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The Eluana Englaro case

The First Court of Appeals of Milan acknowledged the constitutional right of Eluana Englaro to interrupt the medical care that has kept her in a permanent vegetative state for the last 16 years. Eluana's father was authorized to interrupt the treatment of intravenous feeding and hydration. Following this sentence the Italian Senate opened the procedure to affirm that the Court, in its decision, entered a field that pertains instead to Parliament. "In reality – Erika Tomassone, member of the Waldensian and Methodist Bio-ethic Commission, stated in an editorial - the Court did nothing more than its duty of responding to a case of justice. The legislative power of the Parliament, and therefore of the Senate, has for years come short of its duty to establish a law which would regulate questions pertaining to the end of life.

Certainly – Tomassone continued - this is a very delicate subject to deal with that requires a serious scientific approach, respect for Article 32 of the Italian Constitution, independence and sovereignty with respect to ethical positions based on religious choices, choices that must be made freely and never become an imposition on the entire society. What has been lacking in Italy is a law, like in any State that establishes the rights of its citizens, to regulate the actions of its citizens whatever be their particular ethical orientation. Rather than censure the courts, Parliament, in both its branches, must seriously create a law, not on the wave of the "Englaro case", but respectful of citizens who, in good health and sound mind, can express their wishes regarding ‘a therapeutic pact’ or ‘living will’ in which they are fully aware of all consequences. If such a law existed there would not have been any need to turn to the courts in the first place. From what I could consult, there is no conflict among family members (as in the case of Terry Schiavo) or any evidence that the family was just tired of going on with the treatments for their daughter, or superficiality in evaluating her permanent state of vegetation. What is in play is the right of persons to express their own will in situations dealing with the end of life in relationship to eventual therapy that could be chosen or refused. This is the real knot in the Italian legislature, but also in the public health services. Why is there so much fear of individual responsibility? No State can eliminate from my life the ethical dilemma, and if it thinks it can pretend to do so, it is going against nature and makes of its citizens subjects and not free individuals. Maybe it's because with the word freedom there is associated the concept of free will? The word freedom is connected rather to the word responsibility, to take charge of your own life. My hope is that all those who use the courageous and suffered situation of the Englaro family for their own ideological and political ends take a step back, because the questions in play cannot become objects of ideological battles. They must remain a serious legislative task", Tomassone ended.

The Bio-ethic Commission of the Waldensian and Methodist Churches expressed solidarity with the Englaro family and reaffirmed its position in favor of freedom of choice, which implies always the freedom of refusing therapy. "As Christians - stated the communiqué of the Commission - we feel that it is necessary to look at the living persons and their suffering, that this cannot be forgotten in the name of universal principles or abstractions, nor can anyone be subordinated to any generalized norm held valid because of presumed 'natural law'. We believe in fact that the heart of Christian ethics must be the attention toward persons in their inalienable right to individuality, often suffered and sometimes, as in the case of Eluana, downright tragic. From here it follows, we believe, an idea of medicine as therapy offered to persons capable of self-determination and able to decide their own fate. The freedom of the individual should not be looked at with suspicion and identified with arbitrarity. For this reason and in conformity with the position expressed by the Synod 2007 of the Waldensian Church, as a Bio-ethic Commission we solicit Parliament to approve a law giving directives concerning the end of life."

Domenico Maselli, President of the FCEI, commenting on a video concerning a living will taped by Paolo Ravasin, afflicted with SLA (Amitotic lateral sclerosis), stated: "the living will of Ravasin is extremely important at this time because it is aimed at provoking the lawmakers into giving life to living wills and to create awareness to the problem of the cessation of therapy. As Christians we are convinced that we should not decide on the length of life and above all, that we must realize the promise of Jesus: to have life in abundance. Do we think perhaps that our heavenly Father offers after death an existence worse than that given to us by a machine?"

From press service NEV - Notizie evangeliche, 31 August 2008

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