by Vera Martinella
The Senate gives the final green light to the law: it protects people who have had oncological diseases and are clinically cured (after ten years). They will be able to take out a mortgage, get a loan, take out insurance, adopt a minor
Anyone who has had cancer and has completed treatment more than ten years ago will no longer be prohibited from taking out a mortgage, having a loan, taking out insurance, or even adopting a child. Today, December 5, the law on so-called oncological oblivion was unanimously approved. Last August the Chamber of Deputies had given the first unanimous yes to the Provisions for the prevention of discrimination and the protection of the rights of people affected by oncological diseases and now the green light has finally arrived, again unanimously , of the Senate (Who
the text) .
With the approval of the law, which will come into force after publication in the Official Journal, Italy aligns itself with other European countries that have already adopted a similar provision: France, Luxembourg, Belgium, Holland, Portugal, Spain and Romania.
Who will benefit, who is excluded for now
To better understand who will benefit from the new rule and who, however, remains excluded for now and why, we interviewed two of the leading experts Elisabetta Iannelli, lawyer vice-president of the Italian Association of Cancer Patients (Aimac), who has long been involved in the defense of the rights of cancer patients and general secretary of the Federation of Associations for Oncology Patients (Favo) and Saverio Cinieri, president of the Foundation of the Italian Association of Medical Oncology (Aiom), who spent a lot of effort to arrive at the Italian law.
What is meant by oncological oblivion?
the right of those who have recovered from cancer not to reveal information on their previous pathology so as not to suffer discrimination. The fundamental issue is to establish when a patient can be said to be cured, replies Iannelli.
When is cancer cured?
Many scientific studies have been done in recent years to define the concept of healing and there are very precise parameters shared at an international level which vary based on many factors, first of all the type of cancer in question and the time elapsed since diagnosis – he explains Cinieri -. The risk of death from cancer is highest in the first years after diagnosis and then progressively decreases. A cured person is defined as someone who has the same life expectancy as people of the same age and sex who have never had cancer. In short, one is cured when the ex-patient’s chances of dying from the neoplasm are now almost nil and he or she goes back to being the same as the rest of the population.
What does the law provide?
The law, after having defined oncological oblivion, specifically protects the person cured of cancer from possible discrimination in the financial, banking and insurance fields, in the procedures for ascertaining suitability for adoption and in accessing competitions, work and professional training – clarifies Iannelli –. The rules therefore provide that information cannot be requested nor investigations can be carried out (medical check-ups or health checks) on previous oncological pathology, which therefore must not constitute a reason for exclusion or refusal or “worse” contractual conditions for those who have recovered. from cancer.
The new Italian law enhances the commitment and role of patient associations and oncology volunteers by assigning them a central consultancy role in the implementation phase of the law.
Who is left out and why?
The law on oblivion does not apply to those who cannot yet be considered cured of cancer because a certain number of years have not yet passed (5 or 10 years depending on whether the first diagnosis was made before or after the individual’s 21 years of age). ) from the end of the anti-tumor treatments and from the last evidence of illness – states the lawyer Iannelli –. This is the key concept, it is not about discrimination, but about precise medical criteria. Criteria, moreover, shared by the entire international scientific community. The same ones considered by the laws already approved in other European countries. And which identify those tumors (such as, for example, those of the testicle or thyroid) for which the implementing decrees will apply terms of less than 10 years to enjoy the right to be forgotten.
How many people are cured of cancer?
There are approximately 377 thousand new cases of cancer diagnosed every year in our country and, according to the latest findings, 3.6 million compatriots are alive after a cancer diagnosis – replies Cinieri -. At least one patient in four (27%) – almost a million people – can be considered completely recovered because they have returned to having the same life expectancy as the general population.
How long do you have to wait to be healed?
The time necessary to reach the same life expectancy as the general population and to define the cured person varies first of all in relation to the different neoplasms – clarifies Cinieri -. less than one year for thyroid and testicular cancer (frequently diagnosed, moreover in people under 45 years of age) and less than 10 for colorectal cancer, skin melanoma, uterine cervix. Former patients with tumors of the stomach, gallbladder, uterine body and ovary also have to wait about 10 years.
More is needed for some very frequent neoplasms, such as breast, prostate and bladder: a certain excess risk of the disease recurring, although small, persists for a very long time, sometimes beyond 15 years. Patients with kidney tumors, non-Hodgkin lymphomas (in particular large B-cell or follicular lymphomas), myelomas and leukemias must also wait beyond 15 years.
Obviously not falling within the right to be forgotten does not mean not having rights: those who are not yet cured and live with a tumor in the acute or chronic phase, during or after treatment, are still protected by the law as are those who assist them.
In Italy, oncological disability is legally protected by legislative and contractual rules aimed at eliminating the obstacles that prevent full social and working inclusion of cancer patients and also of their caregivers (you can learn more about Who).
a beautiful day for Parliament and for civilization. Today Italy removes the “scarlet letter” from the chests of former patients and transforms “you cannot” into “you can” commented Patrizia Marrocco, Forza Italia MP and first signatory of the bill. I am moved and honored to have presented this sacrosanct bill at the beginning of the legislature, which fills a regulatory gap and was awaited by a million recovered people. Furthermore, a law approved only 14 months after its presentation concluded the deputy.
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December 5, 2023 (changed December 6, 2023 | 07:25)
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