The Italian Constitution guarantees the inviolability of personal liberty. In particular, consent to medical treatment is covered by article 32 (2) of the Constitution. This article states that nobody may be forced to undergo any particular medical treatment, unless under the provision of the law. That law may in no case violate the limits imposed by proper respect for the human person.
• The right to informed consent is also regulated by the Code of Medical Ethics. According this Code the physician can not perform any diagnostic or therapeutic treatment without the consent of the patient (article 32). The consent is part of the informative process (see right to information about his or her health) regulated by article 30 of the Code and does not replace it.
• The physician should respond to the free will to be treated expressed by the person, with regard to the dignity, liberty and independence of the profession (article 34).
• The consent has to be expressed in a written manner in the cases foreseen by the law an in the cases in which the particularities of the diagnostic and/or therapeutic activities or the potential consequences of these activities make an unequivocal manifestation of the will of the patient opportune.
• Diagnostic and/or therapeutic procedures which could compromise the physical integrity of the patient can only be undertaken in case of emergency. The physician has to inform the patient on the possible consequences of the proposed procedures and obtain an appropriate informed consent.
• In case of an informed refusal by a person who is capable of comprehension, the physician must cease any diagnostic and/or curative activity, because no treatment may be allowed without consent of the person.
• In case of emergency and in case of any danger to the person’s life, the physician must provide the necessary assistance and care, provided that the patient can not express his refusal at that time.

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