Persona minore di età e libertà di autodeterminazione

The paper focuses on the rules that, in the context of two recent legislative interventions the newEuropean Regulation on privacy (EUReg. 2016/679) and the Italian Lawno. 219 of 2017 (so-called lawon “end of life”) , govern the capacity of self-determination of minors, using non-homogeneous regulatory criteria. From the analysis of the two different sets of rules, it is clear,however, that the process that leads the individual – adult or minor – to “self-determine” him/herself, is very complex in the phenomenological reality in which it occurs, so that it appears as a variable dependent from the coexistence of some indispensable assumptions, such as the agent’s full awareness the consequences that his/her choices might entail and “objective” conditions that guarantee an effective possibility of choice. It is not only a question of acknowledging theminor’s freedomto “decide” on his or her private sphere, but rather of putting him or her in a subjective and objective position to make conscientious decisions