CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 1 juillet 1998

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }                          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