Italian Court Rules Lombardy Regional Government Must Kill Eluana Englaro
<http://www.lifenews.com/bio2715.html>http://www.lifenews.com/bio2715.html
by Steven Ertelt
LifeNews.com Editor
January 27, 2009

Emacs!
Milan, Italy (LifeNews.com) -- A regional court has issued a new 
ruling in the ongoing saga over the life and death of Eluana Englaro. 
The Lombardy court ruling that the government of the region must 
provide a clinic that will remove Eluana Englaro's feeding tube 
resulting in a drawn-out painful starvation and dehydration death.

In November, the highest court in Italy granted Englaro's father the 
right to kill her via euthanasia by removing her feeding tube.

After that, officials in Milan, the capital of the Lombardy region 
where Englaro is hospitalized, has since barred hospitals under its 
control from carrying out the decision.

On Monday, the Lombardy Regional Court said the Lombardy government 
was wrong to issue a directive forbidding Lombardy clinics from 
removing Eluana's feeding tube. Carlo Lucchina, head of the health 
authority, said that doctors who would breach "professional duties 
and obligations" if they were to let Eluana die.

Today, a regional government official said it would not comply with 
the court order.

''At least for the moment we do not intend to comply with the 
instructions of the sentence' because the Court's evaluations appear 
unfounded to us," the government said. "I believe that this can 
easily be recognized by anyone who looks at the sentence from a legal 
point of view."

Government officials said that while some doctors believe Englaro is 
in a vegetative state, "Nobody is in a position to say that this 
state is irreversible."

Several other regions had offered to help Englaro's father take her 
life, but changed their minds when Health Minister Maurizio Sacconi 
pressured them to reserve their positions. Sacconi warned that 
hospitals receiving government funds would face consequences for 
killing the disabled woman.

Recently, a group of more than 700 doctors in Italy 
<http://www.lifenews.com/bio2699.html>signed their names to a letter 
supporting Eluana Englaro's right to life.

The letter says that physicians have a duty to help people who can't 
feed themselves and that removing her food and water would go against 
the World Medical Association's 1964 Helsinki declaration.

Both the government and Catholic officials are worried the Englaro 
decision will pave the way for a court ruling or legislation in the 
Italian parliament that would legalize assisted suicide or euthanasia.

Some pro-life advocates are looking at the legal possibility of 
getting appointed as Eluana's guardian, replacing the decision-making 
of her father, or taking her case to the European Court of Human 
Rights at Strasbourg.

If the feeding tube is pulled, Englaro will be starved and dehydrated 
to death in the same painful manner that took Terri Schiavo's life 
over the course of 13 days four years ago.

Under Italian law, killing a patient via direct euthanasia with an 
overdose of drugs is illegal and patients have a right to refuse 
treatment, but the law doesn't address cases like Englaro's when 
patients are unable to make their own medical decisions.

Last year, some of Italy's leading neurologists said Englaro should 
not be killed and they questioned whether she is in a persistent 
vegetative state.

"She is not a person in coma, or a terminal patient, but a severely 
handicapped person in need of special basic care, as occurs in many 
other situations of serious injuries to parts of the brain that limit 
the capacity of communication and self-sustenance," they said, 
according to a Zenit report.

"A patient's nutrition and hydration, even if assisted, cannot be 
confused with medical treatment; they have always constituted the 
fundamental elements of care, precisely because they are 
indispensable for every human being, whether healthy or sick," they 
went on to say.

"The tube through which nourishment is received does not alter this 
elementary truth; rather, it can be compared to a prosthesis or any 
other type of aid," they explained.


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