The hunger strike in prison: bioethical and medico-legal insights arising from a recent opinion of the Italian national bioethics committee.

IF 2.3 2区哲学 Q1 ETHICS Medicine Health Care and Philosophy Pub Date : 2024-06-12 DOI:10.1007/s11019-024-10215-w

Francesco De Micco, Vittoradolfo Tambone, Rosa De Vito, Mariano Cingolani, Roberto Scendoni

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Abstract

This contribution addresses some bioethical and medico-legal issues of the opinion formulated by the Italian National Bioethics Committee (CNB) in response to the dilemma between the State's duty to protect the life and health of the prisoner entrusted to its care and the prisoner's right to exercise his freedom of expression. The prisoner hunger strike is a form of protest frequently encountered in prison and it is a form of communication but also a language used by the prisoner in order to provoke changes in the prison condition. There are no rules in the prison regulations, nor in the laws governing the legal status of prisoners, that allow the conscious will of the capable and informed subject to be opposed and forced nutrition to be carried out. However, this can in no manner make therapeutic abandonment legitimate: the medical doctor should promote every action to support the patient. In the recent opinion formulated by the CNB it was remarked how self-determination is a central concept in human rights and refers to an individual's ability to make autonomous and free decisions about his or her life and body.

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监狱中的绝食：意大利国家生物伦理学委员会最近提出的一项意见在生物伦理学和医学法律方面的启示。

这篇论文探讨了意大利国家生物伦理委员会（CNB）针对国家保护受其监护的囚犯的生命和健康的义务与囚犯行使其表达自由的权利之间的两难境地所提出的意见中的一些生物伦理和医学法律问题。囚犯绝食是监狱中经常遇到的一种抗议形式，是一种交流方式，也是囚犯为促使监狱条件发生变化而使用的一种语言。监狱条例和有关囚犯法律地位的法律中都没有规定允许反对有能力和知情的主体的自觉意愿和强制营养。然而，这并不能使放弃治疗合法化：医生应采取一切行动支持病人。全国委员会在最近提出的意见中指出，自决是人权的核心概念，是指个人对自己的生活和身体做出自主和自由决定的能力。

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来源期刊

Medicine Health Care and Philosophy Multiple-

CiteScore

4.30

自引率

4.80%

发文量

期刊介绍： Medicine, Health Care and Philosophy: A European Journal is the official journal of the European Society for Philosophy of Medicine and Health Care. It provides a forum for international exchange of research data, theories, reports and opinions in bioethics and philosophy of medicine. The journal promotes interdisciplinary studies, and stimulates philosophical analysis centered on a common object of reflection: health care, the human effort to deal with disease, illness, death as well as health, well-being and life. Particular attention is paid to developing contributions from all European countries, and to making accessible scientific work and reports on the practice of health care ethics, from all nations, cultures and language areas in Europe.