Procedure is authorized in the case of a 43-year-old woman with a degenerative disease that causes loss of movement and intense suffering
The Constitutional Court of Ecuador decriminalized euthanasia in the country. The decision was taken on Wednesday (Feb 7, 2024), in the analysis of a lawsuit filed by Paola Roldán, 43 years old. Diagnosed at the age of 3 with amyotrophic lateral sclerosis – a degenerative disease that causes loss of movement and intense suffering, Paola only controls the muscles in her face and breathes with the help of a respirator.
In the action, the defense asked for the unconstitutionality of article 144 of the Ecuadorian Penal Code, which equates euthanasia to homicide and stipulates a sentence of 13 years in prison for the doctors involved.
The Court decided, by 7 votes to 2, that the equality was unconstitutional and the procedure was authorized for Paola. “The Court considers that the topic presented is related to the rights to a dignified life and the free development of the personality (autonomy), and therefore concludes that, after carrying out an examination [da matéria]life admits exceptions to its inviolability when seeking to protect other rights”, appears in the decision. Here's the full textin Spanish (PDF – 1 MB).
Also according to the court, “every human being can make free and informed decisions when their personal development is affected“, including “the option to put an end to intense suffering caused by a serious and irreversible bodily injury, or a serious and incurable illness”.
Only the patient who makes the request can undergo the procedure.”in an unequivocal, free and informed way”. If he is unable to speak, the request can be made by a representative.
The procedure will only be authorized in people in “condition of intense suffering resulting from serious and irreversible bodily injury or serious and incurable illness”.
A bill regulating euthanasia procedures must be presented within 6 months.
Days before the hearing, Paola appealed to the Ecuadorian Court of Justice in a post on X (former Twitter): “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 in its shade.“, he wrote. “But I survived and now I want to see if the blood of justice and humanity runs through the veins of this country.”
In Latin America, in addition to Ecuador, euthanasia is only decriminalized in Colombia and Cuba. Other countries are also debating the topic. In Brazil, euthanasia is a crime and those involved can be accused of homicide.
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