Il diritto all’autodeterminazione individuale rispetto alle cure. Il limpido progetto costituzionale, il fosco quadro attuale

This work intends to clarify the constitutional basis of the right to therapeutic self-determination, basing it exclusively on Article 32 of the Constitution. For this purpose, it criticises the current interpretation of the Constitutional Court's rulings on informed consent, framed as a synthesis between the right to health and personal freedom. Only by bringing issues relating to individual health back within the scope of Article 32 of the Constitution individuals can be effectively protected against resurgent organicist and nihilist tendencies. These tendencies are confirmed by recent developments in the areas of abortion and end-of-life care. In a society increasingly governed by techno-economic power, which significantly restricts individual freedom, these practices, once an expression of freedom, are becoming a kind of thanatopolitics.