Fondamento dialogico, agency e partecipazionedel minore d'età nel consenso informato: una critica alla Legge 219/2017

This contribution frames the issue of informed consent, highlighting the
need for an information characterized by dialogue, consistent with the paradigm of therapeutic compliance provided in the l. 219/2017. This paper, then,
tries to emphasize how the dialogical dimension seems to be set aside when
the protagonist of the therapeutic consent is a child our an adolescent: first,
the contribution examines the specific issue of the consent of the child through
the reflections (in european and italian law and in the charters of the rights of
the hospitalized children) which preceded the law on the living will ; then the
work focuses on the specific provision referring to the informed consent of the
child in the art. 3 of l. 219/2017. This legislative solution does not respect the
path of recognition of the agency of the child and the adolescent, which can
be found in the new provisions from d.lgs. 154/2013 in the theme of sonship,
and to the implementation of the dialogic dimension (constitutive of the compliance
paradigm) also to the therapeutic relationship with the child capable
of discernment.