116 research outputs found
Corte di Cassazione : Sez. I Penale 51059/2013=Court of Cassation: Criminal section, Italy : 18 December 2013
No full textCrime – Aggravating circumstances of trivial motivation – Religiously motivated offences – Muslim father attempting to kill daughter for having sexual relationship with non-Muslim man, outside of marriage – Father judging daughter’s behaviour as serious violation of Islam’s precepts and cause of disgrace for his family – Father sentenced with aggravating circumstance of trivial motivation – Father lodging appeal, challenging ruling in several parts, including above-mentioned aggravating circumstance – Whether finding of aggravating circumstance legitimate – Whether breach of father’s religious principles could be regarded as trivial motivation – Criminal Code, art 61
Consiglio di Stato 4460/2014 : sentenza no 4460 : Council of State, Italy : 2 September 2014
No full textRight to health – Patient’s right to self-determination – Cessation of life-sustaining treatment – Court of Appeals of Milan declaring legitimacy of cessation of life-sustaining treatment of patient in permanent vegetative state – Parent of patient requiring health service to cease life-sustaining treatment – Regional Directorate-General for Health (Lombardy Region) rejecting request pursuant to (1) LEA (Essential Levels of Care) established by decree of the President of Council of Ministers (2) the professional and ethical duties of health personnel, which included the provision of life-sustaining treatment and (upon appeal) (3) withdrawal of life-sustaining treatment amounting to murder of a consenting adult – Regional Administration supporting Court of Appeals judgment, but failing to require cessation of life-sustaining treatment – Upon parent’s appeal Regional Administrative Court (TAR) annulling Regional Directorate-General’s refusal on grounds of infringement of patient’s right to health – In addition ruling patient entitled to be cared for by public health service even when refusing life-sustaining treatment – Lombardy Region appealing – Whether life-sustaining treatment being a ‘medical treatment’ – Whether public health service compelled to interrupt life-sustaining treatment – Whether health personnel guilty of criminal offence if carrying out patient’s wishes for interruption of life-sustaining treatment – Whether regional health administration entitled to refuse interruption of treatment on grounds of professional ethics – Italian Constitution arts 2, 3, and 32 – Criminal Code arts 51 and 579 – Legislative decree no 502/1992 – Decree of the President of the Council of Ministers of 29 November 2001
Tribunale di Lecce : Ordinanza 08/10/2012: Court of Lecce, Sezione I Penale, Italy 8 October 2012
No full textCorte di Cassazione - Sez. I Penale 41474/2013: Court of Cassation - Penal section, Italy: 7 October 2013
No full textHuman rights – Freedom of religion – Interference with – Buddhist inmate filing appeal to Surveillance Court of Novara against prison administration denial of Buddhist chaplaincy and vegetarian meals – Surveillance Court refusing to initiate judicial procedure on ground fundamental rights not engaged – Surveillance Court rejecting complaint by informal procedure – Applicant challenging decision in Court of Cassation alleging violation of religious freedom by prison administration – Whether Surveillance Court should have activated judicial procedure to decide case on the merits – Whether denial of chaplaincy and refusal to accommodate religious dietary requirements could found appeal based on right to freedom of religion – Italian Constitution, arts 2, 8, 9, 19 – Prison Law Code, arts 14ter and 6
Conseil d'Etat : Judgment No 320796/2011
No full textSeparation of church and state – Places of worship – State support for religion – Law providing for separation of church and state prohibiting state subsidy of any cult and prohibiting financing of any association bearing costs of maintenance of any place of worship not owned by state at date of separation of church and state – Later law empowering local authorities to grant long lease in public interest – Town council granting long-lease for parcel of communal land to federation of Muslim associations for building of mosque – Rent amounting to one euro per annum – Claimant, member of town council, challenging grant of lease – Whether lease violating doctrine of separation of church and state – Whether derogation justified – Whether peppercorn rent constituting disguised subsidy of religion – Law of 9 December 1905 on the Separation of Churches and State, arts 1, 2, 13, 19 – General Code of Local Public Entities, art L. 1311-2 – Rural Code, art L.451-1
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