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About the case of Eluana

Who decides on the death

of Stefano Rodota

Who rules the living, those who decide to die? These ancient questions have returned with bullying in the public discussion after the ruling by which the Supreme Court has indicated the solution for the case of Eluana, the girl who is fifteen years in state permanent vegetative for years and for which parents seek the termination of the treatments that keep it alive. None an individual decision. Two recent measures of the courts of Cagliari and Roma have faced and solved problems related to preimplantation embryo diagnosis and treatment of rejection (notation: all three decisions have played a key role of the magistrate). The ruling of the Supreme Court, in particular, is exemplary: the ability to read the law for what it is, and not what you would like it or not, for the rigor of the argument, for taking personal responsibility the judge who, when faced with difficult issues, not escapes, refuge in artificial constructions and thus denying the justice that citizens demand.

born at this point, a doubt. How many of the improvised commentators have actually read that sentence? How many have the tools necessary to understand how a legal system today? The question is more than legitimate in the face of reactions as "unacceptable substitute judicial ',' urgent need to fill a legal vacuum," "violation of the prerogatives of Parliament," to the grotesque idea of \u200b\u200braising before the Constitutional Court a jurisdictional dispute between Parliament and the judiciary.

try to reason. If using the phrase "judicial substitution", which have very worn, it means that the judiciary is able to respond more rapidly than laws, they say one thing correct, but that now belongs to the physiology of the system and not only di quello italiano. Un caso assoluta­mente identico a quello di Eluana Englaro, la notissima vicenda di Terry Schiavo, venne risolto negli Stati Uniti proprio dai giudici che respinsero seccamente le intromissioni del Parlamento, ribaden­do un orientamento assunto dalla Corte Suprema fin dal 1990. Nella stessa direzione si muovono da anni la Cassazione tedesca, l'House of Lords, la Corte europea dei dirit­ti dell'uomo. Analizzando le deci­sioni di quest'ultima, anzi, si è più volte messo in evidenza che ormai i temi del vivere e del morire trova­no sempre più spesso lì indicazio­ni di principio e soluzioni. Perché questo accada, ha molte spiega­zioni. I tempi lenti di tutti i Parla­menti; la difficoltà rigid rules to close in the vicissitudes of life that, as Montaigne reminds us, is "a movement uneven, irregular, multiform; the proper task of the courts to adapt the broad principles to concrete situations.

is what is happening in Italy. But not because there is a legal vacuum. The judges, in fact, have anchored their arguments to a very large number of rules: Articles 2.13 and 32 of the Constitution, the Convention on Human Rights and Biomedicine of the Council of Europe, the Charter of Fundamental Rights ; the National Health Service Act of 1978; gli articoli del Codi­ce di deontologia medica. Hanno richiamato sentenze della Corte costituzionale e numerosi prece­denti della stessa Cassazione. Un «pieno» di norme che smentisce la tesi del vuoto normativo e dell'in­debita supplenza.

A picture so full of principles and rules has been used to arrive at a decision in which it is clear the distinction between the refusal of care at issue, and different assumptions of euthanasia, assisted suicide The starting point is represented by the now indisputable principle of informed consent, from which follows the "power of the person of their own body" (as the Constitutional Court in 1990) and then the illegality of any operation beyond his control. A principle that is not the result of an abandonment of values, of surrendering to the logic of individualism. Born, on the contrary, the desire to affirm the value of the person and his dignity, and finds its origins in the Nuremberg Charter of 1946, written after the trial of Nazi doctors who had violated human dignity and with their experiments.

The person ended thus to be the 'object' of the power of the therapist or anyone else, saw and recognized the full autonomy, so that it was said that it was born a new "moral subject." Hence the imperative indication art. 32 of the Constitution, which prohibits any treatment that violates "the observation of the human person." Here rests the right to refuse any care, that the Supreme Court had already recognized in the past, so that his final decision can be considered as conducting a guideline already established. And the doctor's duty to take care of converting to that "of rispettare la volontà del paziente contraria alla cura», escludendo quindi ogni sua responsabilità.

By adapting this principle to the condition of those in permanent vegetative state, the Supreme Court did not refer to the policy of aggressive therapy, but showed great balance with the two conditions that justify the interruption Treatment of survival: a rigorous investigation of the irreversibility of the permanent vegetative state, the possibility of determining the intention of the person on the basis of his explicit statements or "through their beliefs, their way of life and reference values." The criticisms of these two criteria are not convincing. There is no lack of objective scientific criteria for investigation of the actual condition of the dying. And establish the person's intention can be difficult process that requires great sensitivity, but can be based on a variety of factors capable of reaching unequivocal conclusions.

Two other points, equally important, were defined by the Supreme Court. The first concerns the characterization of nutrition and hydration as a forced 'treatment', which may be waived. Conclusion which is contradicted areas linked to the Catholic Church, but widely accepted by the scientific community and that is the basis of decisions of courts of other countries. The second is "the application of the measures suggested by science and medical practice in the interest of the patient", so the legality of sedation, thus solving a question born with the Welby case and removing any foundation to the subject of terrorism in agony which would have condemned the dying.

The framework defined by the Supreme Court, therefore, is rigorous, firmly founded on the principles and standards, shows that even in the absence of a specific law, the legal system provides all the tools needed to tackle the difficult issues of end of life. Thanks to this ruling, the case for a policy may be addressed in a more clear.

The Supreme Court and other courts have not "created" rules. Extracted from the system all the elements that require the recognition of personal autonomy, and this involves a series of consequences. The refusal of care is a principle that can not be challenged, and today should be respected the will of those who, in the event of a permanent vegetative state, said to refuse the continuation of any treatment. A law, therefore, must have as its objective the consolidation of this situation and also to avoid any controversial case brings with it the need to go to court. This is done by assigning importance to the formal living will, without turning it into a bureaucratic bottlenecks, and by clarifying the limits of responsibility of the physician.

would be unacceptable, however, an intervention the legislature turned nell'improponibile rematch of a policy that purports to restrict a freedom firmly founded on the Constitution. It is a real risk. Too many political exploitation for years accompanying the themes of life. Too many regressions cultural rape the public debate. But after the reasons given judges, there is to be hoped that Parliament does not become a place of restoration unconstitutional.

Article taken from the Republic of 25 October 2007

www.radicali.it

Poodle And Brussel Griffon Mix

model from Ford Lego model

A protocol for the factories of Ford

• by Corriere della Sera on 19 October 2007, p.. 1

of Maurizio Ferrera


Scholars call it "Lego model." It 'a new type of welfare in some countries is supplanting the old "Ford Model', made increasingly obsolete by changes in the economy and society.

The model is organized around the large Ford factory and focuses on the worker (male); its main goal is to not subsidize the work through grants and pensions. The Lego model is rather oriented towards society as a whole in the center and inept individuals, especially women and children.

Its objective is to support the needs of the entire life cycle, paying particular attention to the phase of early childhood. Inspired by the philosophy of the famous Danish toy (the building blocks for the 'creative'), the model assigns a key role Lego wings' learning, training, updating skills as tools for growth and security at the individual level and collectively. Per il modello Ford la giustizia socia­le è essenzialmente una questione di «compensazioni» tra classi e catego­rie occupazionali e l'arena decisiva è il mercato del lavoro. Per il modello Lego la battaglia per l'equità e l'egua­glianza di opportunità deve comincia­re molto prima: le arene decisive sono la famiglia, i servizi per l'infanzia, la scuola.

11 modello Lego non è solo un'idea astratta degli studiosi. E' un approc­cio che vari governi europei seguono già da tempo. I Paesi scandinavi inve­stono per i servizi per l'infanzia, la scuola e la formazione più di quanto spendono per le pensioni. Nell'ulti­mo decennio la Gran Bretagna e l'Irlanda hanno significativamente recalibrated their welfare systems to women and children, and Zapatero in Spain now follows their example. The new approach is inspiring social reform also some central and eastern European countries such as Estonia or Slovenia. Italy, however, is lagging behind.

In the program there were several tracks of the Union Lego model, especially in the chapter on the rights of the person and the family and what about the school. During the election campaign of 2006, many politicians now in government had often repeated the slogan "first the women and children," making it almost a flag. There was talk about baby bond, a hundred thousand new jobs in the nurseries, supports universal alle fami­glie con figli. Nel maggio scorso, al convegno di Firenze organizzato da Rosy Bindi, vari ministri avevano an­nunciato misure per sostenere il lavo­ro delle madri, per contrastare la po­vertà dei minori, per realizzare condi­zioni di maggiore eguaglianza «ai na­stri di partenza». Persino Rifonda­zione comunista si era data una mos­sa, presentando in Parlamento un di­segno di legge per l'istituzione di un «reddito minimo di cittadinanza per i bambini e le bambine», pari a 250 euro mensili. Nessuno si aspettava certo una piena conversione del go­verno Prodi al nuovo approccio. Ma qualche mattoncino Lego, questo sì, eravamo stati così ingenui da aspet­tarcelo.

But no. Under the Protocol on welfare, we have witnessed a real comeback in full regalia of the old Ford model: the centerpiece of the bill just passed by the government of new pensions, the overall logic is still that of compensation for women and is reserved for children only a few words distracted, some vague promise. Rifondazione is back to claim "compensation" and "refunds." The Budget has added a nice icing on the other hand compensates for her relief, there will be less money for child-care facilities.

Really there was no room to do otherwise? The political resistance and trade unions were very strong, no one denies. Negotiation was difficult, the chapter on social safety nets is however a positive result. But some concrete measure towards the Lego model could (and still can) launch. To give a signal of change, to start some virtuous circle. But most of all to help that about one million of Italian children under ten years living in poverty and social exclusion and economic model that Ford insists, blatantly and shamefully, to ignore.

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ethics, secularism and faith in the liberal state

24 Weeks Pregnant And Pain Around Navel

Flexicurity: what is it?

Lisbon
goodbye But the new strategy is uncertain

Security + Flexibility: is the new watchword European Union. But we are sure that works? A comparison of two economists (Marcello Messori and Bruno Amoroso) and a trade unionist (Walter Cerf)

Martina Toti

In a book published recently, the American sociologist Richard Sennett claimed that "the practice of flexibility is mainly concentrated on the forces that bend the people." And speaking of "men flexible": those "bent", in fact, the changes in the world of contemporary work, where the expression "Indefinitely" was replaced by the slogans of the new capitalism - "mobility", "risk", "uncertainty". For several years in Europe we speak of "flexicurity", a neologism that combines, in almost an oxymoron, the concepts of flexibility and security. But a union is really possible? And at what cost? We discussed with Walter Cerf, confederal secretary of the ETUC, and economists Bruno Amoroso and Marcello Messori.

After the publication of the Green Paper on Labour Law in November last year and the Commission Communication on flexicurity in June, the European Union is preparing to define the arguments in favor of this new formula and a set of common principles for Member States. So "flexicurity - as confirmed by Walter Cerf, confederal secretary of the ETUC - is an idea that is becoming central in the work of the European Commission. In a sense, is gradually replacing the Lisbon Strategy that, since 2000, had intended to make Europe 'the knowledge economy more competitive and dynamic world'. " An alternative that is not convincing at all Bruno Amoroso, a professor of economics at the University of Roskilde, Denmark, according to which the introduction of flexicurity in Europe stems from the "recognition che la strategia di Lisbona si è rivelata inutile e impotente rispetto agli obiettivi di crescita e occupazione che si era prefissata”. Secondo Amoroso, insomma, “la flexicurity è un tentativo di rianimazione di quella strategia fatto con scarsa convinzione”.

La mondializzazione, la flessibilità della domanda e dell’offerta, le nuove forme di produzione del lavoro e le stesse tecnologie della comunicazione hanno cambiato radicalmente lo scenario lavorativo. Per questo, secondo Marcello Messori, la formula ibrida della flexicurity potrebbe essere “un tentativo interessante di combinare mobilità e sicurezza, se interpretata in senso proprio come accade in Danimarca; per farlo però non si può use short cuts to be invested many resources, with very extensive social safety nets, if not universalistic, and a permanent training system that allows the adjustment of human resources. " But the model proposed by Denmark is not a panacea. Cerf is to point out: "It would be unfair leaning against the community, as in the Danish model, all costs and consequences of flexibility. Here is one of the theoretical foundations of flexicurity, should respond in some way: it is true that companies today have to deal with the global market but, in any case, should not be exempted from the consequences that implies flexibility. "

Flexicurity does not work for all
Based on his experience in Denmark, Amoroso illustrates results of the Danish case: "For years, a million people (20% of the population) are not considered unemployed and the working age live income transfer. The flexicurity works to allow rotation in the use among the professional groups most active, but turns out to be largely ineffective in ensuring the return to productive professional groups marginalized by age group over 45 years. " Messori explains, the contrast is to be created between the mobility of human resources, on the other hand, their development, "because the real competition to play on the human factor, or what economists call human capital theory. " In other words, if flexibility is understood as a way to contain labor costs in the short term, it is not a factor in competitiveness. Neither is required because of the unification of global markets, because it contradicts and undermines the strength of human resources, their training, their enormous potential. " Well one thing is the uncertainty, one thing is an innovative mobility related to a process of great significance. For this we need - adds Cerf - "support for mobility through a training process that allows the conversion of quality and ensuring a level of welfare as high as possible. "

difficult to apply in Italy
According to the analysis of Messori for a country like Italy, it would completely redefine the institutions of the labor market, which today are among the weakest in Europe regarding the protection unemployment and worker training. "It's a myth to debunk - Messori explains - the principle which, if we improve a little 'our system and a bit' our social safety net, we run the flexicurity. On the other hand, thoroughly restructure our system would cost very large and difficult to predict. "flexicurity But it is difficult to apply in Italy for other reasons:" The system - and love to speak - calls for a tax transparent, a government with a culture of 'service' and the common good, and cultural cohesion social and that is possible in countries with strong ethnic and national homogeneity, such as Denmark. This is a 'system' and not 'means' - says Amoroso -. What sense does it speak of "flexicurity" in a country in pursuit of the 'treasure' hidden and used as a weapon of blackmail and bargaining party? "

The risks of insecurity Insecurity
and job insecurity are key elements involved in the flexicurity debate. In this regard, Walter Cerf warns that strengthen the flexible component to the detriment of security and guarantees, not to mention more work but easy to use standard "would be a mistake, a gift to liberalism, as in the Europe of 27 elements of insecurity labor market is already exploding exponentially. "

In fact, the latest figures released by Eurostat for 2005 - when the EU had 25 member states - speak to an employment rate of 63.8% with one worker in seven temporary employment: in 2005, 14.5% of the population in Europe working age - or between 15 and 64 years - had a temporary contract, a figure rose from the previous year by almost a percentage point. The lack of a unified labor law and, conversely, the presence of 27 labor markets with asymmetric rights also encourages businesses to practice a kind of social dumping within the EU itself. In this regard, the Congress of Seville , ETUC has proposed, as Cerf says, "to set a minimum set of rights valid for all member states, on the basis of the Charter of Fundamental Rights", another important factor then the definition of self-employment and one employee: "In many states, in fact - explains Cerf - the individual employment contracts are becoming even risked calling into question even undermine collective agreements and union rights."

Europe: Harmony remote
Yet it seems that Europe has difficulties to adopt a common platform. For example, the opt-out of Britain on the Charter of Fundamental Rights calls for a bitter debate at Bruno Amoroso: "Britain has a negative weight on the European Union because it pushes Europe towards economic and cultural horizons Atlantic, enemies of the European social model and an economic policy and rights of coexistence with Asia and Africa. " To ask Europe to intervene in this matter with a uniform policy would require further resources that currently do not seem to be available. "With the current resources and without their resettlement, perhaps providing the funding cuts to agricultural policies - Messori explains - it seems very unlikely that the EU can not only encourage but also to coordinate a complex project such as the flexicurity ". What

economic means is, in fact, a major weakness in the construction of flexicurity. "All the ingredients need of public resources so high as to ensure the community to manage not only flexibility but also security - said Cerf -. Think of the Danish model, which combines the flexicurity to a high welfare and taxation among the highest in Europe. Yet the European trend today is towards a reduction in taxes. At present, the flexicurity as an element capable of combining flexibility and security is virtually impossible to implement. " An inability to judge Bruno Amoroso in light of the cultural attitudes of workers, employers and the public: "On one hand, it must be a predisposition entrepreneurial innovation and business risk that is not within the shores of the Italian culture. On the other workers, both absorbed and those who remain unemployed, they have to pay the personal costs - from stress to family instability. "

is short, that, while talking about the European flexicurity, we returned to the Flexibility of Richard Sennett, the concept that once was used to indicate the capacity of the branches of a tree bending in the wind without breaking, and then went on to indicate the ability human to adapt to change. Yet everything has a price if the original title that Sennett had chosen for his book The Corrosion of Character is - corrosion of personality - charitably translated into Italian expression Man flexible. What will become of man hours flessicuro?

( www.rassegna.it, September 4, 2007 )