Ateneo - UPO

The seminar intends to introduce students to the study of biolaw, understood as a field of research and reflection pertaining to the legal regulation of biological phenomena fundamental to human life. Firstly, it will be necessary to understand the reasons underlying the identification of such a so-called field of study, which can be found in the scientific revolution and in the possibilities that it has offered to man to affect biological processes previously precluded to his ability to act and, therefore, also to his will: think of medical and biotechnological innovations such as medically assisted procreation, prenatal genetic tests, cloning of human cells and the consequences of their diffusion on the so-called choices of "beginning of life"; or the introduction of therapies and health treatments capable of significantly prolonging human life and the repercussions on the so-called choices of "end of life", with the "problems" of living wills, assisted suicide, euthanasia. But think also of the capacity for action with which science and technology have endowed humanity with respect to the animal, vegetable and inorganic world or, according to a similar but not identical perspective, the biosphere and the ecosphere. Given these premises of meaning, the seminar will propose a path of knowledge of biolaw that will start from the constitutional perspective of the protection of the human person in our legal system, with a framework of constitutionally protected rights and interests and the relationships between them (right to health, freedom of self-determination, environmental protection, freedom of scientific research, etc.). The course will continue with the examination of some of the main themes and problems that make up the field of biolaw studies and that revolve around human health in the face of the evolution of medical science and biotechnology: from the legal treatment of the human embryo to medically assisted procreation techniques, from experimental therapies to euthanasia. The treatment of these topics will privilege a casuistry approach, with particular attention to jurisprudence (common and constitutional, international and foreign) which has dealt with some "hard cases" (such as, for example, the Di Bella and Stamina cases in the field of innovative therapies or the judicial cases of Eluana Englaro, Fabiano Antoniani, Charly Gard and Alfie Evans, with reference to the problems of the "end of life"). The examination of these "hard cases" will lead to some concluding reflections on the role of legislation and jurisdiction in the management of biolegal issues.

The teaching material (doctrinal articles, regulatory texts, judicial decisions) will be provided by the teacher.

The seminar pursues the following training objectives: i) introduce students to the concept and problem of biolaw; ii) allow students to identify the constitutional coordinates of biolaw; iii) introduce students to the main thematic areas of biolaw, with the examination and discussion of "difficult cases" emblematic of biolaw problems; iv) enable students to develop skills in studying and arguing court cases; v) allow students to develop writing skills of descriptive and argumentative texts on biolaw issues

To register the final vote you must have passed Diritto costituzionale and Istituzioni di Diritto privato. It is possible to attend the seminar and prepare the report required for the evaluation even without having passed the aforementioned exams.

The first part of the seminar includes some frontal lessons, during which the teacher and the students will begin to directly examine regulatory texts and judicial decisions. The second part will mainly take place through the presentation and discussion of the "difficult cases" foreseen in the program and, in part, selected together with the students also on the basis of individual interests. In the final part of the seminar, the intervention of external speakers is foreseen.

Students with physical disabilities, Learning Disabilities or Special Education Needs can request specific services and tools via the Staff Sviluppo e Coordinamento Carriere e Servizi alle Studentesse e agli Studenti, consulting the University webpage: https://www.uniupo.it/en/services/servicesstudents-physical-or-learning-disabilities Students with disabilities, learning disabilities or special education needs, once they have contacted the University Staff, can refer to the tutor in charge of the course to define the examination modalities, concerning academic aspects.

Learning will be verified both on the basis of participation in the case discussions conducted in the classroom, and in the light of a final report whose objectives and contents will be agreed by the students with the teacher during the course. Students who cannot attend the seminar will also have to take an oral examination. They are asked to contact the teacher via email.

The seminar will address the following key themes and topics: 1. Biolaw as a field of study. Basic reasons starting from the change in the relationship between will and nature triggered by scientific and technological developments. Bioethics and biopolitics. 2. Protection of the human person and health protection. The right to health in the Italian Constitution. Health and healthcare. The National Health Service. 3. Environmental protection. Anthropocentrism and ecocentrism. Law or rights of the non-human world? One health. 4. Scientific research in the Italian Constitution. Politics, law and science. The Science Reserve. 5. Medical science and practice. Doctor autonomy. Guidelines 6. Freedom of self-determination. Informed consent in the health sector. 7. Beginning of life. Voluntary termination of pregnancy, protection of the human embryo, prenatal genetic testing, medically assisted procreation 8. Medical and biotechnological innovations. Human and animal experimentation. Experimental drug treatments. 9. End of life. Advance Statements of Treatment. Life-sustaining treatments and withdrawal thereof. Euthanasia. 10. New rights, legislator, judges. National and transnational dimension of biolegal problems.

At the end of the seminar the student is expected to: i) have learned, in essential terms, the concept and the problem of biolaw; ii) be able to identify the constitutional coordinates of biolaw; iii) know the main thematic areas of biolaw and some "difficult cases" emblematic of biolaw problems; iv) be able to understand and discuss legal cases; v) have developed skills in writing descriptive and argumentative texts on biolaw issues