This paper is a critical review of Italian Law n.10, passed on 10 February 2020, which denominates "Regulations concerning the arrangementof one's body and autopsy tissues for studying, training and scientific researchpurposes", and the evolution of related Italian legislation and the regulatory framework articulated within this law. Issues of consent and the agent's role are raised, by comparing the provisions included in Law 10, with legislative frameworks in France, Belgium, the United Kingdom and the United States (at Federal level). The introduction of a written consent requirement is also analyzed, given the special circumstances inherent in this type of donation. It is argued that this law has obvious weaknesses, since it requires the donor to appoint an agent, unlike other jurisdictions which do not include such a central role for a designated agent. Other critical issues are also addressed, as well as comment on the delay in implementing the regulation.

Post mortem cadaveric donation for educational and research purposes in Italy (law n. 10/2020): a long-awated piece of legislation with a few pros and many cons, including comparisons with other pieces of legislation in european countries / Vergallo, G. M.; Di Luca, A.. - In: MEDICINE AND LAW. - ISSN 0723-1393. - 42:2(2023), pp. 363-375.

Post mortem cadaveric donation for educational and research purposes in Italy (law n. 10/2020): a long-awated piece of legislation with a few pros and many cons, including comparisons with other pieces of legislation in european countries

Vergallo G. M.
;
2023

Abstract

This paper is a critical review of Italian Law n.10, passed on 10 February 2020, which denominates "Regulations concerning the arrangementof one's body and autopsy tissues for studying, training and scientific researchpurposes", and the evolution of related Italian legislation and the regulatory framework articulated within this law. Issues of consent and the agent's role are raised, by comparing the provisions included in Law 10, with legislative frameworks in France, Belgium, the United Kingdom and the United States (at Federal level). The introduction of a written consent requirement is also analyzed, given the special circumstances inherent in this type of donation. It is argued that this law has obvious weaknesses, since it requires the donor to appoint an agent, unlike other jurisdictions which do not include such a central role for a designated agent. Other critical issues are also addressed, as well as comment on the delay in implementing the regulation.
2023
Advance Directives; Informed Consent; Italian Law 10/2020; Post-Mortem Body Donation; Scientific Research on Donated Bodies
01 Pubblicazione su rivista::01a Articolo in rivista
Post mortem cadaveric donation for educational and research purposes in Italy (law n. 10/2020): a long-awated piece of legislation with a few pros and many cons, including comparisons with other pieces of legislation in european countries / Vergallo, G. M.; Di Luca, A.. - In: MEDICINE AND LAW. - ISSN 0723-1393. - 42:2(2023), pp. 363-375.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11573/1699447
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