Attendance and active participation in the proposed training activities (lectures and other activities) and individual study will allow the student: to understand and comment on the articles of the Italian Constitution relating to the protection of the right to health; to recognize the different sources of Italian law relevant in the healthcare sector, also in relation to the sources of international and European Union law; to identify the relationships between the institutional bodies competent in the healthcare sector; to know about the national and territorial organization of the National Healthcare Service; to understand the nature of the right to health as a liberty right (freedom of care, informed consent, TSO and DAT); to understand the nature of the right to health as a social right (universality, globality and free-of-charge care, LEA); to know the notion of appropriateness of care; to acquire and appropriately use the basic legal language.
The course provides for 16 class-hours, during which the main theoretical notions of health law will be addressed and the most important legal acts and judgments (Italian Courts and Constitutional Court) will be analyzed. Lectures are in presence. The professor will comply with the indications of the Course of Study regarding the possibility of following the lessons online through TEAMS. The professor will upload on Aulaweb the useful materials for lessons and for individual study (summary schemes, regulatory acts, documents, judgments).
The teaching program includes the study of the following topics: Introduction to the Italian system of sources of law, also in relation to international and European Union law; the right to health and its protection according to the Constitution and other sources of health law; the Constitutional jurisprudence on the right to health; compensation for damage to health (biological damage); the regional organization of the National Health Service; freedom of care and informed consent; end of life and advanced declarations of treatment; health as a financially conditioned social right and essential levels of care (LEA); the appropriateness of health practices and trials.
- R. Balduzzi, G. Carpani, Health Law Manual, Il Mulino Editore, 2013 Edition (last) - F. Castiello, V. Tenore (edited by), Manual of Health Law, Giuffrè Editore, II Edition - F. Giglioni, Handbook of Health Law, In Publishing Law, II Edition (2020).
Ricevimento: The professor usually meet the students on Tuesday from 10am to 12 p.m. (always on appointment by email) at DISPO, Albergo dei Poveri (Piazzale E. Brignole 3a), Central Tower, floor 3B, room 70 or through the software TEAM. Meetings in days and times different from that indicated above are still possible. During class-scheduled time (first semester) it is always possible to meet the professor at the end of the lessons.
CRISTINA CUSATO (President)
ARIANNA PITINO (President)
RITA VERBICARO (President)
ELIANA BRIZZOLARA
ENRICO MAZZINO
DANIELA AMICIZIA (President and Coordinator of Integrated Course)
Lectures of the a.y. 2022-23 will be held in the second semester.
The exam is carried out orally with reference to all the topics that make up the course program. The exam takes place in the sessions indicated in the academic calendar, the relative dates are made known to students through Aulaweb. At least five days before each exam session, a specific registration must be made.
First of all, the student will have to demonstrate the knowledge of the topics of the course, an adequate order in the presentation of it and competences in legal language.
A preferential assessment will be given to the following competences:
Attendance and active participation at classes will also be considered.
All students are invited to enroll in the course Aulaweb webpage.
