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They authorize euthanasia for the first time for a patient in Ecuador and urge that a law be enacted

2024-02-07T23:02:30.961Z

Highlights: Ecuador's Constitutional Court has authorized euthanasia for the first time. Paola Roldán, a 43-year-old woman with amyotrophic lateral sclerosis, filed a lawsuit in 2023. The Court granted two months to the Ministry of Health to prepare a regulation on active euthanasia. The Ombudsman's Office will have six months to develop a bill to regulate it. The Legislative Assembly must debate and approve the project within a one year. Euthanasia in Argentina is not allowed as this does not exist as a period of death.


The Constitutional Court recognized the right to a dignified death for a 43-year-old woman. At the same time, it demanded a protocol from the Ministry of Health and set a deadline of one year for a law to be enacted in this regard. Paola Roldán suffers from amyotrophic lateral sclerosis. (ALS) and had filed a lawsuit in 2023.


This Wednesday, through a court ruling, in

Ecuador

the possibility of

a terminally ill patient resorting to euthanasia

was authorized for the first time .

In turn, the Ecuadorian Court went further: it granted two months to the Ministry of Health to prepare a

regulation on active euthanasia

and six months to the Ombudsman's Office to

prepare a bill

that regulates it and that Congress must debate. and approve within a

period of one year

.

The decision made by the Constitutional Court of that country comes after a

tough judicial battle

faced by Paola Roldán,

a 43-year-old woman who suffers from amyotrophic lateral sclerosis

(ALS).

Roldán's disease progressively disables his muscles and requires

oxygen assistance and specialized personnel 24 hours a day

.

Additionally, it can only

be fed intravenously

.

In August

2023

, the woman had filed a

lawsuit

requesting the unconstitutionality of article 144 of the Penal Code of Ecuador, which criminalized homicide and established a sentence of 10 to 13 years in prison for anyone who committed it.

Euthanasia, as such, was not included as a cause of non-imputability

or blamelessness in Ecuadorian law.

Paola Roldán suffers from ALS and has become the first case in Ecuador in which euthanasia is approved.

In its ruling, Ecuador's highest court of guarantees declared the

"conditional constitutionality"

for Roldán's assisted death, although it established that

a doctor must carry out the procedure

and that she must express her

unequivocal, free and informed consent

or, in If you cannot report it, you must do so through your representative.

Another of the requirements established by the Court is that the patient

suffers intense suffering

caused by an injury that must necessarily be bodily, serious and irreversible or an illness that is serious and incurable.

Roldán also stated in his lawsuit that a dignified death

is a right of “those who suffer and have suffered serious or incurable illnesses”

and decide “freely and voluntarily to end their life” to stop “suffering or intense physical or emotional pain.” ”.

In a statement she gave in November via the internet, the woman had told the judges: “Week after week I am a conscious witness of

each faculty that I am losing

.”

Until the issuance of this ruling, euthanasia was not legal in Ecuador, although “passive euthanasia” was contemplated, that is, the possibility of

a family member making the decision to disconnect

the equipment that keeps a patient alive.

"Several times I thought that I would not be able to see the fruits of this lawsuit, like someone who plants a tree so that someone else can sit under its shadow," Roldán had written on Friday on his Twitter, while a resolution was still awaited.

Several times I thought that I would not be able to see the fruits of this demand, like someone who plants a tree so that someone else can sit under its shade.



But I have survived and now I want to see if the blood of justice and humanity runs through the veins of this country, or if we continue in the retrograde… https://t.co/jr51X9Gx2T

— Paola Roldan Espinosa (@PaolaRoldanE) February 2, 2024

Now it will be up to the Ministry of Health to develop a

regulation on active euthanasia

, for which the Court granted it

two months

.

The Ombudsman's Office, for its part, will have

six months to prepare a bill

to regulate it.

The Legislative Assembly must debate and

approve

this project

within a period of one year

.

Euthanasia in Argentina

In our country, assisted death

is not allowed

, although

orthothanasia does exist

, which is what is known as passive euthanasia: not subjecting a patient to prolonging their life when this is medically useless.

The law that authorizes this practice in our country is 26,742 and arose in 2012,

from the case of Camila López

who spent more than

two years in the palliative care room

of a hospital, hospitalized in a vegetative state.

According to this law, the same patient, in a state of lucidity but knowing that he or she has a terminal and irreversible illness, can

refuse surgical procedures, artificial resuscitation

or even request

that life support measures be withdrawn

when they are extraordinary or disproportionate to the prospect of improvement or produce disproportionate suffering.

You can also

order the doctor to stop treating you

, and even stop feeding and hydrating you when this only serves to prolong time in an irreversible or incurable terminal state.

In the rest of Latin America,

only Colombia decriminalized euthanasia

in 1997.

Uruguay and Chile are still discussing projects

on the matter, while in

Mexico

there is the so-called

"good death" law

, which authorizes the patient or his family to request that life is not prolonged by artificial means.

With agencies.

D.S.

Source: clarin

All news articles on 2024-02-07

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