Death captured by constitutional law

A movement in constitutional texts and case law, in contemporary democratic regimes such as Germany and Italy, is leading to the development of exceptions to the protection of life in order to have access, or even a "right", to death. How do these legislative solutions combine with the right to life, protected by constitutions, their judges and the European Convention on Human Rights and other international sources? Is the principle life or self-determination? How should the constitution and the law envisage guarantees of freedom to die? What about the rights of mobilized third parties?

Several questions arise that deserve different readings: if the Constitution constitutes an order of values, including fundamental rights, is it and can it be the place for specifying a freedom to request and obtain death? Are there any provisions to this effect, and how do they fit in with the possible enshrinement of the protection of life? Given the state of ideas, ethical and political debates, what place is envisaged for constitutional law? Towards autonomy?

In terms of realization: which constitutional norms are currently applied to the end of life? Which ones are not and could be? What role does the establishment of substantive and procedural conditions play in the recognition of freedom to die? Does the principle of proportionality come into play in the case of conditions of access to death? What conditions are generally required?

Laws and constitutional jurisprudence opening up access to assisted suicide or medical aid in dying are based on the idea of a derogation from objective law in the name of self-determination. Can we then speak of a "right" to die? What do these arguments say about the priority/conciliation of constitutional norms? Do the conditions for constitutional litigation have an effect on the solutions adopted?

The Autumn School offers doctoral students or young PhDs the opportunity to take part in a master-class consisting in presenting and discussing a contribution on the general theme with a panel of speakers at the colloquium.

For more information:
https://univ-droit.fr/recherche/actualites-de-la-recherche/appels/49262…