La eutanasia como un derecho fundamental aplicado a la normativa ecuatoriana en la actualidad

Abstract

This study aims to analyze the favorable elements of voluntary active euthanasia in patients with terminal illnesses, seeking its recognition as a fundamental right in Ecuador and its subsequent constitutionalization. To achieve this, a comparison was made between different types of euthanasia, emphasizing the current legislation in Ecuador, with a focus on the medical code of ethics, and the comparative law of countries that have legalized and regulated it, recognizing it as the right to a dignified death, as is the case in Colombia, the Netherlands, and Belgium. Furthermore, in-depth research was conducted into doctrinal trends supporting euthanasia as a human right, primarily based on the exercise of the principle of personal autonomy, the guarantee and defense of human dignity, and the alternative it offers to alleviate human suffering. These trends were evaluated to adapt them to the Ecuadorian context, considering constitutional principles such as Sumak Kawsay, dignified life, and the right to health, along with a comprehensive analysis of the principle of the progressive realization of rights to recognize euthanasia as a possible fundamental right. Finally, a comparison was presented between two studies with a time and age gap in the surveyed individuals, demonstrating the acceptance of euthanasia within the Ecuadorian population. With this study, the aim is to initiate a debate and generate discussion about euthanasia and the need for its regulation to protect the rights recognized in the Constitution.