Law and Life: dignity in living and dying between informed consent, advance treatment provisions and the ordinance n.207 of 2018 of the Constitutional Court

On Friday 5 April (15: 30-19: 00, Master Classroom, 1st floor) the Group of Neurobioethics, coordinated by our Chair fellow Fr. Alberto Carrara, L.C., is organizing an interdisciplinary dialogue entitled: Law and Life: dignity in living and dying between informed consent, advance treatment provisions and the ordinance n.207 of 2018 of the Constitutional Court. The speakers are: Avv. Emanuela Cerasella, Avv. Tania Cerasella, Dr. Francesco Ognibene, Dr. Suor Costanza Galli, Prof. Giuseppe Noia and Dr. Angelo Mainini.

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Program

15:30

Greetings from the Academic Authorities

Presentation

Prof. Father Alberto Carrara, L.C.

(Coordinator GdN, Corresponding Member of the Pontifical Academy for Life)

4:00 pm

Coordinates and introduces legal issues

Avv. Emanuela Cerasella

(Lawyer of the Court of Rome, patron of the Supreme Court of Cassation and other superior jurisdictions; coordinator of the neuro-law research and subgroup of the GdN)

16:30

“The sacredness of the good life and the centrality of the constitutional triad: life, person and dignity in the anticipated treatment provisions. Communication at the heart of DAT. Which legal institute recognize in the DAT? “

Avv. Tania Cerasella

(Advocate for the Court of Rome before the Supreme Court of Cassation and other higher jurisdictions, member of the GdN)

17:00

“Media: questions of life and death”

Dr. Francesco Ognibene

(Editor-in-chief of Avvenire, Coordinator of the weekly “E ‘Vita” insert)

17:30

“Palliative care as an antidote to euthanasia and therapeutic obstinacy, in the light of law n. 219/2017 “

Dr. Suor Costanza Galli

(Director of the complex palliative care unit – Tuscany North / West company)

18:00

“The boundaries of life in curing the incurables: always taking care of”

Prof. Giuseppe Noia

(Director, Perinatal Hospice – Center for Prenatal Palliative Care – S. Mother Teresa of Calcutta – Gemelli Hospital, Rome; President of the Heart Foundation in a Goccia-Onlus; President AIGOC)

18:30

“Born to live and born to die, the experience of care and assistance to people with advanced disease”

Dr. Angelo Mainini

(Health Director of the “Maddalena Grassi Foundation” in Milan)

19:00 Conclusions

Dr. Francesco Ognibene

Buffet

i-CONSENT Workshop with IBC members

On January 31st the i-CONSENT Consortium will gather in Rome to provide an overview of main findings of i-CONSENT Project and to discuss comments elaborated by IBC members. The Consortium will also identify any gap in i-CONSENT work and suggest actions to improve strategies aimed at increasing participation of human subjects from multicultural backgrounds in clinical trials.

UNESCO Chair Director, Prof. Alberto Garcia will analyze Informed Consent from a multicultural and interreligious perspective.

Follow this link to read the program.  

Expected participants from UNESCO IBC and Università degli Studi di Roma “Tor Vergata” :

Stefano Semplici Università degli Studi di Roma “Tor Vergata”
Johannes JM van Delden UNESCO IBC
Dafna Feinholz UNESCO IBC
Derrick Aarons UNESCO IBC
Pamela Andanda UNESCO IBC
Dirceu Bartolomeu Greco UNESCO IBC
Richard Magnus UNESCO IBC
Federico Jääskeläinen Montalvo UNESCO IBC
Evariste Likinda UNESCO IBC
Marie-Genevieve Pinsart UNESCO IBC
Lizbeth Sagols Sales UNESCO IBC
Delia Maria Sanchez Varela UNESCO IBC
Yuthavong Yongyuth UNESCO IBC
Paulina Tindana UNESCO IBC

The Concept of Person in the Jurisprudence of the Constitutional Court

On December 14th, Prof. Alberto Garcia, our Director, in quality of member of the evaluation commission of the research work in the Faculty of Law of the Complutense University of Madrid, took part in Lorena Velasco Guerrero’ presentation of her 1100-page dissertation on “The concept of person in the Jurisprudence of the Constitutional Court.” She analyzed 36 years of resolutions of the Spanish Supreme Court on the concept of person, a fundamental concept in bioethical issues.

In the conclusion Lorena Velasco Guerrero claims that “the person is affirmed as a living being. Life that constitutionally has to be understood as a path that begins with gestation and ends with death, in which qualitative changes of a somatic and psychic nature take place, due to the physical and a moral —or psychological— dimension that composed the person in “psychosomatic unity”. The person is sexed. Depending on their sex, their biological reality, it can be one of two genders of the human species: male or female. In addition to biological sex, the sexual orientation and sexual identity are considered in the decisions of the High Court.”

She also emphasizes that “The lack of conceptualization and the equivocality in the use of the terms of close significance makes it difficult to clearly determine the reference to the person by any of them. It has to be taken into consideration that, although generally
speaking human being means person, due to the present legislation, only born human beings are persons and only viable individuals are human beings. The term individual might refer both to the person or to the citizen. Citizen generally refer to the individual physical person, although sometimes it include legal persons. Finally, while the term nobody might refer to person, the term all would not refer to every person but to every human being, including the nasciturus – although this express indication is not applied by the TC in the interpretation of the entire article.”

Prof. Alberto Gracia underlines how was interesting that “since the term person has been constitutionalized, it necessarily becomes the subject of constitutional interpretation —the Constitution, after all, does not say anything more or less than what the Constitutional Court says it says—. The multiplicity of interpretative criteria and the absence of justification in their election entails a constitutional voluntarism, a breach of the principle of legal security. Insecurity that is aggravated by the denial of any unavailable elements. There
is nothing, not even the concept of person, that cannot be changed.”

Follow thin link to read the conclucions

Meeting of the “BIOETICA Y BIOESTETICA” Group of Study

PROGRAM OF THE MEETING

OF THE “BIOETICA Y BIOESTETICA” GROUP OF STUDY (GBE)

AND OF THE “INTERNATIONAL NETWORK OF BIOETHICS, AESTHETICS, TECHNOLOGY AND BIOLAW”

 

TOPIC:

“Phenomenology of the aesthetic experience and its influence on human behavior and virtue”

OBJECTIVES OF THE MEETING:

  • Share moments of coexistence among GBE members.
  • Report the GBE’s progress during the year 2017 (activities, new members and publications).
  • Set objectives and common actions that we agree for 2018.
  • And above all … listen and talk about a topic of interest (the aesthetic experience) that can illuminate and provoke our vision on the subject and its impact on bioethics, as well as to inspire one or several future publications of the members as part of the GBE.

PROGRAM OF THE DAY

10:00 Welcome Presentation “The aesthetic experience”. Prof. FRANCISCO BUENO

10:45 Questions and answers.

11:00 Discussion and reflections on the aesthetic experience that can inspire and illuminate the elaboration of a future essay in which each one of the members of the GBE will explore, from their perspective and area of ​​interest, the theme of the meeting. Possibly some of the members can share, also, their essay that will be published in the book “Essays on Bioesthetics”

11:30 Coffee

12:00 Discussion and reflections (continued)

13:15 Progress report on GBE’s work. Prof. ALBERTO GARCÍA GÓMEZ and Prof. JAVIER BARRACA MAIRAL

13:45 Conclusions and joint work proposal

14:00 Lunch at the UFV

 

Read the program in Spanish 

Lecturer: Prof. Stefano Mazzoleni from The BioRobotics Institute of Sant’Anna School of Advanced Studies, Pisa

By Giulia Bovassi –

Gruppo di Ricerca interdisciplinare in Neurobioetica (GdN)

Masterclass in “Neurobioethics and Roboethics”, 2nd edition, 1st lesson
Lecturer: Prof. Stefano Mazzoleni from The BioRobotics Institute of Sant’Anna School of Advanced Studies, Pisa

 

Abstract

 

The second Masterclass in Neurobioethics “Neurobioethics and Roboethics”, which will be focused this year upon the proposals coming from robotics. Robotics is a large branch of study in continuous and rapid development, not only from the industrial perspective, but also from the medical, family and private ones. Man-machine hybridization has already come about, occupies numerous daily spaces, and raises the ethical and existential questions about what we have to say about this new identity.

GdN, in partnership with the UNESCO Chair in Bioethics and Human Rights and the Science and Faith Institute, hosted in the prestigious academic headquarters of the Pontifical Athenaeum Regina Apostolorum, has undertaken a watchful, refined interdisciplinary investigation, which will continue during this and the next four years, in order to achieve the best possible result in the professional, academic research, which is dedicated to the new questions that bioethics, philosophy, anthropology, medicine, engineering, law, theology, interreligious and multicultural sciences raise for the today’s man. The studies of the neurosurgeon Sergio Canavero regarding the human head transplantation, have created an intellectual sensation.

Dr. Stefano Mazzoleni, lecturer and Coordinator of the Bioengineering Laboratory of Rehabilitation, through his speech titled “Human-machine interaction: can robots and AI help improve our quality of life, particularly the quality of life of people with disability?”, guided the participants through the logic of robotic engineering applied to the user-help, referring especially to patients who face difficulties managing their daily routine due to their physical limits. The concern for these needs pushes biorobotics in the direction of service, which looks for the good man.
A similar interest in the applications and the ethics of robotics was born recently with the advent of a new engineering oriented to products’ usability, beyond the strictly industrial-mechanical context, to families and citizens’ homes. There is talk of the domestic usage of an entity built to enter into a relationship with the needs of man (an element which has been initially designed almost exclusively to accomplish difficult and complex industrial jobs).

The very origin of the term “robot”, derived from “robota“, refers to heavy work, an index of the nature inherent in the functional-collaborative interaction with human effort, a cooperation that does not (or should not) propose replacement for optimization, namely the efficiency that takes away dignity, but rather should support the thinking subject as the true protagonist. «Observing nature to understand its needs, in the wake of what Leonardo da Vinci has done», educating future engineers in the renaissance model of their profession, so that, seeing trauma or disability, they understand how to take the opportunity to put individual skills at service of others. This fundamental assumption of biorobotics, which has close to its heart the dignity and the good of the person, is absolutely essential; it is indispensable because, without such trajectories, the “ability to make” surrenders to the causes of its birth, namely the “creating know-how” gains the probability of destroying / threatening mankind, a risk that is considered to be therefore acceptable. Cinematography and literature on biorobotics, since the ’80s and decisively surging in the 2000s, suggests new goals. Since 2000, through «bio-inspiration» many capacities not previously explored has taken shape: generation of movement through sensors; wondering why, observing natural and animal bodies to overcome their limits through robotic replication. This progress has led from rigid robotics to neurorobotics and “soft robotics.

Currently, biorobotics explains the medical implant of organs and artificial limbs where they are absent, bringing in close contact doctors, researchers, scientists, engineers whose work will be a qualitative improvement of the life of patients for whom biorobotics will be an advantage. For example, the robotic hand, whose functioning Dr. Mazzoleni has highlighted, and which could be summarized in the interception of the electric impulse, thanks to the study of nerve signals, referring to the intentionality of moving the robotic hand as the human one usually moves. Biorobotics also promises benefits such as smaller incisions, shorter hospitalization, reduced risk of infection, less pain, faster healing times.

Asimov’s “I, Robot” presents a futuristic dystopian vision of distant worlds in which the natural and artificial cohabit a single body, a single identity or dimension. Such works move the collective imagination between nightmare and dream, fear and hope. On the one hand, the expert responds by releasing us from the anxieties related to robot’s autonomy, the exit from the calculated control, the serenity that derives from the construction of a humanoid machine, which can act (according to the dictates of the human) but it is not able to want since they learn what their creator wants to let them know.

 

Considering the robot as a tool does not scare, but to think of it as similar to the human species does frighten. Prof. Mazzoleni spoke of the “Uncanny valley“, a perturbing valley, a “sudden fall” in that place where we lose the serene familiarity with objects which have a human appearance. The technical aspects and scientific disciplines treated so far have noted the positive contributions of the relationship between man and machine, but they do not remove that feeling of extraneousness and uncertainty. In this context, bioethics is called to take a buffer function thanks to the critical and rational reflection that the dialogue between research fields, near or far, can build when the object is a subject, i.e. the human being. It encourages the beneficial contribution that robotics, together with artificial intelligence, are making and are destined to cultivate. Preventive ethical vigilance should not degenerate into the trivialization of itself. Instead it is necessary to consider the hypothesis that not all philosophical-scientific movements have close to heart the integral good of the human being, so acting according to the measure of the productive, empowering or efficient advantage, even if this should force us to consider the human being as an entity not dissimilar to what everyone wants to find in his own nature, which is as a bastion of innovation. Conversing about the irreplaceable nature of the human presence in collaboration with technology is the proactive strategy implemented by this first, very rich, appointment, whose spirit resides exactly in living what we know, together with what remains ahead.