Novembre Dicembre 2018

Laws regulating transplantation should express the contemporaneity. Questions to the constitutionalist Francesco Paolo Casavola and to the philosophers Remo Bodei and Aldo Masullo about the possibility deciding the destiny of one’s own organs at the time one decides on how to die and on contacts between donor families and recipients.


Transplantation represents modernity thus the laws regulating the procedure should be continuously renovated and remodeled in order to take full advantage of progress. The debate is about Law no. 219, December 22, 2017 and on Law no. 222, April 1, 1999. The quests are a). about the possibility to modify the first so that people deciding on how they want to die, may also decide about their willingness to allow the removal of their organs for transplantation and b). the possibility for donor families and recipients to have contacts after transplantation in the case both sides agree. Questions were emailed to the constitutionalist Francesco Paolo Casavola, immediate Past President of the National Committee for Bioethics, and to the philosophers Remo Bodei and Aldo Masullo. Their answers received by September 16, support the idea a). to include in the Law no. 219, 2017 the possibility to decide not only on the modality one wants to die but also on the possibility to allow his own organs to be removed for transplantation and b). to liberalize contacts between donor families and recipients when both side agree. For both changes there is enough evidence of their feasibility-necessity. The answers related to contacts between donor families and recipients support the decision of the National Committee for Bioethics on September 27, 2018. Professor Casavola also suggests that contacts should organized and supervised by the ethical committees of the hospitals where the transplantation procedure is accomplished.

KEY WORDS: Laws on transplantation, Laws on transplantation and contemporaneity, Law on end of life care (no. 219, 2017), Law negating the possibility of contacts between donor families and organ recipients (no. 222, 1999)

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Il professore Francesco Paolo Casavola, Presidente Emerito della Corte Costituzionale, parlando nel 2014 a Sopravvivere Non Basta, ha dichiarato: “Il trapianto rappresenta la modernità e, pertanto, le leggi che lo regolano dovrebbero essere riviste frequentemente in modo da prendersi tutti i vantaggi che emergono nella modernità” (1).


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