Tuscany passes first regional a right-to-die law

Tuscany has officially become the first region in Italy to regulate medically assisted suicide. The Regional Council approved the law with 27 votes in favor from the Democratic Party (PD), Five Star Movement (M5S), Italia Viva, and the Mixed Group, while 13 votes against came from center-right parties. PD councilor Lucia De Robertis chose not to participate in the vote.

The State of Assisted Suicide in Italy

In Italy, medically assisted suicide remains a sensitive and controversial issue, primarily governed by evolving case law rather than a dedicated national law. As of now, there is no specific legislation regulating the practice, but various Constitutional Court rulings have set legal precedents allowing some exceptions.

The Current Legal Framework

Assisting suicide is a criminal offense under Article 580 of the Italian Penal Code, carrying severe penalties ranging from 5 to 12 years in prison. However, certain court rulings have introduced exceptions. One of the most significant is Constitutional Court Ruling No. 242/2019 (the Cappato-Dj Fabo Case). In 2019, the court ruled that assisting suicide is not punishable if the following four conditions are met:

1. The patient suffers from an irreversible medical condition.
2. They experience unbearable physical or psychological suffering.
3. Their life is sustained by life-support treatments.
4. They are fully capable of making free and informed decisions.

The "Liberi Subito" Law

Back to Tuscany. The newly approved law, titled "Liberi Subito" ("Immediately Free"), is the result of a petition with over 10,000 signatures, promoted by the Luca Coscioni Association. The legislation provides clear regulations for accessing medically assisted suicide, aligning with the 2019 Constitutional Court ruling. One of the key aspects is the establishment of a permanent multidisciplinary commission within each Local Health Authority (Azienda USL). This commission will assess whether a patient meets the requirements for assisted dying. The decision must be made within 20 days of the request, and if approved, the procedure must be defined within an additional 10 days.

Reactions and Controversy

Eugenio Giani, President of the Tuscany Region, emphasized the significance of this decision, calling it a strong signal for the country. He expressed hope that this move would encourage the Italian government to fill the legislative gap on end-of-life choices. The Luca Coscioni Association welcomed the law, calling it a civil rights milestone, while opposing organizations such as Pro Vita harshly criticized it, labeling it "barbaric and inhumane." Additionally, some far-right political figures have questioned the law's constitutional legitimacy, urging the government to challenge it in court. The debate remains open, but Tuscany has set a historic precedent in the Italian legal landscape on end-of-life decisions. Everyone should have the right to choose how they die.