Eluana Englaro
Encyclopedia
Eluana Englaro was an Italian
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...

 woman from Lecco
Lecco
Lecco is a town of c. 47,760 inhabitants in Lombardy, northern Italy, north of Milan, the capital of the province of Lecco. It lies at the end of the south-eastern branch of Lake Como...

, who entered a persistent vegetative state
Persistent vegetative state
A persistent vegetative state is a disorder of consciousness in which patients with severe brain damage are in a state of partial arousal rather than true awareness. It is a diagnosis of some uncertainty in that it deals with a syndrome. After four weeks in a vegetative state , the patient is...

 on January 18, 1992, following a car accident
Car accident
A traffic collision, also known as a traffic accident, motor vehicle collision, motor vehicle accident, car accident, automobile accident, Road Traffic Collision or car crash, occurs when a vehicle collides with another vehicle, pedestrian, animal, road debris, or other stationary obstruction,...

, and subsequently became the focus of a court battle between supporters and opponents of euthanasia
Euthanasia
Euthanasia refers to the practice of intentionally ending a life in order to relieve pain and suffering....

. Shortly after Englaro had been fed with a probe, her father requested to have her feeding tube
Feeding tube
A feeding tube is a medical device used to provide nutrition to patients who cannot obtain nutrition by swallowing. The state of being fed by a feeding tube is called gavage, enteral feeding or tube feeding...

 removed and to allow her to die "naturally". The authorities initially refused his request, but this decision was later reversed after seventeen years.

Trial and ruling

The case was debated in court and her father's request was denied both in December 1999 by the Milan
Milan
Milan is the second-largest city in Italy and the capital city of the region of Lombardy and of the province of Milan. The city proper has a population of about 1.3 million, while its urban area, roughly coinciding with its administrative province and the bordering Province of Monza and Brianza ,...

 Court of Appeal and in April 2005 by the Court of Cassation
Court of Cassation (Italy)
The Supreme Court of Cassation is the major court of last resort in Italy. It has its seat in the Rome Hall of Justice.The Court of Cassation exists also to “ensure the observation and the correct interpretation of law” by ensuring the same application of law in the inferior and appeal courts...

. A request for a new trial
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...

 was granted by the Court of Cassation
Court of Cassation (Italy)
The Supreme Court of Cassation is the major court of last resort in Italy. It has its seat in the Rome Hall of Justice.The Court of Cassation exists also to “ensure the observation and the correct interpretation of law” by ensuring the same application of law in the inferior and appeal courts...

 on October 16, 2007.

The Milan Court of Appeal declared on July 9, 2008 that Eluana's father and legal guardian Beppino Englaro was allowed to suspend feeding and hydration.

Some friends of Eluana testified that she had repeatedly stated that it would be better to die than surviving in conditions of complete unconsciousness. About a year before the accident that reduced her in a permanent vegetative state, Eluana was shocked by the news that a dear friend had a motorbike accident. She admitted that she had prayed that the boy could die in peace without any further suffering. Later, she discussed with her parents about this and made them promise that, should something like this happen to her, they would never allow her to survive while remaining unconscious and without free will, totally dependent on the care of others.

Nuns caring for Eluana since 1994 in Lecco
Lecco
Lecco is a town of c. 47,760 inhabitants in Lombardy, northern Italy, north of Milan, the capital of the province of Lecco. It lies at the end of the south-eastern branch of Lake Como...

 were willing to continue their usual charitable treatment, and they came to the point of asking the woman's father to leave the girl to them and forget her, so Mr. Beppino Englaro decided to move her to another hospital in order to have her feeding suspended according to the will she had expressed.

Some people split on the Court of appeal's decision, some demonstrated in favour, including Radicali Italiani.

In July 2008, the Italian Parliament brought a jurisdictional conflict before the Final Court of Appeal, stating that the decision was actually changing existing laws. This request was rejected by the Court.

On November 13, 2008, the Supreme Court of Cassation
Court of Cassation (Italy)
The Supreme Court of Cassation is the major court of last resort in Italy. It has its seat in the Rome Hall of Justice.The Court of Cassation exists also to “ensure the observation and the correct interpretation of law” by ensuring the same application of law in the inferior and appeal courts...

 awarded Eluana's father the right to stop his daughter from being fed. The court's decision met with immediate criticism from the Roman Catholic Church.

Final days and death

Beppino Englaro, as he stated in one of his several public appearances, waited until all appeals were concluded before he suspended the feeding of his daughter. On 2 February 2009 she was moved to a private nursing home in Udine
Udine
Udine is a city and comune in northeastern Italy, in the middle of Friuli-Venezia Giulia region, between the Adriatic sea and the Alps , less than 40 km from the Slovenian border. Its population was 99,439 in 2009, and that of its urban area was 175,000.- History :Udine is the historical...

, Friuli
Friuli
Friuli is an area of northeastern Italy with its own particular cultural and historical identity. It comprises the major part of the autonomous region Friuli-Venezia Giulia, i.e. the province of Udine, Pordenone, Gorizia, excluding Trieste...

, and feeding was discontinued. On February 6, 2009, Prime Minister Silvio Berlusconi
Silvio Berlusconi
Silvio Berlusconi , also known as Il Cavaliere – from knighthood to the Order of Merit for Labour which he received in 1977 – is an Italian politician and businessman who served three terms as Prime Minister of Italy, from 1994 to 1995, 2001 to 2006, and 2008 to 2011. Berlusconi is also the...

 - after declaring that Eluana looked pretty well and "could even give birth to a son" - issued a decree that would have forced the continuation of the treatment of Eluana, and thrust Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...

 into a constitutional crisis when the President of the Republic refused to sign the decree. Prime Minister Berlusconi alleged she died at 19:35 (GMT+1) on 9 February 2009. The autopsy in the private nursing house certified the death was caused by the last days' abstention from food.
The autopsy revealed that the Eluana's brain had been irreparably damaged and compromised, showing what is called diffuse axonal injury
Diffuse axonal injury
Diffuse axonal injury is one of the most common and devastating types of traumatic brain injury, meaning that damage occurs over a more widespread area than in focal brain injury. DAI, which refers to extensive lesions in white matter tracts, is one of the major causes of unconsciousness and...

. In addition, her lungs showed signs of degeneration.

Opinion and reaction

The Roman Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...

 has been critical of the decision that led to Englaro's biological death. When the final judicial decision was handed down, Ennio Cardinal Antonelli, president of the Pontifical Council for the Family
Pontifical Council for the Family
The Pontifical Council for the Family is part of the Curia of the Roman Catholic Church. It was established by Pope John Paul II on 9 May 1981 with his motu proprio Familia a Deo Instituta, replacing the Committee for the Family that Pope Paul VI had established in 1973...

 objected to the ruling citing Eluana's humanity as cause for her to be treated with dignity and that she is not a 'vegetable'. Italian premier
Premier
Premier is a title for the head of government in some countries and states.-Examples by country:In many nations, "premier" is used interchangeably with "prime minister"...

 Silvio Berlusconi
Silvio Berlusconi
Silvio Berlusconi , also known as Il Cavaliere – from knighthood to the Order of Merit for Labour which he received in 1977 – is an Italian politician and businessman who served three terms as Prime Minister of Italy, from 1994 to 1995, 2001 to 2006, and 2008 to 2011. Berlusconi is also the...

 even stated that Eluana "looks fine and healthy" and "could even give birth to a son" despite the young woman being tetraplegic because of injuries sustained in the car accident.

The reaction to Englaro's death was mixed. Rome's mayor, Gianni Alemanno, announced the Colosseum
Colosseum
The Colosseum, or the Coliseum, originally the Flavian Amphitheatre , is an elliptical amphitheatre in the centre of the city of Rome, Italy, the largest ever built in the Roman Empire...

 would be lit all night on February 10 to memorialize "a life that could have and should have been saved." Bioethicist Jacob Appel
Jacob M. Appel
Jacob M. Appel is an American author, bioethicist and social critic. He is best known for his short stories, his work as a playwright, and his writing in the fields of reproductive ethics, organ donation, neuroethics and euthanasia....

 said that "mercy delayed is mercy denied" and expressed his regret that Englaro's family had to wait seventeen years to effectuate her wishes. However, the conservative bioethicist Wesley J. Smith
Wesley J. Smith
Wesley J. Smith is a lawyer and an award-winning author, a Senior Fellow at the Discovery Institute's Center on Human Exceptionalism. He is also a lawyer and consultant for the International Task Force on Euthanasia and Assisted Suicide, and a special consultant for the Center for Bioethics and...

has leveled criticism at the decision to withdraw hydration, stating that the supporters of such a decision portray a false perception that withdrawal of hydration has "benign" consequences for the victim, which he argues is not the case.

Further reading

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