JOURNAL: Fundamental Rights. Rivista di studi giuridici, storici e antropologici (II, 2022/1). OPEN ACCESS

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ARTICLES

1. Antonella PIGA, Diverse interpretazioni della deontologia medica e diritti dei singoli, alla fine della vita;

The Hippocratic oath clearly states: «I will not give a lethal drug to anyone if I am asked». Recent advances in the biomedical sciences, however, have transformed the process of dying so that doctors are now asked to help sick people who wish to escape «from an artificial maintenance in life that is no longer wanted». After the sentence of the Constitutional Court on medically assisted suicide, the National Federation of the Orders of Doctors modified the Code of Medical Ethics by introducing a «guidance to the application» to the article on «Acts aimed at causing death». The study aims to focus on the ‘compromise’ between two antithetical ways of understanding professional ethics, which risks negatively affecting the rights of the sick

2. Massimo PARODI, Globalizzazione e Città di Dio. Ricerca dell’assoluto per i diritti umani;

Two recent proposals to guarantee a universal value to fundamental rights come from very different sides. Luigi Ferrajoli, from a secular point of view, advances the hypothesis of a Constitution for the whole Earth, while Pope Francis identifies in brotherhood the possibility of recognizing common rights to all men. Both, however, arrive to the question of foundations and converge in the search for an absolute capable of justifying their different proposals.

3. Agostina LATINO, Brevi riflessioni sulla natura giuridica del diritto alla verità;

This essay focuses on the right to truth as a specific guarantee of the human person, characterized by a dimension that is both individual and collective, especially in the context of transitional justice, through a normative analysis that highlights its development in three phases (at first exclusively in the framework of international humanitarian law, then circumscribed to the context of enforced disappearances, today applicable in any case of gross violation) and the decisions of international courts and human rights control mechanisms. The purpose is to highlight how the right to truth, far from constituting an aspiration more ethical than legal or a mere explication of pre-existing rights already established, can, if crystallized, serve the pursuit of its own objectives, difficult to achieve in its absence.

4. Maria Lucia DI BITONTO, I ‘doveri di solidarietà’ declinati dal codice di procedura penale: la testimonianza;

The other side of fundamental rights which have to be granted in criminal proceedings concerns those obligations imposed on anyone who is able to give any evidence in a trial. The necessity to discover and trial people who committed a crime pushes legal systems to establish specific rules aimed at punishing people who refused to give evidence or lied on the stand. Because of this, the Italian Code of Criminal procedure imposes some obligations on everyone who has been called to give evidence as a witness.

5. Carlotta LATINI, “Una solidarietà latente d’interessi”. Stato, solidarietà e funzione sociale dell’impresa tra Otto e Novecento.

Starting with an examination of the social question and its repercussions, the essay discusses, in the light of the boundaries between commercial law and private law, the entry of the social into the sphere of commercial law and the Commercial Code.

READINGS

6. Marvin MESSINETTI, C. Latini, Alle origini del diritto di asilo. Una prospettiva storica, G. Giappichelli Editore, Torino, 2022.

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