Oncological oblivion: who has the right to be cured of cancer before the age of 10?

The law for oncology oblivion has its own first implementing decree, developed by the Ministry of Health. The provision, published in the Official Journal on 24 Aprildefines the list of oncological pathologies for which a reduced deadline to accrue the right to oblivion compared to the limit of 10 years (or 5 years, if the diagnosis is before the age of twenty-one) from the end of treatment or from the last surgery.

The law on “oncological oblivion”

The law on the so-called “oncological oblivion” had been approved in December 2023 (here the text) and then entered into force after publication in the Official Journal on January 2, 2024but to give it effective execution the four implementing decrees were still missing: now the first has finally arrived with which the tumor forms that can be considered cured in less than 10 years from the end of the treatments (or 5 years for diagnoses made before the age of 21).
«In practice, the law establishes the right of those who have recovered from cancer not to reveal information on their previous pathology so as not to suffer discrimination – he recalls Elisabetta Iannelli, lawyer and general secretary of the Federation of associations for cancer patients (Favo) —. Those who have had cancer and have completed treatment more than 10 years ago will now no longer be able to be denied take out a mortgage, get a loan, take out insurance, adopt a child, nor may he be discriminated against at work. The fundamental issue is to establish when a patient can be said to be cured and this is also what the implementing decrees of the law on oncological oblivion are used for.”

Tumors that reach the “cure goal” first

The table attached to the recent Decree therefore specifies the pathologies for which one can be considered cured in shorter times than the “standard” ones (i.e. 5 or 10 years): “For the colorectal cancer in stage I, at any age, oncological oblivion kicks in one year after the end of treatment – says Saverio Cinieri, president of the Aiom Foundation (Italian Association of Medical Oncology) -; for stage II and III colon rectum, for those over 21 years of age, it drops 7 years after the end of treatment; for the melanomafor those over 21 years of age, the term drops to 6 years: for a carcinoma mammary, in stages I and II, for any age, the term drops to one year; for the cervical cancer, for those over 21 years of age, it drops to 6 years; for a tumor of the uterus, for any age, it drops to one year: for women thyroid neoplasms, under 55 years of age for women and under 45 years of age for men, drops to one year; for the acute lymphoblastic and myeloid leukemiafor any age, the term drops to 5 years.”

Scientific parameters

Many scientific studies have been done in recent years to define the concept of healing and there are some 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
«The risk of death from cancer is highest in the first years after diagnosis and then progressively decreases – he explains Francesco Perrone, president of Aiom-. It defines itself those who have the same life expectancy as the general population, i.e. people of the same age and sex, are cured that they have never had cancer.”
«The issuing of this first decree is the answer that hundreds of thousands of people have been waiting for, a further step towards overcoming the anachronistic and unacceptable stigma that afflicts those who have had an oncological diagnosis, which still inspires so much terror – comments Iannelli – . Soon The issuing of the Ministry of Health decree regulating the recovery certificate is awaited».
«People affected by cancer have to endure a long and tiring process of treatment and follow-up and it is right that at the end of the treatment, when the disease is defeated, they can go back to living like all other Italian citizens and access those rights inalienables of the person – he concludes Annamaria Mancuso, president of Salute Donna ODV and coordinator of the Advocacy Group “Health: an asset to be defended, a right to be promoted” –. We thank politicians and legislators who are sensitive to these issues and hope to continue quickly with the next steps.”