Peru's justice rules for the first time in favor of a dignified death

Ana Estrada, a 43-year-old Peruvian psychologist who suffers from a serious degenerative disease.STRINGER / Reuters

Peruvian legislation does not contemplate the right to a dignified death, but a constitutional court of first instance has authorized euthanasia for the psychologist Ana Estrada based on an interpretation of fundamental rights.

The 43-year-old woman has suffered from a degenerative disease for 30 years and the judges have ruled that those who practice euthanasia not be subject to the figure of "merciful homicide", provided for in the Penal Code.

"We have reached the goal," he said about the Estrada ruling, who stressed that his struggle was justified "for being free."

It is a historic resolution in Peru for being the first of its kind.

"It is not about wanting to die or apologize for death, on the contrary, to continue until the last chapter of my life with my way of thinking, to develop myself, as I have always done, making my own decisions.

I wanted it to be like that and it is being fulfilled ”, he added.

Judge Jorge Ramírez Niño de Guzmán supported his decision by considering affected the rights to "dignity, autonomy, free development of his personality and the threat of not suffering cruel and inhuman treatment."

Estrada has suffered from an irreversible and autoimmune disease that atrophies and inflames the muscles, called polymyositis, since he was 12 years old, and according to his blog, from the age of 20 he had to use a wheelchair.

Although she graduated and worked as a psychologist and lived independently, in 2015 her condition worsened and she was admitted to an intensive care unit for six months.

When she returned home, she needed bedridden, 24-hour medical assistance, and an oxygen balloon.

Estrada then began researching assisted death and writing a blog about her situation, recounting her emotions.

”My current condition is semi-prostrate, that is, on the best of days, I manage to spend four hours in my wheelchair, the rest I spend in bed connected to the ventilator or breathing spontaneously through the windpipe.

I can also swallow and feed myself orally when I feel good, ”he described in a letter on the Change.org platform in February last year.

The resolution of the Eleventh Constitutional Court grants the request of the Ombudsman's Office not to apply the figure of "merciful homicide" to those who carry out euthanasia.

“They cannot be prosecuted, as long as the acts leading to their death in dignified conditions are practiced in an institutional manner and subject to the control of their legality, in the time and opportunity specified;

while she cannot do it herself, ”says Judge Jorge Ramírez Niño de Guzmán.

The magistrate orders that the Ministry of Health and the Social Health Insurance (EsSalud) respect the decision “of Mrs. Ana Estrada Ugarte, to end her life through the technical procedure of euthanasia;

through the action of a doctor to directly supply (oral or intravenous), a drug destined to end his life, or another medical intervention destined to that end ”, and they form three interdisciplinary commissions of professionals for that purpose.

In EsSalud, a working group must also draw up a plan for the care and technical aspects of the decision taken and a protocol for compliance with their right to a dignified death, and another will have to practice euthanasia.

At the same time, a commission from the ministry will be in charge of approving the plan prepared by social security.

In addition, the court ruling indicates that euthanasia must be completed within ten business days from the activist expressing that she wants to end her life.

The judge's decision -which is additionally supported by aspects such as pain and human life as an act of freedom- only applies to the case of Estrada, but Congressman Gino Costa presented a bill last month that seeks regulate the recourse of euthanasia.

The deputy for constitutional matters of the Ombudsman's Office, Percy Castillo, specified that if any legal action appealed the decision of Judge Ramírez, the entity will continue to sponsor the psychologist.