IL “DOPPIO STANDARD” DELLA CORTE EDU NELL’APPLICAZIONE DEL BEST INTEREST OF THE CHILD AI CASI SUL FINE-VITA DEI PAZIENTI MINORI D’ETÀ

THE ECHR’S “DOUBLE STANDARD” IN APPLYING END-OF-LIFE CARE AS THE "BEST INTERESTS" OF MINOR PATIENTS An examination of ECHR case law on end-of-life care has highlighted the existence of a “double standard” in the application of the principle of the “best interests of the child”. This approach is characterized by considering the interests of minor patients as a reflection of the interests of the healthcare system (and therefore the State) that has assumed responsibility for their health, completely misrepresenting the true needs and human rights of both the minor and his family. This way of thinking increasingly appears to be the expression of a form of legal and moral decline in the context surrounding minors who end up in a situation of general abandonment. This is a very serious problem afflicting today's society, which, however, rather than seeking an adequate solution, seems to continue to deny it. It cannot be ignored for much longer, not only if we do not intend to completely halt the advancement of human rights but, above all, if we do not want to lose the progress already made, including in the area of end-of-life care.