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Acquisizione di materiale biologico e banche dati forensi: un equo contemperamento tra interessi potenzialmenti confliggenti
Full text linkIn June 2009, the Italian Parliament passed Law n. 85.
This law regulates the institution of the Italian National Forensic DNA Database and introduces modification articles of the Code of Penal Procedure in relation to the technical assessments that can affect personal freedom involved in biological sampling and collection of DNA profiles.
Italian law No. 85/2009 ratifies the Prüm Treaty which is an agreement of seven EU Member States regarding cooperation in justice and home affairs and establishing the highest possible standard of cooperation in exchange of information, particularly in combating terrorism, crossborder
crime and illegal migration.
Even though DNA databases are a great value for investigation and society, it may be troublesome to solve the balance between the public interest in crime control and individual rights such as personal freedom, dignity and privacy.
The critical analysis of the Italian regulation testifies that a fair balance between individual rights and social security is extremely hard to fulfill
BANCA DATI NAZIONALE DEL DNA: BILANCIAMENTO TRA DIRITTI INDIVIDUALI E SICUREZZA PUBBLICA NELLA LEGGE 30 GIUGNO 2009, N. 85
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Referto del professionista sanitario: spunti di riflessione vecchi e nuovi in una recente sentenza della Corte di Cassazione
No full textAMMINISTRAZIONE DI SOSTEGNO E DIRETTIVE ANTICIPATE DI TRATTAMENTO
No full textThe Italian institution of Support Administration allows a designated person to make
healthcare decisions on behalf of somebody incapable of clearly expressing their wishes.
In fact, the Support Administrator is in charge of looking after the personal interests of
the beneficiary.
The designation of the Support Administrator as a tool for someone to make effective
their advance directives in case of an accident or of a serious illness is controversial in the
Italian case law and literature. Italy currently lacks a legislation on advance directives
and living will, even if we can find some principles in the Convention on Human Rights
and Biomedicine, signed in Oviedo, and in the Italian Code of Medical Ethics and in the
Code of Conduct for Italian Nurses.
Due to this lack of regulation, guardianship judges have been asked from persons without
any health problem to appoint the Support Administrator in order to ensure compliance
with their healthcare advance directives. An established jurisprudence upholds this kind
of appeal, on the basis of article 408 of Italian Civil Code which reads as follow: « the
Support Administrator can be appointed in anticipation of an hypothetical future
incompetence ». With judgment No. 23707/2012 of 20 December 2012, Italian
Supreme Court has given preference to the opposite case law trend and has ruled that the
incompetence of the beneficiary must be simultaneous with the designation of the
Support Administrator.
This article considers the case law, both preceding and following judgment No. 23707/
2012 of the Supreme Court, and aims at a review of the concept of advance directive. In
the literature and in the case law the idea of advance directive is used even to describe a
present choice. We believe, though, that in these situations the person expresses wishes about a therapeutic project shared with the healthcare professionals and not to a single
medical treatment
Consulenza e formazione in bioetica clinica: dall'autoreferenzialità alla garanzia di qualità. L'esperienza del Laboratorio di Bioetica Clinica del Dipartimento di Medicina Molecolare dell' Università di Padova
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Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
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