Italy’s Constitutional Court has dismissed as inadmissible a legal challenge concerning the case of Libera, a 55-year-old Tuscan woman with total paralysis who cannot self-administer lethal medication for assisted suicide. The Court ruled that the Florence Tribunal lacked sufficient justification regarding the availability of self-administration devices before referring the case.
The judges mandated identifying suitable medical devices enabling individuals incapable of self-administration, like Libera, to access assisted suicide. Libera (a pseudonym), followed by the Coscioni Association, seeks to end her suffering with medical assistance. The local health authority (ASL Toscana Nord Ovest) confirmed she meets all legal requirements for medically assisted suicide but found no market-available devices suitable for someone with her condition – complete paralysis from the neck down, swallowing difficulties, and full dependence on caregivers.
Libera refused deep sedation, wishing to remain conscious. Consequently, she filed an urgent appeal with the Florence Tribunal requesting her trusted physician administer the lethal drug. In April, the tribunal questioned the constitutionality of Article 579 of the penal code, which imposes up to 15 years imprisonment for “causing the death of a consenting person”.
The Constitutional Court ruled the Florence Tribunal should have consulted central specialized bodies, like the Higher Institute of Health (ISS), *before* referring the case, to verify device availability nationally. “We will urgently return to the Florence Tribunal seeking the national verification the Court urged, hoping for a swift and positive conclusion,” stated Filomena Gallo, secretary of the Coscioni Association, noting the decision highlights the National Health Service’s role in end-of-life care.
Constitutional law expert Stefano Ceccanti concurred: “The Court reiterates to Parliament that excluding the National Health Service from safeguarding this legal right would be illegitimate.” The government majority, represented by Senator Ignazio Zullo (Fratelli d’Italia), claimed the ruling “blocks opposition attempts to introduce euthanasia in Italy.” The opposition, led by the PD, countered that it “ends debate and any doubt about the National Health Service’s role.”
“The political consequence,” explained PD Senate leader Francesco Boccia, “is that the end-of-life bill, set for Senate debate in September, must be amended.” Angelo Bonelli (Avs) added the Court’s dismissal “again underscores the Meloni government’s grave responsibility.”
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