AS TO THE ADMISSIBILITY OF
Application No. 34151/96
by Roberto SCIALACQUA
against Italy
The European Commission of Human Rights (First Chamber) sitting
in private on 1 July 1998, the following members being present:
MM M.P. PELLONPÄÄ, President
N. BRATZA
E. BUSUTTIL
A. WEITZEL
C.L. ROZAKIS
Mrs J. LIDDY
MM L. LOUCAIDES
B. MARXER
B. CONFORTI
I. BÉKÉS
G. RESS
A. PERENIC
C. BÎRSAN
K. HERNDL
M. VILA AMIGÓ
Mrs M. HION
Mr R. NICOLINI
Mrs M.F. BUQUICCHIO, Secretary to the Chamber
Having regard to Article 25 of the Convention for the Protection
of Human Rights and Fundamental Freedoms;
Having regard to the application introduced on 22 August 1996 by
Roberto SCIALACQUA against Italy and registered on 12 December 1996
under file No. 34151/96;
Having regard to the report provided for in Rule 47 of the Rules
of Procedure of the Commission;
Having deliberated;
Decides as follows:
THE FACTS
The applicant is an Italian national currently residing in
Barbarano Romano, Viterbo.
The facts of the present case, as submitted by the applicant, may
be summarized as follows.
In June 1985 the applicant, while helping a drug addict, got
pricked with an infected needle and got infected with hepatitis B.
The applicant's illness remained fairly stable until 1995.
In June 1995 the applicant underwent some medical examinations.
He was told that the situation had worsened dramatically and that he
might need a liver transplant.
The applicant contacted a doctor in London who proposed him an
alternative treatment with herbal remedies (fitofarmaci). This
treatment proved to be successful and the applicant's condition has
improved.
The cost of the treatment is about 1,000,000 Italian liras per
month.
The applicant has regularly sent the receipts of the medicines
to the local division of the national public health service asking for
refund.
The applicant's requests have always been rejected on the ground
that the medicines the applicant makes use of are not listed in the
"medicines' list" (prontuario farmaceutico) which is the list of the
medicines officially recognized as such in Italy.
COMPLAINT
The applicant complains, under Article 2, that his right to life
is violated because the Italian public health service does not pay for
the medicines he needs. The applicant claims that without these
medicines his life would be put at risk.
THE LAW
The applicant complains that the refusal of the authorities to
provide financial covering for the medical treatment which he is taking
constitutes a breach of his right to life guaranteed by Article 2
(Art. 2) of the Convention.
The first paragraph of Article 2 (Art. 2) of the Convention
provides that "everyone's right to life shall be protected by law" and
that "no one shall be deprived of his life intentionally".
The Commission recalls that this provision obliges the State not
only to refrain from depriving of life "intentionally" but also to take
adequate measures to protect life (No. 20948/92, Dec. 22.5.95, D.R. 81,
pp. 35, 39).
However, even assuming that Article 2 (Art. 2) of the Convention
can be interpreted as imposing on States the obligation to cover the
costs of certain medical treatments or medicines that are essential in
order to save lives, the Commission considers that this provision
cannot be interpreted as requiring States to provide financial covering
for medicines which are not listed as officially recognised medicines.
It follows that the application must be rejected as manifestly
ill-founded within the meaning of Article 27 para. 2 (Art. 27-2) of the
Convention.
For these reasons, the Commission, unanimously,
DECLARES THE APPLICATION INADMISSIBLE.
M.F. BUQUICCHIO M.P. PELLONPÄÄ
Secretary President
to the First Chamber of the First Chamber
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