream rooted in Myth: Immortality. Note a RE JS (Disposal of Body) [2016] EWHC 2859 (FAM), [10] ABSTRACT: This paper addresses the problem of cryonics through the analysis of a pronunciation of the High Court of Family Division. A first part is dedicated to the examination of the decision taken and then proceed to the analysis of the bioethical and biolaw issues that cryopreservation and neuropreservation pose. The aim is to introduce the biolaw debate in relation to the emergence of this new practice by highlighting the criticality of the same, such as, for example, that of not having adequate scientific basis. Given that the pursuit of immortality has its roots in Greek mythology, a possible solution could be to recall the warning that the same mythological narratives handed down

Human Empowerment between Ethics and Law

The aim of this work is to highlight the problems that human empowerment poses in the sports field. The phenomenon of sport doping is precisely analyzed as an expression of enhancement in the light of a biogiuridic and bioethical reflection. The question that animates all the digression essentially concerns the definition of doping and therefore whether the same depends on purely legal qualifications and classifications or whether it is a social and cultural phenomenon and therefore whether it is the cultural context of reference to define a given phenomenon, substance or practice as a dopant. To pursue this objective, it was decided to provide a first definition of human empowerment in order to delimit the field of investigation and then analyze only one of the different expressions of this phenomenon, doping precisely. Consequently, it was decided to provide a study of the doping phenomenon both from a legal and ethical point of view within the macro-context doping in sport

The Uber case and gig-individuals against the backdrop of the gig-economy: Dilemmas between labour law and techno-law

The “Uber workers” and, more in general, individuals deployed in the platforms, overall considered the “gig economy”, have already been the subject matter of multifarious dicta in Italy. However, not only are these court decisions contradictory with each other, but also they are quite nebulous in their underpinning reasoning. Furthermore, there are a few inconsistencies with entrenched principles of the Italian legal system, particularly in the area of labour law. By contract, across the “Channel”, the Uber workers have been “dissected”, from a legal perspective, in a very recent decision of the UK Supreme Court. On such a background, it is becoming vital to ascertain the legal characterisation of “gig individuals”, also in the light of a prospective EU legal framework where this new category could be legislated. Bearing this in mind, seemingly the imminent EU regulation will engender a challenging, yet stimulating, comparative analysis with the common law (and its traditional “tests” of the contract of employment), where it still arduous to envisage any legislation in this micro-area of labour law

Le scelte tragiche durante l’emergenza sanitaria: quando le risorse sono scarse, chi curare? Una riflessione comparatistica

The Tragic Choices during the Covid Health Emergency: When the Resources are Limited, Who Should be Cured First among Several Patients? A Comparative Law Analysis SOMMARIO: 1. Introduzione - 2. L’approccio italiano: le raccomandazioni di etica clinica della SIAARTI e le linee guida SIAARTI-SIMLA - 3. La gestione della scarsità di risorse sanitarie a livello comparato - 4. Considerazioni (finali) comparatistiche - 5. Uno sguardo verso il futuro. ABSTRACT: During the Covid-19 health emergency, a situation of scarcity of resources of different nature, albeit all somehow connected with the “medical world” (e.g. nurses and doctors), dramatically unfolded. This organisational “catch-22” induced the SIAARTI (the Italian Medical Society) to issue some recommendations of clinical ethics. The last ones turn out to be the subject matter of multiple criticisms: given the potential criteria of allocation of resources, one of those adopted the chronological one. Starting from this reflection, the paper discusses and analyses, from a comparative perspective, the approach taken by further countries: in this respect the demarcation lines existing between the Italian responses to the pandemic and those coming from other European - but not EU, namely Switzerland and the United Kingdom - countries will be highlighted