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Eluana Englaro

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Eluana Englaro, (November 25, 1970 in Lecco – February 9, 2009 in Udine), was an Italian woman who entered persistent vegetative state on January 18, 1992, following a car accident, and subsequently became the focus of a court battle between supporters and opponents of euthanasia. After Englaro had been maintained on artifical life support for seventeen years, her father requested to have her feeding tube removed and to allow her to die, stating that she "has clearly expressed the wish to die in the case of an accident leaving her in a coma or a vegetative state". The authorities initially refused his request, but this decision was, much later, reversed.

Trial

The case was debated in court and the father's request was denied both in December 1999 by the Milan Court of Appeal and in April 2005 by the Court of Cassation. A request for a new trial was granted by the Court of Cassation on October 16, 2007.[1][2] The Vatican harshly criticized the court's decision.[3][4][5]

The Milan Court of Appeal declared on July 9, 2008 that Eluana's father and legal guardian Beppino Englaro was allowed to suspend feeding and hydration.[6][7]

Nuns caring for Eluana since 1994 in Lecco were willing to continue doing so, so her father decided to move her to another hospital in order to have her feeding suspended. Public opinion split on the Court of appeal's decision, some demonstrated in favour, including Radicali Italiani.[8]

In July 2008, the Italian Parliament brought a jurisdictional conflict before the Final Court of Appeal, stating that the decision was actually changing existing laws.[9] This request was rejected by the Court.

Beppino Englaro in one of his rare public appearances, stated that, although he was then legally entitled to suspend the feeding of his daughter, he was not willing to proceed until all appeals were concluded.

On November 13, 2008, Italy's highest court awarded Eluana's father the right to stop his daughter from being fed.[10] The court's decision met with immediate criticism from the Roman Catholic Church. Ennio Cardinal Antonelli, president of the Pontifical Council for the Family, stated: "Eluana is in a 'vegetative state,' but she is not a vegetable. She is a person who is sleeping. The person, even when she is sleeping or disabled, retains all of her dignity. The individual has value per se, not for what he or she may produce or consume, or for the pleasure or satisfaction he or she gives to others."[11]

In February 2009, she was moved to a private hospital in Udine, Italy, where a medical team assisted her during her final days.[12] On February 6, 2009, Prime Minister Silvio Berlusconi issued a decree that would have forced the continuation of the treatment of Eluana,[13] and thrust Italy into a constitutional crisis when the President of the Republic refused to sign the decree.[14] Stating that, "This is murder. I would be failing to save her. I'm not a Pontius Pilate", Berlusconi went on to defend his decision by claiming that she was "capable of having babies". These remarks have been described as "shocking" by the Italian media.[15]

She died at 19:35 (GMT+1) on 9 February 2009,[16] after being in a vegetative state for 17 years.[17]

Opinion and reaction

The reaction to Englaro's death was mixed. Rome's conservative mayor, Gianni Alemanno, announced the Colosseum would be lit all night on February 10 to memorialize "a life that could have and should have been saved."[18] Opponents of the withdrawal of life support demanded an autopsy. "This sudden death, when just this morning the experts said her conditions were stable, is perplexing," said Gianluigi Gigli, a neurologist who had supported continuing Englaro's care.[19]

In the United States, conservative bioethicist Wesley J. Smith criticized the events leading to Englaro's death as falsely suggesting that the withdrawal of nutrition and hydration is benign.[20] In contrast, liberal bioethicist Jacob Appel said that "mercy delayed is mercy denied" and expressed his regret that Englaro's family had to wait seventeen years to effectuate her wishes.[21]

In Great Britain, Alison Davis, a spokeswoman for the pro-life group "No Less Human" had championed the cause of keeping Englaro on life support, even in a persistent vegetable state. Davis recently wrote, "The tragedy behind the whole case, however, is that Eluana's life continues to hang in the balance, and that her father continues to want her killed by dehydration to death." She urged more people in the medical community to speak out.[22]

See also

References

  1. ^ "Italy's 'right to die' case gets new trial". United Press International. 10-16-2007. {{cite web}}: Check date values in: |date= (help)
  2. ^ Template:It"La Cassazione: 'Eluana Englaro ha diritto di morire'". La Repubblica. 10-17-2007. {{cite web}}: Check date values in: |date= (help)
  3. ^ Template:It "Eluana, il Vaticano: 'Sentenza inaccettabile'". Il Messaggero. 10-20-2007. {{cite web}}: Check date values in: |date= (help)
  4. ^ Template:It"Eluana Englaro si è spenta. Beppino in lacrime, liti in Senato".
  5. ^ "Italian court rules woman's feeding tube must stay". The San Diego Union-Tribune. 04-20-2005. {{cite web}}: Check date values in: |date= (help)
  6. ^ Template:It "Sentenza Corte d'Appello su Eluana Englaro" (PDF). Corriere.
  7. ^ Template:It "Eluana Englaro, sì del giudice "Interrompere l'alimentazione"". La Repubblica.
  8. ^ Template:It"Eluana: Radicali, veglia domenica davanti al Duomo di Torino".
  9. ^ Template:It"Excerpt of the majority report of the Constitutional Affairs Committee". July 2008.
  10. ^ "Italy man wins life support plea". BBC News.
  11. ^ "Vatican cardinal pleads for life of Italian 'Terri Schiavo'".
  12. ^ "Italian woman moved to hospital where she can die". AP.
  13. ^ Template:It"Governo Italiano, Consiglio dei Ministri n.35". 06-02-2009. {{cite web}}: Check date values in: |date= (help)
  14. ^ Template:It"Presidenza della Repubblica Italiana, Comunicato del". 06-02-2009. {{cite web}}: Check date values in: |date= (help)
  15. ^ "Italy faces constitutional crisis over coma woman". Guardian. 02-08-2009. {{cite web}}: Check date values in: |date= (help)
  16. ^ Template:It"Ieri sera l'addio ad Eluana Il padre: Ora voglio stare solo". La Repubblica. 02-10-2009. {{cite web}}: Check date values in: |date= (help)
  17. ^ NY Times http://www.nytimes.com/2009/02/10/world/europe/10italy.html
  18. ^ Winfield, Nicole. Italian woman in right-to-die debate dies. http://www.google.com/hostednews/ap/article/ALeqM5hrTN5x6KYdl2laMpTTGIeEKMtTxgD968B1080
  19. ^ Associated Press, Feb 9, 2009
  20. ^ http://www.wesleyjsmith.com/blog/2009/02/eluana-englaro-dehydration-begins.html
  21. ^ Englaro Death http://www.bioethics.com
  22. ^ Hundreds of Doctors Speak Out for Eluana Englaro, Father Still Wants Her Dead http://www.lifenews.com
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