Even though in clinical practice ethical deliberation may involve duties such as non-maleficence (for example, intervening in an emergency when there is an imminent risk), the proportionality of interventions, and the protection of third parties from serious harm, in case of conflict between the principle of patient autonomy and the physician’s ethical duty of beneficence, the former generally prevails, since the alternative would entail coercing individuals into unwanted treatment, thereby violating personal freedom in healthcare as protected by Article 32, paragraph 2 of the Italian Constitution. However, the same provision includes an exception governed by Articles 33, 34, and 35 of Law No. 833 of 1978, which regulates Compulsory Treatments (CT).
A step toward safeguarding rights in compulsory psychiatric treatment: ethical reflections on Italian Constitutional Court Ruling No. 76/2025
Patuzzo Manzati S
;Lasalvia A
2026-01-01
Abstract
Even though in clinical practice ethical deliberation may involve duties such as non-maleficence (for example, intervening in an emergency when there is an imminent risk), the proportionality of interventions, and the protection of third parties from serious harm, in case of conflict between the principle of patient autonomy and the physician’s ethical duty of beneficence, the former generally prevails, since the alternative would entail coercing individuals into unwanted treatment, thereby violating personal freedom in healthcare as protected by Article 32, paragraph 2 of the Italian Constitution. However, the same provision includes an exception governed by Articles 33, 34, and 35 of Law No. 833 of 1978, which regulates Compulsory Treatments (CT).
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