Oncological oblivion is law. What it means and why it protects rights

THEthe right tooncological oblivion it’s finally reality. Definitively approved unanimously by the Senate law that allows you not to mention an oncological disease once you have recovered. A historic achievement strongly desired for protect dignity and rights of people who have had cancer have faced treatment and overcome the disease, thus avoiding discrimination and unfair treatments such as, for example, access to financial and insurance services.

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Oncological oblivion is finally law

The new law is the result of the synthesis work between various proposals advanced over months and months of debate. The first signatories were the Honorable Maria Elena Boschi and Patrizia Marrocco. After approval in the House in August, the definitive yes arrived in the Senate yesterday with the law entitled Provisions regarding equal treatment, non-discrimination and guarantee of the right to be forgotten of people recovered from oncological pathologies”.

Oncological oblivion: what changes with this law?

The goal achieved, the result of a synthesis of various proposals advanced over months and months of debate, will restore rights and dignity to people who have clinically overcome oncological disease, but not the fence built around them by the society in which they live. By the right to oncological oblivion, as stated in the recently approved text, we mean «the right of people recovered from an oncological pathology not to provide information or undergo investigations regarding their previous pathological condition, in the cases referred to in this law».

A right finally achieved

There is no shortage of practical examples. Do you want to access a mortgage? You must take out an insurance policy to guarantee the same, and the policy asks you to self-declare your health status. With cutting questions like “have you been diagnosed with oncological pathologies?”.

From today all this will no longer have to be declared because the right not to mention past illness, after a suitable period of time has passed since the therapies, it is simply no longer relevant. The period in question was identified in ten years from the end of active treatment, without episodes of recurrence, for adults and five years for tumors that arose before 21 years of age. Estimates say that in Italy there will be at least one million people who will benefit from it.

The comments of the Associations

The law approved by the Italian Parliament is a model to be imitated by all other European countries too since it does not simply guarantee the right to be forgotten, but protects those who have recovered from any form of discrimination or unequal treatment compared to healthy people, in order to ensure that the clinical recovery of the person corresponds to the possibility of exercising their rights in conditions of equality with the rest of the population”, states Elisabetta Iannelli, general secretary of FAVO (Federation of voluntary associations in oncology).

Activation within 60 days

“Once the law has been made, the implementing decrees must be issued soon. The attention shifts to the Government and in particular to the Ministries of Health, Justice and Labour, which in a short time (60 days from the entry into force of the law) they will have to implement the law issuing the decrees which will specifically identify the list of oncological pathologies to be considered cured in less than 10 or 5 years established by law. Favo will monitor the implementation of the law and will provide its consultancy contribution to the institutions as required by the regulations.” A “law of civility” also for medical oncologists.

Francesco Perrone, President of AIOM, Italian Association of Medical Oncology, underlined the most advanced aspects of a rule that goes beyond the scope of banks to enter offices, factories and other workplaces: “The law does not protect only in relationships with banks and insurance companies but also in competition, if physical suitability is required and in the context of adoption procedures. It is, therefore, one more advanced law compared to what has been established in other states that have already adopted regulations on this issue”.

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