Learning outcomes of the course unit
The course aims to provide students with the tools to deal with legal issues related to the person's choices in the field of health, and to developments on quality of life and of the environment, of medical and biological technologies.
At the end of this course, the student should have gained the ability to: understand the main issues of biolaw, the italian legislation and of the main countries on the mentioned issues, to orient among the constitutional principles that are invoked in legal argument relating to issues covered by this ' new ' area of law.
To access the examination of biolaw, students should have passed at least the examinations of Institutions of private law, Constitutional Law, Criminal law.
Course contents summary
The course will cover the legal problems posed by the development of medical technologies and the reflections that these have on the guarantee of fundamental values such as life, health, human dignity, equality, self-determination, environment and ecosystem.
In particular, the course, after a first part focused on the method, sources and principles of biolaw, will be dedicated to the study of bioethics of beginning of life (abortion, medically assisted procreation) and of end-of-life (refusal of care, euthanasia, assisted suicide), as well as topics such as (among others) health protection as individual right and collective interest, freedom of choice care, the protection of people affected by rare diseases, medical ethics, the responsibility related to the exercise of medical practice, genetic privacy, pharmaceutical and clinical research, neuroscience, protection of future generations, natural things, animals, the use of GMOs.
The above-mentioned issues will be analyzed from the perspective of multilevel governance (with a strong focus on European law and case law) and of comparative law, especially through the examination of major court cases.
C. Casonato, Introduzione al biodiritto, Torino, Giappichelli, ult. Ediz.;
A. D’Aloia, L’ultimo diritto? Le decisioni di fine vita tra autonomia individuale, legge, giudice, Torino, 2014 (in press).
The course will be conducted through lessons, supplemented by seminars, with the participation of professors from other universities and of Italian and foreign experts.
Assessment methods and criteria
Students of the course will take an oral exam.
Evaluation will focus on:
- knowledge of the themes of the course;
- the ability to discern important trends and the evolution of the biolaw
- the ability to critically analyze the legislation and jurisprudence relating to the issues of the course;
-the ability to develop critical knowledge.