The Law 38 of 2010, "Provisions for guaranteeing access to palliative care and pain therapy" represents a model law on the subject worldwide; its contents are also the result of the commitment of civic organizations aimed at protecting the rights and dignity of people in the health sector. In particular, Law 38/2010 transposes and formalizes the provisions of the "Charter of rights on unnecessary pain" and in part of the "European Charter of the rights of the patient" promoted by the Court for the rights of the patient - Cittadinanzattiva, in 2005 and 2002, giving full legitimacy to the "Right to avoid unnecessary suffering and pain" and to the "Right not to suffer unnecessarily", rights for which many organizations of citizens and patients, together with numerous motivated professionals, fought hard, fighting that idea of pain and suffering as unavoidable components of the disease.
Since the publication of Law 38/2010 several steps have been taken, but there is still much work to be done for its full implementation. Despite the regulatory framework defined by law 38/10 and the subsequent provisions in the State-Regions Conference, as well as some judgments of the Constitutional Court and the Court of Cassation, the full enforceability of the law is not yet ensured.
It is now known in our country that to guarantee personal rights, the Law alone is not enough, and the tools to enforce "what is due" are not just the judicial ones.
This is why Cittadinanzattiva proposes and promotes activities that favor and affirm rights in a constructive way (monitoring, evaluations), participation, informed information and empowerment of citizens.
The latter in particular represent the specific area of action for this Project, that is, to carry out an information campaign aimed at all citizens with the purpose of making known and understanding fundamental rights when suffering from pain.
The project involves several phases which will be updated on the website.
For the press release, click here
"We were not born to suffer" is made with the non-conditioning support of Pfizer Lilly.
17th December, 2019
(document translated by Giulia Decarolis, ACN staff)
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