(LifeSiteNews) — The Constitutional Court of Italy has slowed down the expansion of access to assisted suicide, but the debate remains alive as the country awaits parliamentary action.
On May 20, 2025, the Italian Constitutional Court—the highest judicial body ensuring compliance with the country’s fundamental principles—issued a ruling reaffirming its 2024 stance: assisted suicide can only be requested if the patient is free and aware, suffering from irreversible illness and unbearable pain, and kept alive through life-sustaining treatments.
The case began in 2017 when Marco Cappato, leader of the Radical Party, accompanied a DJ to Switzerland to seek assisted suicide. In Italy, assisting suicide was considered a crime under the Penal Code.
Upon returning to Italy, Cappato turned himself in to the authorities, initiating a legal process that sparked intense public debate. Eventually, the Constitutional Court ruled part of the law unconstitutional, paving the way for legislative reform. In 2018, the Court officially called on Parliament to decriminalize assisted suicide in specific circumstances.
Parliament, however, failed to pass any legislation on the matter. When the issue returned to the Constitutional Court in 2019, the Court independently established the conditions for requesting assisted suicide: the person must have made the decision autonomously and freely, must suffer from an irreversible illness causing physical or psychological suffering deemed intolerable, and must be kept alive through life-sustaining treatments. These conditions must be verified by a public healthcare institution.
Not fully satisfied, members of the Radical Party called for the removal of the requirement related to life-sustaining treatments, aiming to expand access to assisted suicide for a larger number of patients.
However, in 2024, the Court not only rejected the request but made the requirement even stricter by introducing a time-based criterion: only treatments that, if suspended or discontinued, would lead to the patient’s death in a short period could be considered. This excluded essential therapies that do not result in immediate fatal outcomes, such as chemotherapy or dialysis.
Meanwhile, in 2022, to accelerate the reform, Cappato accompanied two more individuals seeking assisted suicide to Switzerland and later turned himself in again upon his return to Italy. Unlike the first case, these two individuals were not dependent on any life-sustaining treatment.
The Preliminary Investigation Judge of Milan took advantage of the situation to question the constitutionality of the life-sustaining treatment requirement, suggesting it should be removed entirely. According to the judge, this requirement violates the principle of equality among citizens, protected by the Constitution, and creates an unjust disparity in the treatment of patients. Additionally, it conflicts with constitutional articles safeguarding a patient’s right to self-determination.
According to the judge, in order to meet the legal criteria for requesting assisted suicide, a suffering patient who does not require life-sustaining treatments might feel paradoxically compelled to undergo one just to become eligible for assisted dying.
Consulted once again, on May 20, the Court reaffirmed that the requirement remains valid and is not discriminatory. If a patient refuses treatment, it means it has been prescribed, thereby meeting the criteria established in the previous rulings of 2019 and 2024. Consequently, those who refuse life-sustaining treatments can still access assisted suicide, while those who do not require such treatments cannot apply.
Finally, the Court clarified that the protection of life should be understood as preventing abuse against vulnerable individuals, rather than imposing an obligation to live. The fundamental principle is self-determination: the law may allow assisted suicide, but it must ensure that the decision is made freely and without external pressure. Therefore, the Court has once again urged Parliament to take action.
It is worth noting that assisted suicide, regardless of the seriousness of a patient’s condition, is condemned by the Catholic Church as gravely sinful, and as such, its legalization cannot be supported.
